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HomeMy WebLinkAbout2020/02/12 - Agenda PacketSPECIAL MEETING AGENDA FIRE PROTECTION DISTRICT BOARD -HOUSING SUCCESSOR AGENCY - SUCCESSOR AGENCY - PUBLIC FINANCE AUTHORITY - CITY COUNCIL Wednesday, February 12, 2020 10500 Civic Center Drive Rancho Cucamonga, CA 91730 REGULAR MEETINGS: 1st and 3rd Wednesdays - 7:00 P.M. ORDER OF BUSINESS: CLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M. REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M. MEMBERS: MAYOR L. Dennis Michael CITY MANAGER John R. Gillison MAYOR PRO TEM Lynne B. Kennedy COUNCIL MEMBERS Ryan A. Hutchison Kristine D. Scott Sam Spagnolo CITY ATTORNEY James L. Markman CITY CLERK Janice C. Reynolds CITY TREASURER James C. Frost Rancho Cucamonga City Council Mission Statement • Make decisions, and be perceived as making decisions, for the general welfare of the community. • Always work to improve existing services and develop policies to meet the expected as well as anticipated needs of the community. • Work together cooperatively to respect all persons and their ideas in order to develop and maintain the trust of the community. Reflect the community's desires and priorities by assuring that decisions accurately reflect the community's interests by fairly translating public feedback into public policy. • Enhance the quality of life of all Rancho Cucamonga residents through the continued pursuit of excellence and commitment to the City's core values and goals. • Set the vision for the community for the future. • Have a professional, objective and respectful relationship with each other in order to more effectively address the challenges of the future. Page 1 Aft A_ . INFORMATION FOR THE PUBLIC Le gA'HO &CAMONGA TO ADDRESS THE FIRE BOARD, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL The Fire Board, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board, Housing Successor Agency, Successor Agency, Public FinanceAuthority and City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. Any handouts for the Fire Board, Successor Agency, Public Finance Authority or City Council should be given to the City Clerk for distribution. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other "Public Communications" which have not concluded during this one-hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an "Advertised Public Hearing" or on an "Administrative Hearing" Item(s), your name will be alled when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public Libraries and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Fire Board, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 7:00 p.m. Streaming Video on Demand is available on the City's website at www.cityofrc.us/cityhall/council/videos.asp. The Fire Board, Successor Agency, Public Finance Authority and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. Copies of the agendas and minutes can be found @ www.cityofrc.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please silence all cell phones and devices while the meeting is in session. Page 2 FEBRUARY 12, 2020 - 4:30 PM SPECIAL MEETING FIRE PROTECTION DISTRICT BOARD -HOUSING SUCCESSOR AGENCY - SUCCESSOR AGENCY - PUBLIC FINANCE AUTHORITY - CITY COUNCIL 10500 Civic Center Drive Rancho Cucamonga, CA 91730 CLOSED SESSION - 4:30 P.M. Roll Call: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION - Tapia Conference Room D.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272-11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND MICHAEL DIEDEN REPRESENTING EMPIRE YARDS AT RANCHO, LLC; REGARDING PRICE AND TERMS. — CITY D.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9789 MAIN STREET IDENTIFIED AS PARCEL NUMBERS 0209-062-02-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CAROL NORRIS, NORTHTOWN HOUSING DEVELOPMENT CORPORATION.; REGARDING PRICE AND TERMS. -CITY D.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH EAST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE IDENTIFIED AS PARCEL NUMBER 0229- 012-97-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JACKSON SMITH, NEWCASTLE PARTNERS.; REGARDING PRICE AND TERMS. -CITY DA. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090-331-03-0000, 1090-331-04-0000, 1089-581-04-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS.; REGARDING PRICE AND TERMS. -CITY Page 3 D.5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229 162 14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING PRICE AND TERMS — CITY D.6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229131 07; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST AND BONNIE CATHRYN STRACK & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, OWNERS; REGARDING PRICE AND TERMS — CITY D.7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE S E C T I O N 5 4 9 5 6. 8 F O R I N T E R E S T I N PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229 162 14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND MR. & MRS. JOAQUIN RAMOS, JOSE NERI, MAURICIO NERI AND JOAQUIN QUIEJ, TENANTS; REGARDING PRICE AND TERMS — CITY D.8. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA). — CITY D.9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: AWI BUILDERS, INC V. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIV DS 1928697 D.10. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: NATURAL RESOURCES DEFENSE COUNCIL INC. V. CITY OF RANCHO CUCAMONGA, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIV DS 1937969 E. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY, AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REGULAR MEETING - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY, AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AGENCIES, AUTHORITY BOARD AND COUNCIL. Pledge of Allegiance Roll Call: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and Spagnolo A. ANNOUNCEMENT/ PRESENTATIONS Page 4 B. PUBLIC COMMUNICATIONS CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council Member for discussion. C. CONSENT CALENDAR - FIRE PROTECTION DISTRICT 7 C.1. Consideration of Meeting Minutes: Regular Meetings of January 15, 2020. C.2. Consideration to Award a Contract to K -Vac Environmental Services for Hazardous Waste 8 Removal, Remediation and Disposal Services in an amount not to exceed $10,000 for the remainder of FY 2019/2020 and an annual amount not to exceed $10,000 for FY 2020/2021 through FY 2026/2027, contingent upon approval of the FY 2020/2021 and future budgets. C.3. Consideration to Approve a Resolution Modifying Paying and Reporting the Value of Employer 123 Paid Member Contributions to CALPERS for the Fire Support Services Association Bargaining Unit. RESOLUTION NO. FD -20-001 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCMONGA, CALIFORNIA, MODIFYING PAYING AND 125 REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO CALIPERS FOR THE FIRE SUPPORT SERVICES ASSOCIATION (FSSA) BARGAINING UNIT D. CONSENT CALENDAR - HOUSING SUCCESSOR AGENCY D.1. Consideration of Meeting Minutes: Regular Meetings of January 15, 2020. 7 E. CONSENT CALENDAR - SUCCESSOR AGENCY E.1. Consideration of Meeting Minutes: Regular Meetings of January 15, 2020. 7 F. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY 7 F.1. Consideration of Meeting Minutes: Regular Meetings of January 15, 2020. G. CONSENT CALENDAR - CITY COUNCIL 7 G.1. Consideration of Meeting Minutes: Regular Meetings of January 15, 2020. G.2. Consideration of an Appropriation in the Amount of $62,000 From the Municipal Utility Fund 126 (Fund 705) for the Purchase of Two Transformers and One Padmounted Switchgear from Anixter Power Solutions. G.3. Consideration of an Appropriation in the Amount of $16,800 From the Municipal Utility Fund 128 (Fund 705) for the CIS Infinity Payment Portal Server Migration. GA. Consideration of Amendment No. 01 to the Agreement with Pacific Utility Installation, Inc. 129 (CO#19-085) in an Additional Amount of $989,237 Plus a 5% Contingency for the Haven Avenue Cable Bring Up and Mayten Business Park/Hampton Inn Projects and Authorize an Appropriation in the Amount of $1,038,700 From the Municipal Utility Fund (Fund 705). G.5. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of 131 Retention and Bonds and Authorize an Appropriation in the Amount of $6,940 for the Fiscal Year 2018/19 Major Arterial Pavement Rehabilitation Project at Haven Avenue, Foothill Boulevard and Hermosa Avenue. G.6. Consideration of an Increase in Construction Contingency and an Additional Appropriation in the 135 Amount of $31,000 from the Transportation Fund (Fund 124) for the Freeway and Arterial Signal Synchronization Project. G.7. Consideration to Award a Contract to K -Vac Environmental Services for Hazardous Waste 139 Removal, Remediation and Disposal Services in an amount not to exceed $20,000 for the remainder of FY 2019/2020 and an annual amount not to exceed $40,000 for FY 2020/2021 through FY 2026/2027, contingent upon approval of the FY 2020/2021 and future budgets. Page 5 G.8. Consideration to Accept the Traffic Signal Battery Backup System Replacement FY 18-19 Project 254 as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. H. CONSENT ORDINANCES The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non -controversial. The City Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by a Council Member. ADMINISTRATIVE HEARING ITEM J. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. K. CITY MANAGER'S STAFF REPORTS L. COUNCIL BUSINESS L.1. COUNCIL ANNOUNCEMENTS --- (Comments to be limited to three minutes per Council Member.) L.2. INTER -AGENCY UPDATES --- (Update by the City Council to the community on the meetings that were attended.) M. IDENTIFICATION OF ITEMS FOR NEXT MEETING N. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy -Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website. Page 6 DATE: February 12, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Linda A. Troyan, City Clerk Services Director SUBJECT: CONSIDERATION OF MEETING MINUTES: REGULAR MEETINGS OF JANUARY 15, 2020. RECOMMENDATION: Staff recommends approval of the Meeting Minutes of Regular Meetings of January 15, 2020. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: N/A COUNCIL GOAL(S) ADDRESSED: N/A Page 7 January 15, 2020 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City of Rancho Cucamonga City Council held a closed session on Wednesday, January 15, 2020, in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Elisa Cox, Deputy City Manager/Cultural & Civic Services; Lori Sassoon, Deputy City Manager/Administrative Services; Matt Burris, Deputy City Manager/Economic and Community Development. No public communications were made. No discussion or actions were taken. D.1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA). — CITY D.2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: AWI BUILDERS, INC V. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIV DS 1928697 D.3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: NATURAL RESOURCES DEFENSE COUNCIL INC. V. CITY OF RANCHO CUCAMONGA, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIV DS 1937969 D.4. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9 OF THE CALIFORNIA GOVERNMENT CODE: (1 CASE) Exposure consists of claims filed pertaining to the processing and conditioning of an entitlement to expand an existing Montessori School. **DRAFT** January 15, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 1 of 5 D.S. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF CALIFORNIA GOVERNMENT CODE SECTION 54956.9: (1 CASE) Exposure based on letter of complaint received from a former employee. D.6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272-11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND MICHAEL DIEDEN REPRESENTING EMPIRE YARDS AT RANCHO, LLC; REGARDING PRICE AND TERMS. — CITY D.7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) The closed session recessed at 6:25 p.m. The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and the City of Rancho Cucamonga City Council were held on January 15, 2020 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney and Linda Troyan, City Clerk Services Director. Boy Scouts Troop Members Alexander & Finley led the Pledge of Allegiance. Mayor Michael and Members of the City Council presented a Certificate of Adjournment to the Staples Family in memory of Tim Staples, a San Bernardino Sheriff's Department Search and Rescue team member, community member and teacher who passed away while searching for a missing hiker on Mount Baldy. A.1. Presentation of a Proclamation Declaring the Month of January 2020 as "National Mentoring Month". Mayor Pro Tem Kennedy along with Mayor Michael and Members of the City Council presented a Proclamation to Paris Anderson, Big Brothers Big Sisters of the Inland Empire, San Bernardino County Children's Network and Mentoring Task Force declaring the month of January 2020 as "National Mentoring Month". **DRAFT** January 15, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 2 of 5 A.2. Rancho Cucamonga 2019 Safest City Ranking. Jennifer Camacho-Curtis, Community Affairs Officer and Police Chief Donny Mahoney, Rancho Cucamonga Police Department, provided a PowerPoint presentation on a study released by WalletHub, Safest Cities in America, which ranked the City of Rancho Cucamonga number 49 in the US out of 182 cities and number 1 in the Inland Empire. City Council acknowledged the City and Police Department for their continued relationships with the community to improve public safety in Rancho Cucamonga. Janet Walton, offered a prayer. Alex Wechselberger, spoke about and shared information on millennial and college student consumer trends; recommended the City offer student discount incentives. Frank Atry, spoke about rate increases; salary increases; time limits on the public comment period for speakers and traffic accidents in the City. C.1. Consideration of Meeting Minutes: Regular and Special Meetings of December 18, 2019. C.2. Consideration to Approve Bi -Weekly Payroll in the Amount of $1,261,355.50 and Weekly Check Registers (No checks issued to Southern California Gas Company) in the Amount of $355,842.89 Dated December 10, 2019 Through January 06, 2020 and Electronic Debit Register for the Month of November 2019 in the Amount of $471,826.46. C.3. Consideration to Declare Surplus for Retired Computers and Monitors. CA. Consideration of a Professional Services Agreement for a Development Impact Fee Study with NBS Government Finance Group in the Amount of $63,350, Authorization of a 10% Contingency, and Appropriation of $6,600 from the Undergrounding Fund and $6,500 from the Fire Fund. MOTION: Moved by Board Member Spagnolo, seconded by Vice -President Kennedy, to approve Consent Calendar Items C1 through C4. Motion carried unanimously, 5-0. D.1. Consideration of Meeting Minutes: Regular Meetings of December 18, 2019. MOTION: Moved by Agency Member Scott, seconded by Agency Member Hutchison, to approve Consent Calendar Item D1. Motion carried unanimously, 5-0. **DRAFT** January 15, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 5 E.1. Consideration of Meeting Minutes: Regular Meetings of December 18, 2019. MOTION: Moved by Vice Chair Kennedy, seconded by Agency Member Scott, to approve Consent Calendar Item E1. Motion carried unanimously, 5-0. F- CI&VIRFUT F.1. Consideration of Meeting Minutes: Regular Meetings of December 18, 2019 MOTION: Moved by Agency Member Spagnolo, seconded by Agency Member Hutchison, to approve Consent Calendar Item F1. Motion carried unanimously, 5-0 G.1. Consideration of Meeting Minutes: Regular and Special Meetings of December 18, 2019. G.2. Consideration to Approve Bi -Weekly Payroll in the Amount of $2,341,156.46 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $10,377,432.56 Dated December 10, 2019 Through January 06, 2020 and Electronic Debit Register for the Month of November 2019 in the Amount of $490,527.82. G.3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $1,200.54 Dated December 10,2019 Through January 06, 2020. GA. Consideration to Declare Surplus for Retired Computers and Monitors. G.S. Consideration to Accept the Victoria Gardens Cultural Center — Air Wall Replacement Project as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. G.6. Consideration of a Professional Services Agreement for a Development Impact Fee Study with NBS Government Finance Group in the Amount of $63,350, Authorization of a 10% Contingency, and Appropriation of $6,600 from the Undergrounding Fund and $6,500 from the Fire Fund. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Hutchison, to approve Consent Calendar Items G1 through G6. Motion carried unanimously, 5-0, with Council Member Scott abstaining on item G.3., due to her employment with Southern California Gas Company. H. CONSENT ORDINANCES No Items. 1. ADMINISTRATIVE HEARING ITEM No Items. J.1. Consideration to Approve an Amendment to the Community Development Block Grant (CDBG) Annual Action Plan FY 2019/20. **DRAFT** January 15, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 5 City Manager Gillison introduced Hannah MacKenzie, Management Aide, who gave the Staff Report. Mayor Michael opened the Public Hearing item. No public communications were received. Mayor Michael closed the Public Hearing item. MOTION: Moved by Council Member Spagnolo, seconded by Council Member Scott, to approve an amendment to the Community Development Block Grant (CDBG) Annual Action Plan FY 2019/20. Motion carried unanimously, 5-0. K.1. Consideration to Approve an Amendment to the City Manager's Employment Agreement. City Manager Gillison introduced Robert Neiuber, Human Resources Director, who gave the Staff Report and in accordance with Government Code Section 54953(c)(3) summarized the item. MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tem Kennedy, to approve an amendment to the City Manager's Employment Agreement. Motion carried unanimously, 5-0. L.1. COUNCIL ANNOUNCEMENTS None. L.2. INTER -AGENCY UPDATES None. None. Mayor Michael announced that at the December 18, 2019 City Council meeting, the City Council took action to cancel the Regular Meeting of Wednesday, February 5th, 2020 and reschedule it to a Special Meeting at 7:00 p.m. on Wednesday, February 12, 2020 in the City Hall Council Chambers. Mayor Michael adjourned the meeting at 7:56 p.m. in memory of Tim Staples. Approved: Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director **DRAFT** January 15, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 5 of 5 DATE: February 12, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Ivan Rojer, Fire Chief Ruth Cain, CPPB, Procurement Manager SUBJECT: CONSIDERATION TO AWARD A CONTRACT TO K -VAC ENVIRONMENTAL SERVICES FOR HAZARDOUS WASTE REMOVAL, REMEDIATION AND DISPOSAL SERVICES IN AN AMOUNT NOT TO EXCEED $10,000 FOR THE REMAINDER OF FY 2019/2020 AND AN ANNUAL AMOUNT NOT TO EXCEED $10,000 FOR FY 2020/2021 THROUGH FY 2026/2027, CONTINGENT UPON APPROVAL OF THE FY 2020/2021 AND FUTURE BUDGETS. RECOMMENDATION: Staff recommends the Board of Directors award and authorize the execution of a contract for hazardous waste removal, remediation and disposal services with K -Vac Environmental Services, effective April 1, 2020 for a fifteen (15) month term, with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $10,000 for the remainder of FY 2019/2020 and an annual amount not to exceed $10,000 for FY 2020/2021 through FY 2026/2027, contingent upon approval of the FY 2020/2021 and future budgets. The Public Works Services Department (PWSD), the Rancho Cucamonga Fire Protection District (RCFPD), and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. Public Works staff drafted the scope of services to perform incidental hazardous substances or hazardous waste removal; drum remediation and disposal; confined space entry and vacuum tank services on City public right-of-way and on other City or Fire District maintained property, on an as -needed basis. PWSD and RCFPD provided the scope of services to the Procurement Division to prepare a formal Request for Proposal (RFP). The Procurement Division prepared and posted RFP #19/20-021 to the City's automated procurement system. There were one hundred twenty-seven (127) vendors notified; twenty-six (26) prospective bidders downloaded the RFP documentation, and four (4) responses were received. ANALYSIS: An Evaluation Committee consisting of staff from various departments conducted a thorough analysis of the RFP responses and scored and ranked the responsive proposals. K -Vac Environmental Services, of Rancho Cucamonga, California, was determined to be the most responsive contractor providing the best value while meeting the scope of services the specifications required. Therefore, Staff Page 8 recommends the City Council award a contract to K -Vac Environmental Services, effective April 1, 2020 for a fifteen (15) month term, with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $10,000 for the remainder of FY 2019/2020 and an annual amount not to exceed $10,000 for FY 2020/2021 through FY 2026/2027. All applicable solicitation documentation is on file in Planet Bids and can be accessed through the City's website at www.cityofrc.us. An additional $300,000 will be considered separately by the City Council. FISCAL IMPACT: The funding for this contract is within the approved contract services budget line items for FY 2019/20. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal of Enhancing Premier Community Status and Public Safety by ensuring that the City's facilities and public right-of-way are maintained free of hazardous materials. ATTACHMENTS: Description Contract Page 9 RANCHO CUCAMONGA Attachment 1 - Contract CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT CONTRACT HAZARDOUS WASTE REMOVAL, REMEDIATION AND DISPOSAL SERVICES AWARD DATE: Wednesday, February 12, 2020 Page 10 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 12th day of February 2020, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and the Rancho Cucamonga Fire Protection District ("RCFPD") and K -Vac Environmental Services, Inc., a waste disposal company ("Contractor"). RECITALS A. City and RCFPD has heretofore issued its request for proposals to perform the following services: Hazardous Waste Removal, Remediation and Disposal Services (RFP 19/20-021) ("the Project"). B. Contractor has submitted a proposal to perform the services described in Recital "A", above, necessary to complete the Project. C. City and RCFPD 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 and RCFPD hereby engages Contractor to perform all services described in Recitals "A" and `B" above, including, but not limited to Hazardous Waste Removal, Remediation and Disposal Services; all as more fully set forth in RFP 19/20-021, attached hereto as Exhibit A Contractor's proposal, dated November 20, 2019, attached hereto as Exhibit B, and Schedule of Lump Sum and Unit Costs attached hereto as Exhibit C, hereinafter entitled "Scope of Work", and incorporated by reference herein. 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 and RCFPD, the Contractor will promptly meet with City and RCFPD staff to discuss any revisions to the Project desired by the City and RCFPD. 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 PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 1 Page 11 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 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 and RCFPD 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 and RCFPD of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City and RCFPD 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, 2021. No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of six (6) additional years, unless sooner terminated as provided in Section 14 herein. Contractor may request a Cost of living Increase in an amount not to exceed the increase in the March index of the Consumer Price Index All Urban Consumers for the Riverside -San Bernardino -Ontario, California area published by the U.S. Department of Labor, Bureau of Labor Statistics. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City and RCFPD. 3. Compensation. 3.1 Compensation. City and RCFPD shall compensate Contractor as set forth in Exhibit C, provided, however, that full, total and complete amount payable to Contractor shall not exceed $30,000 (Thirty Thousand Dollars) for services during the City and RCFPD fiscal year ending June 30, 2020 and $50,000 (Fifty Thousand Dollars) for the City and RCFPD fiscal year ending June 30, 2021, including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City and RCFPD shall not withhold any federal, state or other taxes, or other deductions. However, City and RCFPD shall withhold not more than ten percent (10%) of any invoice amount PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 2 Page 12 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 and RCFPD shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City and RCFPD monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered 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 and RCFPD shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City and RCFPD 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 and RCFPD. 5. Representatives. 5.1 City and RCFPD Representative. For the purposes of this Agreement, the contract administrator and City and RCFPD's representative shall be William Wittkopf, or such other person as designated in writing by the City and RCFPD ("City and RCFPD Representative"). It shall be Contractor's responsibility to assure that the City and RCFPD 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 and RCFPD to the City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Diana Knifer, C.E.O. 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 and RCFPD 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 and RCFPD. 6. Contractor's Personnel. PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 3 Page 13 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 and RCFPD 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. 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 RCFPD and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD 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 and RCFPD shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City and RCFPD from Contractor as a result of Contractor's failure to promptly pay to City and RCFPD 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 and RCFPD. 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 and RCFPD without restriction or limitation upon its use or dissemination by City and RCFPD. 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 and RCFPD. 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 and RCFPD. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City and RCFPD upon written demand by City and RCFPD for their delivery, notwithstanding any disputes between Contractor and City and RCFPD concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City and RCFPD's reuse of the Work Product for any purpose other than the Project, shall be at City and RCFPD's sole risk. PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 4 Page 14 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City and RCFPD by Section 7. 1, above, the Contractor shall be deemed to grant and assign to City and RCFPD, and shall require all of its subcontractors to assign to City and RCFPD, 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 the maximum extent permitted by law. City and RCFPD 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 PropertX. 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 and RCFPD has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City and RCFPD, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, harmless from any loss, claim or liability in any way related to a claim that City and RCFPD'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 and RCFPD'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 and RCFPD the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City and RCFPD; 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 and RCFPD, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City and RCFPD or otherwise act as an agent of City and RCFPD. Neither City and RCFPD 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 and RCFPD. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City and RCFPD harmless from any and all taxes, assessments, penalties, and interest asserted against City and RCFPD 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 and RCFPD 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 PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 5 Page 15 written authorization by City and RCFPD. City and RCFPD shall grant such authorization if applicable law requires disclosure. All City and RCFPD data shall be returned to City and RCFPD 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 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 87 100) in any decision made by City and RCFPD 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 and RCFPD 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 and RCFPD 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 and RCFPD, 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 RCFPD, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials and RCFPD, (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, PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 6 Page 16 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 and RCFPD'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 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 and RCFPD, or the deposit with City and RCFPD, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subro ag tion. 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. 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 and RCFPD, 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 General Liability Insurance or other form with a general aggregate limit shall PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 7 Page 17 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 and RCFPD. 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 RCFPD and shall not reduce the limits of coverage. City and RCFPD 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, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD 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, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD 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, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials. Any insurance or self-insurance maintained by City, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials shall be in excess of Contractor's insurance and shall not contribute with it. PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 8 Page 18 (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 and RCFPD 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 and RCFPD, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials. (6) Each policy shall be issued by an insurance company approved in writing by City and RCFPD, 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 and RCFPD in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City and RCFPD 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 and RCFPD before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City and PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 9 Page 19 RCFPD 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 and RCFPD in the same manner and to the same extent as Contractor is bound to City and RCFPD 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 and RCFPD relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City and RCFPD might require. City and RCFPD shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City and RCFPD 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 and RCFPD exercises its right to terminate this Agreement, City and RCFPD 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 and RCFPD by reason of such termination, including any claim for compensation. City and RCFPD 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 and RCFPD ten (10) business days prior written notice for any of the following: (1) uncured breach by the City and RCFPD 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 and RCFPD's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the 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 and RCFPD: William Wittkopf City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 10 Page 20 If to Contractor: Diana Knifer, CEO K -VAC Environmental Services, Inc. 8910 Rochester Ave. Rancho Cucamonga, CA 91730 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 and RCFPD'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 hqp://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 and RCFPD, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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 and RCFPD of any payment to Contractor constitute or be construed as a waiver by City and RCFPD 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 and RCFPD shall in no way impair or prejudice any right or remedy available to City and RCFPD 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 PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 11 Page 21 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 and RCFPD. 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. PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 12 Page 22 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: K -VAC Environmental Services, Inc. By: Name Title By: Name Date Date Title (two signatures required if corporation) PSA without professional liability insurance (contractor) Last Revised: 10/02/13 City of Rancho Cucamonga By: Name Date Title Rancho Cucamonga Fire Protection District By: Name Date Title v enaor ininais Page 13 Page 23 ATTACHMENTS • Attachment A — Sample Additional Insured Endorsement, Ongoing Operations • Attachment B — Sample Additional Insured Endorsement, Completed Operations • Attachment C — Sample Waiver of Subrogation PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10102113 Page 14 Page 24 Attachment A — Sample Additional Insured Endorsement, Ongoing Operations POLICY NUMBER:— COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District (RCFPD), Their Officers, Officials, Employees, designated Volunteers and agents serving as independent contractors in the role of City or RCFPD Officials. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II —Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations per- service, maintenance or repairs) to be formed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed, added: or 2. Exclusions This insurance does not apply to ''bodily in- jury" or''property damage" occurring after: CG 20 10 10 01 (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2000 PSA without professional liability insurance (contractor) Last Revised: 10/02113 Page 1 of 1 ❑ Venaor Initials Page 15 Page 25 Attachment B — Sample Additional Insured Endorsement, Completed Operations POLICY NUMBER:— COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District (RCFPD), Their Officers, Officials, Employees, designated Volunteers and agents serving as independent contractors in the role of City or RCFPD Officials. Attn: Public Works 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 Description of Completed Operations: Additional Premium: Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of ''your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations ha- zard". CG 20 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 16 Page 26 Attachment C — Sample Waiver of Subrogation POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District, and their elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COM MERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 17 Page 27 SCOPE OF WORK Scope of Work Contents: • Exhibit A — RFP 19/20-021 • Exhibit B — Contractor's proposal, dated November 20, 2019 • Exhibit C — Unit Costs PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 18 Page 28 RANCHO CUCAMONGA REQUEST FOR PROPOSAL ("RFP") #19/20-021 FOR HAZARDOUS WASTE REMOVEL, REMEDIATION AND DISPOSAL SERVICES ON AN AS NEEDED BASIS City of Rancho Cucamonga Procurement Division 10500 Civic Center Drive Rancho Cucamonga, California 91730 Page 29 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis Table of Contents 1. OVERVIEW....................................................................................................................................... 4 I.I. GENERAL BACKGROUND......................................................................................................................... 4 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS.......................................................................................... 4 1.3. DISCREPANCIES OR OMISSIONS................................................................................................................ 4 1.4. CONTINGENCIES................................................................................................................................... 5 1.5. QUESTIONS AND CLARIFICATIONS............................................................................................................. 5 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION ................................................ 5 1.7. BRAND NAMES.................................................................................................................................... 6 1.8. KNOWLEDGE OF REQUIREMENTS.............................................................................................................. 6 1.9. RESERVATION OF RIGHTS........................................................................................................................ 6 1.10. CALIFORNIA'S PUBLIC RECORDS ACT......................................................................................................... 7 2. MINIMUM REQUIREMENTS.............................................................................................................7 2.1. BUSINESS LICENSE................................................................................................................................. 7 2.2. PREVAILING WAGES.............................................................................................................................. 8 2.3. REPRESENTATIVES.................................................................................................................................8 2.4. EMPLOYEE CONDUCT............................................................................................................................. 9 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS........................................................... 9 3.1. COVER LETTER / INTRODUCTION............................................................................................................ 10 3.2. TABLE OF CONTENTS........................................................................................................................... 10 3.3. EXECUTIVE SUMMARY......................................................................................................................... 10 3.4. EXPERIENCE....................................................................................................................................... 10 3.5. THIRD-PARTY/SUBCONTRACTORS......................................................................................................... 10 3.6. STAFF BIOGRAPHIES............................................................................................................................ 11 3.7. PROPOSAL RESPONSE.......................................................................................................................... 11 3.8. EXHIBITS A THROUGH H....................................................................................................................... 11 3.9. NON -DISCLOSURE CONFLICT OF INTEREST................................................................................................ 11 3.10. PROFESSIONAL SERVICE AGREEMENT...................................................................................................... 12 3.11. ACKNOWLEDGEMENT OF INSURANCE....................................................................................................... 12 Page 2 of 31 Page 30 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 3.12. ADDENDUM ACKNOWLEDGEMENT.......................................................................................................... 12 3.13. DEBARMENT AND SUSPENSION.............................................................................................................. 12 3.14. PARTICIPATION CLAUSE........................................................................................................................ 13 3.15. SIGNATURE OF AUTHORITY................................................................................................................... 13 1.1 COMPANY REFERENCES........................................................................................................................ 13 1.2 LINE ITEM PRICING.............................................................................................................................. 13 4. SCOPE OF SERVICES..................................................................................................................................13 4.1. PURPOSE........................................................................................................................................ 13 4.2. SERVICES....................................................................................................................................... 14 4.3. SCHEDULED SERVICES................................................................................................................... 15 5. EVALUATION AND VENDOR SELECTION PROCESS.................................................................................... 20 5.1. INITIAL SCREENING.............................................................................................................................. 20 5.2. EVALUATION ACTIVITIES....................................................................................................................... 20 5.3. COST EVALUATION.............................................................................................................................. 20 5.4. REFERENCE CHECKS............................................................................................................................. 20 5.5. DEMONSTRATIONS/ INTERVIEWS........................................................................................................... 21 5.6. FINANCIAL DOCUMENTATION................................................................................................................ 21 5.7. BEST AND FINAL OFFER........................................................................................................................ 22 5.8. VENDOR SELECTION............................................................................................................................ 22 5.9. LETTER OF INTENT TO AWARD............................................................................................................... 22 "EXHIBIT A" CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT.......... 23 "EXHIBIT B" PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY ................................................ 24 "EXHIBIT C" ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED......................................................................................... 25 „EXHIBIT D" ADDENDUM ACKNOWLEDGEMENT............................................................................................26 "EXHIBIT E" DEBARMENT and SUSPENSION CERTIFICATION FORM................................................................27 „EXHIBIT F" PARTICIPATION CLAUSE...............................................................................................................28 „EXHIBIT G" SIGNATURE OF AUTHORITY........................................................................................................ 29 „EXHIBIT H" REFERENCES WORKSHEET...........................................................................................................30 Page 3 of 31 Page 31 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 1. OVERVIEW 1.1. GENERAL BACKGROUND The City of Rancho Cucamonga (hereinafter "City") and the Rancho Cucamonga Fire Protection District (hereinafter "RCFPD") is inviting qualified Vendors (hereinafter "Vendor") to submit a proposal response for Request for Proposals ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis in accordance with the minimum Scope of Services and Specifications indicated herein. Vendors wishing to participate in the RFP solicitation must be registered as a Vendor on Planet Bids through the City's website at https://www.cityofrc.us/your-government/procurement. Only those responses received from registered Vendors will be accepted. Responses must be submitted by the named Vendor that has downloaded the RFP, this information is indicated in the bid system and provides the ability to tabulate the responses in accordance to the named Vendors. Submitting a response under a Vendor name that does not appear to be on the Prospective Bidders list will be deemed as non-responsive and disqualify said response from further consideration. 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS Complete RFP responses must be received electronically via Planet Bids prior to the due date and time specified in the below Schedule of Events. Please note, there will be no paper responses accepted. The City and RCFPD shall not be responsible for any delays by transmission errors. Schedule of Events Event Description Date & Time Post RFP October 30, 2019 Questions Due November 18, 2019 Addendum Issued November 21, 2019 RFP Response Due Date November 27, 2019 (The City reserves the right to change schedule of events without prior notice or responsibility to Vendor.) 1.3. DISCREPANCIES OR OMISSIONS Vendors finding discrepancies or omissions in the RFP or having any doubts as to the meaning or intent of any part thereof shall submit such questions or concerns in writing electronically via Planet Bids. The City and RCFPD bears no responsibility for oral instructions or representations. Addenda to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. Page 4 of 31 Page 32 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 1.4. CONTINGENCIES This RFP should not be considered as a contract to purchase goods or services but is a Request for Proposal in accordance with the terms and conditions herein and will not necessarily give rise to a Contract. Completion of this RFP form and its associated appendices are a requirement. Failure to do so may disqualify your RFP response submittal. Vendors must submit signed RFP responses by the due date and time as specified herein. Vendors will be considered non-responsive if the above requirements are not submitted as requested. If only one RFP response is received, the City and RCFPD reserves the right to reject the response and re -bid the RFP. Any scope of services, contingencies, special instruction and/or terms and conditions applicable to this RFP and any purchase order derived thereafter shall be effective as of the issue date of a purchase order for the requested work (the "Effective Date"), and shall remain in full force and effect until sixty (60) days after the City and RCFPD has accepted the work in writing and has made final payment, unless sooner terminated by written agreement signed by both parties. 1.5. QUESTIONS AND CLARIFICATIONS All questions or clarification requests must be submitted directly through the City's bid system no later than the due date and time indicated in the above Schedule of Events. Answers and/or clarifications will be provided in the form of an Addendum and will be posted for download from the City's bid system in accordance with the above "Schedule of Events". From the issuance date of this RFP until a Vendor is awarded, Vendors are not permitted to communicate with any City and RCFPD staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Ruth Cain, CPPB, Procurement Manager, the designated representative of the City of Rancho Cucamonga. 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION All materials submitted in response to the RFP solicitation will become the property of the City and RCFPD and will be returned only at the City and RCFPD's option and at the expense of the Vendor submitting the RFP response. A copy of the RFP response will be retained for official files and become a public record. Any material that a Vendor considers as confidential but does not meet the disclosure exemption requirements of the California Public Records Act should not be included in the Vendor's RFP response as it may be made available to the public regardless of a notation or markings of confidentiality or otherwise. Page 5 of 31 Page 33 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 1.7. BRAND NAMES Any reference to brand names and/or numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified. RFB responses offering equivalent items meeting the standards of quality specified may be considered, unless other specified, providing the RFB response clearly describes the article offered and how it differs from the referenced brand. Unless a Vendor specifies otherwise, it is understood that the Vendor is offering a referenced brand item as specified in the solicitation. The City/RCFPD reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the City/RCFPD may require the supply of additional descriptive material and a sample. 1.8. KNOWLEDGE OF REQUIREMENTS The Vendor shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the RFP response. Failure to examine any documents, drawings, specifications, or instructions will be at the Vendor's sole risk. Vendors shall be responsible for knowledge of all items and conditions contained in their RFP responses and in this RFP, including any City issued clarifications, modifications, amendments, or addenda. The City will provide notice of any changes and clarifications to perspective Vendors by way of addenda to Planet Bids; however, it is the Vendor's responsibility to ascertain that the RFP response includes all addenda issued prior to the RFP due date. 1.9. RESERVATION OF RIGHTS The issuance of this RFP does not constitute an agreement by the City and RCFPD that any contract will be entered by the City and RCFPD. The City and RCFPD expressly reserves the right at any time to: • Waive or correct any defect or informality in any response, RFP, or RFP procedure. • Reject any or all RFPs. • Reissue a Request for RFPs. • Prior to submission deadline for RFPs, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the RFPs. • The City and RCFPD recognizes that price is only one of several criteria to be used in judging a product or service, and the City and RCFPD is not legally bound to accept the lowest RFP response. Page 6 of 31 Page 34 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis • The City and RCFPD reserves the right to conduct pre -award discussions and/or pre -Contract negotiations with any or all responsive and responsible Vendors who submit RFP responses. • Procure any materials, equipment or services specified in this RFP by any other means. • Determine that no project will be pursued. • The City and RCFPD reserves the right to inspect the Vendor's place of business prior to award or at any time during the contract term or any extension thereof, to determine the Vendor's capabilities and qualifications. 1.10. CALIFORNIA'S PUBLIC RECORDS ACT The City and RCFPD complies with the California Public Records Act, Government Code Section 6250 et seq, Public records are open to inspection always during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. Neither an RFP in its entirety, nor proposed prices shall be considered confidential and proprietary. Notwithstanding the foregoing, companies are hereby notified that all materials submitted in response to this RFP are subject to California's Public Records Act. The City and RCFPD's receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by the City and RCFPD or any obligation or duty to prevent the disclosure of any such information except as required by Government Code Section 6253. Companies who submit information they believe should be exempt from disclosure under the Public Records Act shall clearly mark each document as confidential, proprietary or exempt, and state the legal basis for the exemption with supporting citations to the California Code. Pursuant to California Law, if the information is requested under the Public Records Act, the City and RCFPD shall make a final determination if any exemption exists for the City and RCFPD to deny the request and prevent disclosure. The City and RCFPD will withhold such information from public disclosure under the Public Records Act only if the City and RCFPD determines, in its sole discretion, that there is a legal basis to do so. 2. MINIMUM REQUIREMENTS 2.1. BUSINESS LICENSE A selected Vendor awarded a Contract shall be required to obtain a Rancho Cucamonga Business License no later than five (5) business days from notification of award prior to being issued a Purchase Order. A selected Vendor must possess and maintain all appropriate licenses/certifications necessary in the performance of duties required under this RFP and will provide copies of licenses/certifications immediately upon request throughout the term of the Contract. Page 7 of 31 Page 35 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 2.2. PREVAILING WAGES Where labor is required for a public work as a part of any requirement covered by this RFP, pursuant to the provisions of the Labor Code of the State of California and/or the federal Davis -Bacon Act, a selected Vendor(s) shall pay no less than those minimum wages unless an exemption applies. 2.3. REPRESENTATIVES Should a selected Vendor require the services of a third -party to complete the Scope of Services indicated in this RFP, the awarded Vendor will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof. Any attempt by the awarded Vendor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. The awarded Vendor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services including Vendors subcontractor. All Services shall be performed by the awarded Vendor or under the awarded Vendor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law to perform such services. The awarded Vendor 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, Vendor 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. In case of default by the Vendor, the City and RCFPD may take the following actions which shall include but not be limited to; cancellation of any purchase order, procurement of the articles or service from other sources and may deduct from unpaid balance due to the Vendor, or may bill for excess costs so paid, and the prices paid by the City and RCFPD shall be considered the prevailing market prices paid at the time such purchase is made, withholding of payment until final resolution. Cost of transportation, handling, and/or inspection on deliveries, or Vendors for delivery, which do not meet specifications, will be for the account of the Vendor. City and RCFPD Representative: For the purposes of this Agreement, the contract administrator and City and RCFPD's representative shall be Ernest Ruiz, or such other person as designated in writing by City and RCFPD ("City and RCFPD's Representative"). It shall be the Vendor's responsibility to assure that City and RCFPD's Representative is kept informed of the progress of the performance of the services, and the Vendor shall refer any decisions that must Page 8 of 31 Page 36 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis be made by City and RCFPD to City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. Vendor Reoresentative: The response to this RFP shall designate the representative of the Vendor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Vendor's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Vendor's Representative will be a substantial inducement for City and RCFPD to enter into an Agreement with the Vendor. Therefore, the Vendor's Representative shall be responsible during the term of any Agreement for directing all activities of Vendor and devoting enough time to personally supervise the services hereunder. The successful Vendor may not change the Vendor's Representative without the prior written approval of City and RCFPD's Representative. 2.4. EMPLOYEE CONDUCT All Vendor personnel must observe all City and RCFPD regulations in effect at the location where the Services are being conducted. While on City and RCFPD property, the Vendor's personnel shall be subject to oversight by City and RCFPD staff. Under no circumstances shall the Vendor's or Vendor's sub -contractor personnel be deemed as employees of the City and RCFPD. Vendor or Vendor's subcontractor personnel shall not represent themselves to be employees of the City and RCFPD. Vendor's personnel will always make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City and RCFPD and City and RCFPD employees. The Vendor's personnel shall be required to work in a pleasant and professional manner with City and RCFPD employees, outside Vendors and the public. Nothing contained in this RFP shall be construed as granting the Vendor the sole right to supply personal or contractual services required by the City and RCFPD or without the proper City and RCFPD approval and the issuance of a Purchase Order. 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS Completion of this RFP form and its associated Exhibits are a requirement. To be considered responsive and evaluate RFP responses fairly and completely Vendors must comply with the format and submission requirements set out in this RFP, and provide all information requested. Failure to comply with this instruction will deem said RFP response as non-responsive and will not receive further consideration in the evaluation process. If only one RFP response is received, the City and RCFPD reserves the right to discard the response, re -bid or proceed with an RFP review and negotiations. Page 9 of 31 Page 37 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis RFP responses are due on the date and time indicated in the above schedule of events. Submittals shall be submitted electronically via Planet Bids; no paper RFP responses will be accepted. RFP responses must include the information required by this RFP. 3.1. COVER LETTER/ INTRODUCTION RFP responses must include the complete name and address of Vendor and the name, mailing address, and telephone number of the contact person regarding the RFP response. A signature by an authorized representative must be included on each RFP response. Said signature will be considered confirmation of the Vendors ability and willingness to comply with all provisions stated herein. 3.2. TABLE OF CONTENTS The Table of Contents must be a comprehensive listing of the contents included in your RFP response. This section must include a clear definition of the material, exhibits and supplemental information identified by sequential page numbers and by section reference numbers. Each section of the RFP response will be separated by a title page at the beginning of each section. 3.3. EXECUTIVE SUMMARY The Executive Summary shall condense and highlight the contents of the Vendor's RFP response to provide the Evaluation Committee with a broad understanding of the Vendor's approach, proposal, experience and staffing. 3.4. EXPERIENCE The Vendor shall provide a concise statement demonstrating the Vendor's qualifications, experience, expertise and capability to perform the requirements of this RFP. Provide a brief history of your company, including; • The number of years in business, • The firm's service commitment to customers, • If the firm is involved in any pending litigation that may affect its ability to provide its proposed solution or ongoing maintenance or support of its products and services. • A statement as to whether your firm is an individual proprietorship, partnership, corporation, or private nonprofit firm, and the date your company was formed or incorporated. 3.5. THIRD -PARTY/ SUBCONTRACTORS If the Vendor intends to subcontract, a detailed list of any sub -contractors, partners, or third -party Vendors who will be involved in the implementation of the proposed services including but not limited to: • Description of the Vendor's experience with each of the proposed subcontractors, Page 10 of 31 Page 38 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis • Three (3) customer references for each subcontractor to include references names, addresses, and telephone numbers, for products and services like those described in this RFP, • Describe the specific role of each. 3.6. STAFF BIOGRAPHIES Submit the resumes of the individuals who will be performing the services for the City and RCFPD. Resumes shall be formatted in the following order: • Position with the Company, • Length of time with the Company, • Licenses, registrations and certifications as required by law to perform the Scope of Work described herein, • Educational background, • Role in the Project, • Experience with the minimum requirements stated herein, • Work history on similar or like projects with the other municipalities. 3.7. PROPOSAL RESPONSE Under this section Vendors shall provide a full, detailed response to the City and RCFPD's Scope of Services listed herein. Vendors should be as thorough as possible in their response as it may be the only opportunity to convey information regarding your business, ability and qualifications to complete the services needed. 3.8. EXHIBITS A THROUGH H The following named Exhibits A through H are a requirement. All required exhibits must be complete and signed where required and submitted in the bid system under the Response Types, Exhibits A — H. 3.9. NON -DISCLOSURE CONFLICT OF INTEREST Specify any possible conflicts of interest with your current clients or staff members and the City and RCFPD. A signed "Exhibit A, Conflict of Interest and Non -Disclosure Agreement" included herein must be submitted under this section. Page 11 of 31 Page 39 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 3.10. PROFESSIONAL SERVICE AGREEMENT In addition to the acceptance of the City's Terms and Conditions, the successful Vendor will be required to enter into a Professional Services Agreement ("PSA") with the City and RCFPD, a "Sample" of which is attached in the City's bid system for review. All requirements of said PSA must be completed by the successful Vendor and signed by both applicable parties prior to any services being rendered. This RFP sets forth some of the general provisions which may be included in the final PSA. In submitting a response to this RFP, Vendor will be deemed to have agreed to each clause unless otherwise indicated in "Exhibit B, Professional Services Agreement Exceptions Summary" and the City and RCFPD agrees to either accept the objection or deviation or change the PSA language in writing. Failure to raise any objections at the time of this RFP response submittal will result in a waiver of objection to any of the contractual language in the PSA at any other time. The signed Exception Summary shall be included under this section of the RFP response. 3.11. ACKNOWLEDGEMENT OF INSURANCE Vendors must meet all insurance requirements as outlined in the Professional Services Agreement. Ability to comply with said requirements must be indicated with signature of "Exhibit C, Acknowledgement of Insurance Requirements and Certification of Ability to Provide and Maintain Coverages Specified", which must be submitted with the Bid under the Insurance tab. The awarded Vendor will be responsible for providing the required Certificates of Insurance and must be the Named Insured on the Certificates. Certificates of Insurance from any other entity other than the awarded Vendor, will not be accepted. 3.12. ADDENDUM ACKNOWLEDGEMENT The Vendor shall hereby acknowledge they have received all posted Addendums, if any. It is the Vendor's responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Addenda issued in correspondence to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. Vendors must indicate their acknowledgement of any Addendums by way of signature on "Exhibit D, Addendum Acknowledgement" and must be included under this section of the RFP response. 3.13. DEBARMENT AND SUSPENSION Bidding Vendors must verify by way of signature to "Exhibit E, Vendor Certification Form" that they are not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California. The signed exhibit must be included under this section of the RFP response. Page 12 of 31 Page 40 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 3.14. PARTICIPATION CLAUSE Vendors shall provide a completed "Exhibit F, Participation Clause", must be included with the Vendors RFP response. This will indicate a Vendors agreement to or not to allow other entities to utilize the RFP response and awarded contract as a piggyback option. 3.15. SIGNATURE OF AUTHORITY "Exhibit G", Signature of Authority must be included with the Vendor RFP response. Unsigned RFP responses will not be accepted. The Signature of Authority declares that the Vendor has carefully examined the instruction indicated herein including all terms and condition and specifications, and hereby proposes and agrees, if the Vendors RFP response is accepted, Vendor agrees to furnish all material in accordance with the instruction and specifications in the time and manner prescribed for the unit cost amounts set forth in the Vendors RFP response. 3.16. COMPANY REFERENCES Provide a minimum of four (4) references, preferably with other municipalities in which similar services are being performed. References must be for work performed or completed within the past three (3) years. "Exhibit H, Reference Worksheet", must be complete and uploaded into the Planet Bid system under the "Response Type" section identified as "Exhibit H". While the Reference Worksheet accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the "Response Type" section in Planet Bids. 3.17. LINE ITEM PRICING Line item pricing for this RFP must be provided directly in the Planet Bids system under the "Line Items" tab. This pricing is not an estimate and is firm fixed price for each item listed. Vendors pricing quotes outside of the pricing listed in Planet Bids under the "Line Items" tab will not be accepted or considered for award. Any additional cost required should be noted in the additional cost line item and a summary of the cost provided in the notes section of the line item. While Line item pricing accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the "Line Item" tab in Planet Bids. The City and RCFPD will not be obligated to any estimated pricing or pricing not identified in the "Line Item" tab in Planet Bids. Failure to provide the required Line Item pricing in the required format will cause Vendors RFP response to be considered as non-responsive and be eliminated from proceeding any further in the process. Any questions or clarifications regarding how to correctly submit Line Item pricing should be submitted by the "Questions Due" date and time indicated in the schedule of events. gM141912411111&1".0["1 4.1. PURPOSE Page 13 of 31 Page 41 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis The City and RCFPD's goal are to partner with qualified, responsible firm to perform incidental hazardous substances or hazardous waste removal; drum remediation and disposal; confined space entry and/or vacuum tank services on City and RCFPD public rights -of- way and on other City and RCFPD maintained property, on an as -needed or emergency basis (the Services). Proposals submitted in response to this RFP shall comply with the minimum requirements of this RFP. In addition, any changes to the following Services standards during the performance of the Services must be approved by the City and RCFPD Representative prior to the Contractor's application of the changes. The following specifications detail the City and RCFPD's minimum requirements for performance of this Contract. For the purposes of this contract, the term "waste" shall mean all of the following: hazardous substances, hazardous waste, biohazardous waste, medical solid waste, sharps waste, homeless encampments, and human waste. A waste type will be specifically noted if additional requirements must be met for that waste type. The word "hazardous waste" has been used to mean collectively all California Title 22, and California Health and Safety Code regulatory definitions of "hazardous waste", "recyclable waste", and "universal waste". 4.2. SERVICES The Services include the proper containment, transportation and disposal of all waste generated and collected in performance of the incidental hazardous waste removal, including all wash water/waste water and all related constituents, which are likely to include cleaning/disinfectant products and biohazardous materials on City and RCFPD-owned property and rights of way. At the City and RCFPD's direction, Contractor shall also undertake additional associated services that are necessary to successfully accomplish the Services, such as, but not limited to, posting of no parking signs prior to performing the services, traffic control and barricading an area off to protect the public while completing the services. The Services may occur Citywide or on any property owned or maintained by the City and RCFPD. During performance of the Services, Contractor shall not cause any non -storm water discharges to the City's municipal separate storm sewer system (MS4). Contractor shall adhere to storm water best management practices to the greatest extent possible. Any discharge to the MS4 shall be controlled, contained and captured. Contractor is responsible for providing all labor, materials, supplies, equipment, permits, documentation, containers, and transportation/disposal necessary to successfully perform the Services. Contractor shall obtain the City and RCFPD's consent as to the type of disinfectant product that Contractor will use to perform the Services. Any variations from the disinfection process and chemicals provided in the instructions in Attachment Al must be pre -approved by the City and RCFPD prior to implementation. Upon completion of services Contractor shall provide the City and RCFPD Representative with a job ticket to include labor, equipment and materials used. Page 14 of 31 Page 42 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 4.3. SCHEDULED SERVICES Contractor shall perform any scheduled services during normal working hours between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, excluding recognized City and RCFPD. Services shall be scheduled with the City and RCFPD Representative. a. Non -Emergency, As -Needed Services ("Spot" Clean -Up) Contractor shall perform any as -needed scheduled or unscheduled spot cleaning at the City and RCFPD's direction between the hours of 7:00 a.m. to 5:00 p.m., unless the City and RCFPD requires as -needed Services outside these hours. Contractor's initial responder for a non -emergency must be on site within two -hours of initial contact and work with the City and RCFPD's Representative or designee, as to location and pertinent circumstances involved at location. The Contractor's initial responder shall be responsible for providing an estimated break -down of required staffing, equipment and completion time for the as needed work to be completed. Upon being notified by the City and RCFPD, Contractor is to dispatch unit to complete the needed work. Contractor agrees to dispatch sufficient forces and equipment to furnish all labor, materials, equipment, supplies, and vehicles to provide unscheduled or emergency services necessary to identify, disinfect, contain, collect, clean up and remove all Wastes, and other materials, spilled, abandoned, or seized, including the removal of all wash water used to clean contaminated surfaces. All such action shall be completed to the City and RCFPD's satisfaction. The Contractor will have staff on call during normal business hours to receive requests for services. Requests for services may be requested outside of normal business hours depending on needs of the City and RCFPD. These requests are not to be considered "emergency" requests if scheduled in advance. b. Emergency, As -Needed Services ("Spot" Clean -Up) Contractor shall perform any as -needed emergency spot cleaning at the City and RCFPD's direction 24 -hours, 7 days a week. Contractor's initial responder for an emergency must be on site within one-hour of initial contact with the City and RCFPD's Representative or designee, as to location and pertinent circumstances involved at location. The Contractor's initial responder shall be responsible for providing an estimated break -down of required staffing, equipment and completion time for the as needed work to be completed. Upon being notified by the City and RCFPD, Contractor is to dispatch unit to complete the needed work. Contractor agrees to dispatch sufficient forces and equipment to furnish all labor, materials, equipment, supplies, and vehicles to provide unscheduled or emergency services necessary to identify, disinfect, contain, collect, clean up and remove all Wastes, and other materials, spilled, abandoned, or seized, including the Page 15 of 31 Page 43 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis removal of all wash water used to clean contaminated surfaces. All such action shall be completed to the City and RCFPD's satisfaction. The Contractor will have staff on-call afterhours to receive requests for services. c. Labor The fixed hourly rate shall be all-inclusive of all related costs that the Contractor will incur to provide non- emergency and emergency as -needed services, including, but not limited to: employee wages and benefits; clerical support; overhead; profit; licensing; insurance; materials; supplies; tools; equipment; telecommunications; document copying; etc. Man-hours paid under this contract shall be only for productive hours at the job site. Time spent for transportation of workers, material acquisition, handling and delivery, or for movement of Contractor owned or rental equipment is not chargeable directly but is overhead and the cost shall be included in the hourly rate. The regular hourly rate for labor shall be paid for all hours worked during the City and RCFPD's regular working hours from 7:00 a.m. to 5:00 p.m. The overtime labor rate shall be paid for work completed at times other than regular working hours, including City and RCFPD holidays. Contractor must have prior verbal and/or written approval to work outside normal business hours. d. Specific Regulations Applicable to the Services Contractor shall assume full responsibility for compliance with all applicable state, federal and local laws and regulations, including but not limited to laws and regulations pertaining to Waste transport and Waste disposal. All Waste transport and Waste disposal must be conducted in compliance with: • 40 CFR Part 263 - Standards Applicable to Transporters of Hazardous Waste • 49 CFR Subtitle B, Chapter I - Pipeline and Hazardous Materials Safety Administration, Department of Transportation • California Code of Regulations (CCR), Title 22, Division 4.5, Chapter 13 — Sections 66263.10 - 66263.50: Standards Applicable to Transporters of Hazardous Waste • California Health and Safety Code Division 20, Chapter 6.5, Article 6: Transportation • California Health and Safety Code Division 20, Chapter 6.5, Article 6.5: Hazardous Waste Haulers • California Health and Safety Code Sections 117600-118360. Medical Waste Management Act e. Storage and Management of Hazardous Substances, Hazardous Wastes and Biohazardous Wastes Contractor shall handle all Waste and specifically hazardous substances, hazardous wastes, biohazardous wastes, or items, and equipment containing hazardous substances, or hazardous wastes in a manner that minimizes the possibility of a release. Contractor shall store all hazardous substances, hazardous waste, and biohazardous wastes that are collected under this Contract in a compliant, compatible, and closed container Page 16 of 31 Page 44 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis with a legible completed label identifying the contents. Contractor shall utilize the most cost-effective container sizes permitted in the regulations. Contractor shall ensure that all Waste containers and their labels are properly completed and in compliance with all applicable regulations, prior to transportation of the Waste containers to a Treatment, Storage and Disposal Facility (TSDF). Contractor shall take possession of the containerized Waste including hazardous waste and biohazardous waste, load the containerized Waste onto Contractor's vehicle(s), transport the Waste to an approved, licensed TSDF, and properly dispose of the Waste. f. Waste Packaging and Labeling Contractor shall use containers to package hazardous waste that are compatible with the waste (in accordance with Title 22, California Code of Regulations, Section 66265.172), maintained in good condition (in accordance with Title 22, California Code of Regulations, Section 66265.171), and kept closed unless Contractor is in the process of adding or removing waste (in accordance with Title 22, California Code of Regulations, Section 66265.173). Contractor shall ensure that any packaging used to store or transport hazardous waste off-site, complies with Title 49, Code of Federal Regulations, Parts 173, 178, and 179, and that the packaging is labeled and prepared for transportation in accordance with Title 22, California Code of Regulations, Article 3. Contractor shall ensure all biohazardous waste is packaged, stored, transported and disposed of in accordance with the California Health and Safety Code Sections 117600-118360. Contractor shall ensure a hazardous waste label is affixed to the packaging and filled out at the time when a hazardous waste or substance is first placed in the packaging. The label at a minimum shall include the generator information, contents of the container, physical state and hazardous properties of the waste, and the initial accumulation date. If a specific project exceeds seven (7) calendar days in length, Contractor shall maintain an inventory of hazardous waste containers that identifies each waste container and its accumulation start date. Contractor shall use a numbering system to identify each hazardous waste container and shall mark each container with a unique identification number. Contractor shall perform additional pre -transportation labeling and marking prior to transporting hazardous waste and biohazardous waste off-site, in accordance with Title 22, California Code of Regulations, Chapter 12, Article 3 and Title 49, Code of Federal Regulations. Page 17 of 31 Page 45 EN City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis Hazardous Waste Documentation Contractor shall notify the City and RCFPD when hazardous waste or biohazardous waste has been generated. The City and RCFPD shall review and approve of any hazardous waste profile created. The City and RCFPD shall sign any disposal documentation prior to transporting from the generation location, unless the City and RCFPD specifically authorizes the Contractor to sign the disposal documents on the City and RCFPD's behalf. This authorization will be provided on a case by case basis. Contractor shall provide the City and RCFPD with a copy of all transportation documents (i.e. hazardous waste manifest, land disposal restrictions) at the time when the waste is removed from the site of generation. Contractor shall submit to the California Department of Toxic Substance Control (DTSC) a legible copy of each Hazardous Waste Manifest (HWM) generated for the Services under this Contract, within thirty (30) calendar days of the date of Contractor's pick up of the hazardous waste referenced in the HWM. h. Acceatable Transaorters and Disaosal Facilities Contractor shall transport the hazardous waste and biohazardous waste serviced under this Contract only to a California licensed Treatment, Storage, and Disposal Facility (TSDF). Contractor shall only utilize transporters and interim and final disposal facilities that are in good regulatory standing. All transporters, storage facilities, treatment facilities, incinerators, Class I landfills and all other disposal facilities used to provide services under this Contract shall be properly licensed and in compliance with all applicable local, state, and federal hazardous waste, laws, ordinances, codes and regulations at all times. Contractor may only use a TSDF located outside of California with the prior written permission of the City and RCFPD. All TSDFs that are located outside California must meet the same or higher regulatory standards for the processing and disposal of hazardous waste and for environmental compliance as required by the State of California. A listing (name, address, phone number, EPA identification number) of all TSDFs to be used for this contract shall be provided to the City and RCFPD, for approval, prior to disposing of any hazardous waste or biohazardous waste. i. Safety Requirements All work performed under this Contract shall be performed in such a manner as to provide maximum safety to the public and employees, and shall comply with all safety provisions and regulations, including CAL OSHA requirements. Contractor shall have an injury/illness program as required by CAL OSHA, if applicable, and ensure Page 18 of 31 Page 46 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis the proper labeling of containers. The City and RCFPD may stop project activities if unsafe or harmful acts in connection with Contractor's services are observed or reported to the City and RCFPD. Contractor shall provide Personal Protective Equipment (PPE) to Contractor's staff as necessary to safely perform the Services. PPE shall be properly used at all times. j. Training Contractor's staff performing the Services shall have the requisite training, certifications, knowledge, experience, skills, and abilities to properly perform the Services including, but not limited to, all those required to properly and lawfully handle pesticides and load, store, transport, and dispose of hazardous wastes and biohazardous wastes under this Contract. Contractor shall ensure that Contractor's staff performing the Services are trained in the safe and proper handling of hazardous wastes and are capable of emergency response and cleanup of hazardous waste spills in accordance with OSHA and California Code of Regulations Title 22 mandates. Contractor shall ensure their staff is trained on safety requirements, including relating to Safety Data Sheets for all chemicals used for this Contract, Blood Born Pathogen, Personal Protective Equipment, and Injury/Illness Program as required by CAL OSHA, Title 8, Sections 3203, 1926.59, and 5193. Upon the City and RCFPD's request, Contractor shall provide certification that cleaning personnel assigned to the Contract have received this training. All training shall be provided at the sole expense of the Contractor. k. Equipment, Vehicles and Materials Contractor shall maintain, repair, replace, and otherwise ensure that all equipment, vehicles, supplies, and materials necessary to timely perform the Services are stocked and maintained in operational order and ready to serve the City and RCFPD when needed at no additional expense to the City and RCFPD. I. Licenses and Registrations Contractor shall possess and, upon the City and RCFPD's request, provide copies of all licenses, permits, certifications, registrations, and other qualifications required by local, state, and federal law to collect, transport, store and dispose of hazardous wastes and biohazardous waste; and shall notify the City and RCFPD within seven (7) calendar days if any of these requirements are not met during the term of this Contract. Contractor shall ensure their subcontractors are in conformance with these provisions. Contractor's transport vehicles shall comply with all applicable local, state, and federal transporter requirements including, but not limited to, the requirements of the California Department of Transportation (D.O.T.), and the California Department of Toxic Substances Control (DTSC). Contractor shall ensure their subcontractors are in conformance with these provisions. Page 19 of 31 Page 47 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 5. EVALUATION AND VENDOR SELECTION PROCESS 5.1. INITIAL SCREENING All RFP responses will undergo an initial review to determine responsiveness to the instructions herein. Those RFP responses initially determined to be responsive by meeting the RFP requirement as indicated herein will proceed to the next phase of the evaluation process. 5.2. EVALUATION ACTIVITIES RFP responses deemed as having met the standard RFP requirements as indicated herein are then evaluated by an Evaluation Committee. The RFP submittals are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score. The following criteria have been assigned percentages that the criteria will be scored against, based upon but not limited to the following evaluation criteria factors: rritPria Criteria Description Assigned Percentage Vendor Expertise 15% Quality of proposed services or goods 15% Extent to which the Vendors services or goods meet the City and RCFPD's needs 15% Cost 55% 5.3. COST EVALUATION Cost Proposals are evaluated and scored based on the following calculations; Score = Lowest Proposal Cost / Cost of Proposal being scored X Maximum Points Available (10) The score is then added to the spreadsheet criteria scores. 5.4. REFERENCE CHECKS If determined to be required reference checks are conducted by the Procurement Division and the requesting department may or may not be present during the process. The reference checks may be conducted by phone Page 20 of 31 Page 48 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis with the information being scribed or conducted by a written form, submitted to the Vendor's reference contact. Reference contacts will be asked several predetermined questions for response and to provide a score from one (1) to ten (10), ten being the highest. Scores are then tabulated and added to the spreadsheet with the criteria scores. It is imperative that Vendors provide up to date and accurate information regarding contact information for reference checks. All scores are then tabulated into the final Vendor ranking. Evaluators do not see the Vendor References or pricing line items. The proposed pricing is evaluated by the Procurement Division during the initial review of the RFP response, only to ensure that the proposed cost is not over the City and RCFPD's budgeted amount or Not -to -Exceed amount for the project. 5.5. DEMONSTRATIONS/ INTERVIEWS Upon completion of the RFP evaluations and data analysis, and only if necessary, selected top ranked Vendors will be provided an opportunity to interview and conduct a demonstration or presentation to further expand on their RFP response. Vendor interviews/demonstrations are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score, based upon but not limited to the evaluation criteria factors as stated within the RFP. 5.6. FINANCIAL DOCUMENTATION Vendors that proceed to the short-list may be required to submit financial documentation as proof of its firm's financial stability and strength. A financial review will be conducted by the City Finance Department. Should a Vendor wish for its financial documentation to be treated as proprietary or be returned upon completion of the review, the documentation must clearly be marked as such. The following documentation will be required of each Vendor on the short-list: • A copy of the Vendor's most recent annual report. • Audited (by a third party), balance sheets and income statements for the past three (3) years. • If audited data is not available, Vendor shall submit copies of complete tax returns for the past three (3) years. • Describe any regulatory censure and past or pending litigation related to services provided by the Vendor. • Indicate all applicable information regarding Vendor ownership changes in the last three (3) years. Page 21 of 31 Page 49 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 5.7. BEST AND FINAL OFFER Upon completion of Vendor presentations, the City and RCFPD reserves the right to conduct pre -award discussions and/or pre -contract negotiations with all or only top ranked Vendors. At which time the City and RCFPD may request a Best and Final Offer to be submitted from one or all finalists. 5.8. VENDOR SELECTION The final Vendor selection is based on which Vendor is the most responsive, meeting the City and RCFPD's requirements, offering the best value at the most competitive price. The City and RCFPD is not obligated to award to the lowest price proposal. The City and RCFPD may conduct negotiations with several Vendors simultaneously. The City and RCFPD may also negotiate contract terms with the selected Vendors prior to award. The City and RCFPD, at its sole discretion, reserves the right, unless otherwise stated, to accept or reject all or any RFP responses, or any part thereof, either separately or to waive any informality and to split or make the award in any manner determined to be in the best interest of the City and RCFPD. 5.9. LETTER OF INTENT TO AWARD After a final Vendor selection is determined, a Letter of Intent to Award (LOI) will be posted for review by all participating, responsive Vendors. Negotiations shall be confidential and not subject to disclosure to competing Vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully, City and RCFPD may negotiate a contract with the next highest scoring Vendor or withdraw the RFP entirely. Page 22 of 31 Page 50 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT A" CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT It is the policy of the City and RCFPD to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City and RCFPD Contracts, including, but not limited to Contracts for Professional Services Agreements ("PSA") with potential Vendors. I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis. I agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any RFP response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any RFP response, or removal of same from designated areas. I, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein. (Print Name) (Relationship to the City and RCFPD) (Relationship to the Vendors) (Signature) (Date) Must be included in final RFP submittal. Page 23 of 31 Page 51 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT B" PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY Mark the appropriate choice, below: •M Vendors accepts the PSA without exception. Vendors proposes exceptions to the PSA. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as "Exception Summary", which shall include the Vendors' rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submitted summary may deem the response as non-responsive. Signature Printed Name Title Date Must be included in final RFP submittal. Page 24 of 31 Page 52 I City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT C" ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED the (President, Secretary, Manager, Owner or Representative) of , certify that the (Name of Company, Corporation or Owner) Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis have been read and understood and that our Vendors is able to provide and maintain the coverage as specified in the PSA. Failure to Drovide said coverage, uaon reauest to finalize the PSA Drior to award shall be enough cause for immediate disqualification of award. Failure to maintain said coverage shall result in termination of the contract. Signature Printed Name Title Date Must be included in final RFP submittal. Page 25 of 31 Page 53 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT D" ADDENDUM ACKNOWLEDGEMENT The Vendors hereby acknowledges the following Addenda Number(s) to this RFP have been received, if any. Vendors understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Vendors' responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Signature Printed Name Title Date Must be included in final RFP submittal. Page 26 of 31 Page 54 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT E" DEBARMENT and SUSPENSION CERTIFICATION FORM I certify that neither (Vendor) nor any of its proposed subcontractors are not currently listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Vendors or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Vendors or any of its subcontractors subsequently become delinquent in California taxes, our Proposal will be disqualified. Signature Printed Name Title Date Must be included in final RFP submittal. Page 27 of 31 Page 55 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT F" PARTICIPATION CLAUSE It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price for a period of days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy -back awards will be made independently by each agency, and the City and RCFPD is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy -back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Vendors. Successful Vendors will extend prices as proposed herein to other governmental agencies, please specify. Must be included in final RFP submittal. Page 28 of 31 Page 56 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT G" SIGNATURE OF AUTHORITY The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following RFP response. THE VENDOR IN SUBMITTING THIS RFP RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR RFP RESPONSE AS NON-RESPONSIVE. Company Name: Address: (Street, Su. # City, State, Zip) Telephone #: Fax #: E-mail address: Web Address: Authorized Representative: (print) Title: Signature: Date: Must be included in final RFP submittal. Page 29 of 31 Page 57 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT H" REFERENCES WORKSHEET The following References Worksheet must be complete, please do not mark "See Attached". Provide a minimum of four (4) clients that are similar in size to the City of Rancho Cucamonga that your company has conducted comparable or like services. Preferred references should be government agencies and be a current customer within the past three (3) years. Please verify accuracy of contact information. Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Reference 1 Reference 2 Page 30 of 31 Page 58 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Reference 3 Reference 4 Page 31 of 31 Page 59 t-1 O ceu:909-476-2308 ® info@kvacenv.com ® Fax: 909-476-2408 @ kvacenv com O PO Box 1505 Rancho Cucamonga, CA 91729 ENVIRONMENTAL S4UDGE? November 20, 2019 Re: City of Rancho Cucamonga RFP #19/20-021— Hazardous Waste Removal, Remediation and Disposal Services on an As Needed Basis To Whom it May Concern; K -VAC Environmental Services, Inc. (KVAC) is pleased to submit the attached proposal in response to The City of Rancho Cucamonga's Request for Proposal (RFP) #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services on an As Needed Basis. KVAC has reviewed the RFP and thoroughly understands the content and needs required by the City of Rancho Cucamonga. Based on the four evaluation criteria factors itemized in Section 5.2 of the RFP, KVAC will demonstrate that their fundamental objectives and philosophy in hazardous waste management is similar to that of the City of Rancho Cucamonga and thereby the overall best contractor to service the needs of the City. 1. Expertise. KVAC Environmental Services, Inc. is a certified, women -owned, small business engaged in full service environmental management of hazardous and non -hazardous waste. KVAC is committed to providing the highest quality service to all our clients. Our technical expertise, depth of resources, and financial strength provides responsive, high quality, compliant and innovative services tailored to meet the various and unique needs required by the City of Rancho Cucamonga. Our greatest asset is our ability to listen, comprehend, and respond to the specific needs of our clients, applying our individual years of experience, teamwork and commitment to service our clients with integrity and honesty, offering the highest quality solutions possible. These attributes have resulted in steady growth, allowing KVAC to expand by adding the most experienced personnel, new innovative equipment, and expand our fleet and transportation services. KVAC Environmental Services, Inc. is comprised of experienced, professional individuals who have extensive regulatory knowledge, education, training and hands on field experience to properly handle hazardous waste in a safe, compliant, efficient, and cost effective manner. Among our professional staff are; two degreed chemists with over 40 cumulative years of experience, transportation managers, customer service representatives, health and safety professionals, project managers, hazardous waste drivers, and highly trained technicians. KVAC Environmental Services, Inc. has been the contractor for the California Department of Toxic Substances Control (DTSC)for the past three years and have just received the current contract for an additional three years. The DTSC contract covers San Bernardino, Riverside, San Diego and Imperial counties for the remediation of off-highway spills, illegal dumpings and the remediation of clandestine drug labs. Page 60 ■ O w:909-476-2308 ® info@kvacenv.com ® Fax: 909-476-2408 ® kvacenv.com p PO Box 1505 Rancho Cucamonga, CA 91729 9"St 1 In addition to DTSC, KVAC Environmental Services, Inc. has performed numerous emergency response remediation activities for; Southern California Gas Company, Environmental Protection Agency, California Department of Food and Agriculture, and the City of Rancho Cucamonga to name a few. Quality of Proposed Services. KVAC takes great pride in the creative solutions they have developed when understanding the needs and concerns of our clients. With an in-house fabrication shop, we have been able to create and develop a variety of innovative solutions which ultimately reduce labor and excessive equipment costs for our clients. KVAC is constantly evaluating and adapting personnel and equipment to better service the needs of our customers. For example, KVAC had a customer who needed an elevator shaft which filled with water and oil pumped out and properly disposed. The pit was located in the basement of a parking structure. The'previous contractor brought out a large vacuum truck and used multiple links of hose blocking and obstructing the parking areas on multiple floors. KVAC's fabrication shop created a self-contained, skid mounted, vacuum unit and holding tank that fits on the back of a pick-up truck. Since it is compact, it clears the low overhead of a parking garage, can drive right up to the pit, pump out the liquid and contain the liquid without stopping or blocking the parking traffic within the structure. The job was completed in half the time with less labor. Another, unique piece of equipment developed by KVAC is a pressure wash unit that has no over -spray and the liquid is pumped as you go so there are no pools of liquid or flooding when pressure washing a parking lot, garage, walkway, etc. 3. Extent to which KVAC services meet the needs of the City. KVAC Environmental Services, Inc. is fully committed to meet the hazardous waste removal, remediation and disposal services required by the City of Rancho Cucamonga per RFP #19/20- 021. KVAC is not just a business located within the City of Rancho Cucamonga, but the owners of KVAC have resided within the City for numerous years and are avid supporters of Rancho Cucamonga Fire Department. KVAC has sponsored various training exercises with the local Fire Department and other community organizations. KVAC Environmental Services, Inc. maintains a fleet of eco -friendly, hazardous waste licensed vehicles including; vacuum trucks, roil -off units and bins, vactors, dry vans, stake bed trucks, and emergency response vehicles. KVAC Environmental Services, Inc. currently has over 90 highly trained, experienced personnel to handle a wide array of hazardous and non -hazardous chemical incidents including; fuel spills, illegal dumpings, multi -chemical lab packs, confined space entries, clandestine labs, homeless encampment clean-ups, industrial cleanings, and so Page 61 ■ ENVIRONMENTAL much more. O ceii:909-476-2308 ® mfo@kvacenv.com ® Fax:909-476-2408 O kvacenv com p PO Box 1505 Rancho Cucamonga, CA 91729 KVAC Environmental Services, Inc. is fully committed to assist the City of Rancho Cucamonga with any hazmat situation in a safe and compliant manner which protects our employees and the community of Rancho Cucamonga. 4. Cost Reduction. Through KVAC's experience, innovation, and resourcefulness, we have found numerous ways to reduce costs for our clients without jeopardizing the regulatory aspects of handling hazardous waste. We will not use unapproved or improperly rated containers to package waste to save a few dollars which then puts our customers in non-compliance with the EPA or DOT. All waste will be segregated, packaged, labeled, and transported to properly permitted disposal facilities. By aligning with multiple reputable disposal facilities, KVAC is able to obtain the most cost effective disposal options. We are not affiliated or committed to a single Treatment, Storage or Disposal Facility (TSDF). If a disposal facility should raise or lower their prices, KVAC is positioned to exercise the option of using an alternative site. This allows for the most economical disposal options for the City of Rancho Cucamonga. KVAC Environmental Services, Inc. appreciates the opportunity to submit the enclosed proposal. We wish to thank you in advance for your review and consideration. Should you have any questions or require additional information, please feel free to contact KVAC at; Corporate Office (Physical Address): K -VAC Environmental Services, Inc. 8910 Rochester Avenue Rancho Cucamonga, CA 91730 Mailing Address: K -VAC Environmental Services, Inc. P.O. Box 1505 Rancho Cucamonga, CA 91729 Equipment Yard (Physical Address): K -VAC Environmental Services, Inc. 8615 Pecan Avenue Rancho Cucamonga, CA 92335 RFP Contact Person: Rodney Townsend (909) 476-2308 office (909) 815-3468 cell Rodney.townsend(@kvacenv.com Page 62 O ceii: 909-476-2308 ® info@kvacenv.com ® Fax 909-476-2408 @ kvacenv com p PO Box 1505 Rancho Cucamonga, CA 91729 4 1 the cianat„re halnw k cnnfirmation of KVAC Environmental Services, Inf.'s ability and willingness to :ed in RFP #19/20-021. C. Page 63 City of Rancho Cucamonga RFP#19/20-021 TABLE OF CONTENTS page i. COVER PAGE 1 ii. TABLE OF CONTENTS 5 SECTION 1— EXECUTIVE SUMMARY 1.1 KVACs Approach 7 1.2 KVACs Proposal 7 1.3 KVACs Experience 7 1.4 Staffing 8 SECTION 2 — EXPERIENCE Exhibit D 2.1 Qualifications 10 2.2 Project References 10 2.3 Company History 13 SECTION 3 —SUBCONTRACTORS 17 SECTION 4 — STAFF BIOGRAPHIES 4.1 Resumes 19 SECTION 5 — PROPOSAL RESPONSE 5.1 Emergency Services 21 5.2 Emergency Contact Information 21 5.3 Employee Training 22 5.4 Containment and Counter Measures 24 5.5 Packaging and Marking 24 5.6 Stabilization and Removal 24 5.7 Disposal 24 5.8 Licenses/Certifications 24 Appendices: Appendix A — RFB Exhibits Exhibit A Conflict of Interest and Non -Disclosure Agreement Exhibit B Professional Services Agreement Exhibit C Acknowledgement of Insurance Requirements and Certification of Ability to Provide and Maintain Coverage Specified Exhibit D Addendum Acknowledgement Exhibit E Vendor Certification Form Exhibit F Participation Clause Exhibit G Signature of Authority Exhibit H Reference Worksheet Page 64 City of Rancho Cucamonga RFP#19/20-021 Appendix B — Line Item Pricing Appendix C — Permits and Licenses Appendix D — Resumes of Key Personnel Page 65 City of Rancho Cucamonga RFP#19/20-021 SECTION 1— EXECUTIVE SUMMARY Page 66 City of Rancho Cucamonga RFP#19/20-021 SECTION 1— EXECUTIVE SUMMARY Page 67 City of Rancho Cucamonga RFP#19/20-021 SECTION 2 — EXPERIENCE Page 68 City of Rancho Cucamonga RFP#19/20-021 SECTION 2 — EXPERIENCE 2.1 Qualifications KVAC is a California Corporation and a certified woman -owned small business. KVAC Environmental Services, Inc. has been responding and remediating emergency response incidents since its inception in 1997. Since that time, KVAC has continuously added experienced personnel with a vast knowledge and experience in handling hazardous and non -hazardous waste including emergency situations. KVAC has responded to numerous incidents for DTSC, EPA, Cal Trans, ERTS, PSC Environmental, United Parcel Service, City of Rancho Cucamonga, and other major companies and municipalities. In addition, KVAC Environmental Services, Inc. is listed in a majority of our client's CUPA Emergency Response/Contingency Plans as the primary emergency response contractor. 2.2 Project References KVAC Environmental Services, Inc. submits the following Project References as a sampling of our emergency response experience and versatility 2.2.1 MTNA Group Orca Systems (IFCO Facility) —Nitric Acid Spill Name of Client: MTNA Group Orca Systems Contact: Richard Aguilar Phone: (909) 484-4332 Date(s) of Project: 12-28-15 Project Cost: $11,895.00 Location of Spill: IFCO Facility 8950 Rochester Avenue, Suite 150 Rancho Cucamonga, CA 91730 Cause of spill: An employee at IFCO was transferring Nitric Acid from a 55 gallon drum into a smaller container. Upon completing the transfer, the employee looped the hose over the pump which was still inserted in the open bung of the drum. The employee left the area. A siphon had been created by the hose and pump so the Nitric Acid continued to flow and flooded the storage area. Orange fumes were generated when the Nitric Acid came in contact with the metal storage racks. The building was evacuated, the Fire Department, County Health Department, and K -VAC were contacted to respond. Project summary: KVAC Environmental Services Inc. arrived on -scene within a half hour of notification (5:30 PM). A Level A entry was made by KVAC, Fire Department, and County Health Department. The pump was removed from the drum of Nitric Acid and the drum was sealed. An assessment was completed and showed that the material Page 69 City of Rancho Cucamonga RFP#19/20-021 had spread over an area of approximately 500 square feet underneath pallets and shelving units. Air monitoring was conducted and indicated acid vapors within the building. KVAC response team entered in Level B and opened doors, opened sky lights, and set up fans to dissipate vapors. An absorbent was used to absorb any free standing liquid, swept up and placed into DOT approved drums. The seams in the concrete, and saturated pallets were tested and had a pH of 1. The entire area was sprayed with a caustic soda solution to neutralize remaining acid. The shelving and pallets were moved to access the material beneath them. A final layer of absorbent was used to absorb the free standing liquid, swept up, and placed into drums. The Fire Department and County Health Department inspected the area, monitored the air, and conducted pH tests throughout the impacted area. The area was deemed clean and safe to re-enter. A total of 6 — 55 gallon drums of Corrosive Solids, n.o.s were generated, labeled and left on site pending TSDF profile approval. End of job was 1:30 AM. Upon profile approval, the drums were removed and disposed at an appropriate TSDF. The total incident took 8.5 hours to complete. All work was completed by KVAC personnel. 2.2.2 Alltech Associates, Inc. —Mercury Spill and Lab Clean-up Name of Client: Alltech Associates, Inc. Contact: Alissa Enrique Phone: (760) 244-6107 Date(s) of Project: 9-11-14 Project Cost: $2515.00 Location of Spill: Alltech Associates, Inc. 17434 Mojave Street Hesperia, CA 92345 Cause of spill: There was an accidental release of elemental mercury in a laboratory sink. The impacted area and items of contamination included; sink area, employees clothing, ventilation hood, floor in front of sink and hood, and other surrounding areas. Project summary: K -VAC Environmental Services, Inc. arrived on -scene at 8:30 AM and immediately met with Mr. Lorenzo Jackson of Alltech Associates, Inc. for an update of the location and estimated quantity of mercury spilled. KVAC personnel calibrated the mercury vapor analyzer, donned appropriate PPE, and began a site assessment. The hallways and doorways leading to the affected laboratory were determined to be free of contamination. The sink and ventilation hood and adjacent areas were found to be Page 70 City of Rancho Cucamonga RFP#19/20-021 contaminated with mercury levels ranging from 0.06 — 0.25 mg/m3. All contaminated clothing, floor mats, and miscellaneous debris were placed into 55 gallon, poly, open - top drums. Elemental mercury was removed using a mercury vacuum unit. Upon removal of mercury contaminated items, the laboratory thermostat was increased from 72 to 89 degrees to remove any unknown mercury vapors. At 1:15 PM the laboratory was re-entered for final air monitoring and monitoring of the impacted areas. The instrumentation readings and results were 0.0 mg/m3 . The total incident took 9.5 hours to complete. A total of 2 — 55 gallon drums were generated of mercury contaminated debris. All work was completed by KVAC personnel. 2.2.3 California Department of Transportation (Cal Trans) — Diesel Spill Name of Client: California Department of Transportation Contact: Bill Kerr Phone: (909) 227-2944 Date(s) of Project: 8-2-14 Project Cost: $11,785.00 Location of Spill: 1-40 Hwy, East Bound Mile Marker 24. Newberry Springs, CA Cause of spill: A vehicle accident involving a tractor trailer which split the fuel tank and created a large diesel spill. The fuel spread off the freeway and contaminated the soil between the east and west bound lanes of the freeway. Project summary: KVAC Environmental Services, Inc. received a call from Cal Trans to respond to an overturned tractor and trailer that spilled diesel on the freeway and onto adjacent soil. KVAC arrived on -scene, met with Cal Trans and assessed the spill and clean-up action plan. A tow company removed the damaged tractor and trailer. KVAC absorbed the free standing diesel. The impacted freeway was pressure washed and the rinseate was collected using a mini guzzler vacuum unit. The contaminated soil was removed using a Skidsteer Bobcat Unit and placed into a 20 cubic yard roll -off bin. The soil was checked to verify all contaminated soil had been removed, then backfilled with clean soil that KVAC had brought to the site in a second 20 cubic yard bin. The total incident took 10.25 hours. A total of 8.63 tons of diesel contaminated soil was generated and disposed. KVAC completed all work once the tow company removed the wreckage. Page 71 City of Rancho Cucamonga RFP#19/20-021 2.2.4 Alondra Chemical- Bellflower, CA Name of Client: Environmental Protection Agency/CA Department of Toxic Substances Control Contact: Robert Wise/George Baker Phone: (714) 655-0780 Date(s) of Project: 7-31-18 to 8-3-19 Project Cost: $31,532.74 Labor and Materials Only Location of Incident: Alondra Chemical 9548 Alondra Blvd. Bellflower, CA 90706 Cause of Incident: Originally KVAC was contacted to inventory a few chemicals and prepare a cost to package and dispose of the chemicals. Upon arrival KVAC identified a serious situation involving thousands of chemicals which were improperly stored and potential dangerous to the surrounding area. The City of Bellflower contacted DTSC and the EPA to respond and evaluate the situation. The EPA and DTSC responded and took control of the remediation project. It was decided that the two agencies would share the cost of the cleanup. EPA would pay for the transportation and disposal and DTSC would pay for the material and labor to properly segregate and package all chemicals. KVAC was on-site and a DTSC contractor so they were tasked with the DTSC portion of the cleanup efforts. Project Summary: KVAC segregated all chemicals by DOT hazard classes and by compatibility, properly inventoried, and lab packed the chemicals into DOT approved drums. The drums were then labeled as to the proper shipping name and the contents. The drums were then staged on-site until the TSDF profile was approved for disposal. The EPA contractor then picked up the pre-packaged drums and transported to the TSDF for disposal. Upon completion of the project, a total of 126 containers were packaged (ranging from 5 gallon pails to cubic yard boxes). Over 500 unknowns were field tested to determine their respective hazard class. A total of 1,742 chemicals were identified, inventoried and packaged including; radioactives, water reactives, toxics, flammables, oxidizers, corrosives, and cylinders. 2.3 Company History KVAC Environmental Services, Inc. is a woman -owned, small business engaged in full service environmental management of hazardous and non -hazardous waste. Since its inception in 1997, KVAC has continued to grow and expand their expertise by hiring leaders within the industry, purchasing various small Page 72 City of Rancho Cucamonga RFP#19/20-021 companies, and training all employees above and beyond regulatory standards. In 2013, KVAC hired a degreed chemist, Jeanne Delperdang (Resume in Section 4), who currently has over 35 years of experience handling a variety of clandestine labs, Illegal abandonments, spills, lab packs, and general industry's hazardous and non -hazardous waste. KVAC also hired James Rankin (Resume in Section 4) who is a Project Manager that specializes in emergency response, industrial cleaning, multi -faceted remediation projects, and confined space work. KVAC purchased JSE Environmental and Interstate Pumping in 2014, two small companies that specialized in non -hazardous and non-RCRA pumping services. KVAC opened a satellite office in Richmond, California in 2014 to service Northern California. KVAC opened a second satellite office in Santa Fe Springs, California in 2016. KVAC hired Rodney Townsend as General Manager to oversee the operations and growth. Mr Townsend was a Project Supervisor with 20+ years of field experience. Mr. Townsend has recently been promoted to KVAC Corporate Sales Manager and now oversees the sales and growth of all field offices. KVAC has continuously increased its fleet of eco -friendly, hazardous and non -hazardous waste equipment which includes; 5000 gallon tank trailers, roll -off units, rocket launchers, vans, emergency response trailers, command centers, vactor unit, excavators and various specialized trailers which includes; pressure washer units, jetters, vactron,s and assorted other unique equipment. FIELD OFFICES KVAC Environmental Services, Inc. has two locations within Rancho Cucamonga, CA. 1) KVAC Environmental Services, Inc. - Corporate Office 8910 Rochester Ave. Rancho Cucamonga, CA 91730 KVAC shares this property with K -Pure Waterworks, Inc. which is a non -hazardous wastewater treatment facility. This office is an administrative office and consists of Human Resources, Accounts Receivable, Accounts Payable, and Payroll Departments. 2) KVAC Environmental Services, Inc. - Field Services 8615 Pecan Ave. Rancho Cucamonga, CA 91739 Page City of Rancho Cucamonga RFP#19/20-021 This property consists of two buildings; Mechanic Shop/Project Manager's Office and a Dispatch/Operations office. There is a loading dock with various trailers that serve as KVAC's load consolidation area. All waste is transported to licensed and permitted TSDFs within 10 days of being picked -up by KVAC. Page 74 City of Rancho Cucamonga RFP#19/20-021 SECTION 3 — SUBCONTRACTORS Pag City of Rancho Cucamonga RFP#19/20-021 SECTION 3 —SUBCONTRACTORS K -VAC Environmental Services, Inc. is fully capable to handle most waste encountered in emergency response incidents within the City of Rancho Cucamonga without the use of sub- contractors. K -VAC owns a fleet of licensed, hazardous waste vehicles, specialized trailers and has experienced, qualified personnel to handle majority of situations and/or waste that may be encountered as delineated within RFP #19/20-021. Page 76 City of Rancho Cucamonga RFP#19/20-021 SECTION 4 - STAFF BIOGRAPHIES F Page 77 City of Rancho Cucamonga RFP#19/20-021 MONUMMOMMENNOW SECTION 4—STAFF BIOGRAPHIES 4.1 Key Employees 4.1.1 Response Foreman Required Experience Actual Experience Name 4 years of direct on -scene field experience: 11 years Taylor Blackwell 13 years James Rankin 6 years Albert Borboa 8 years Rodney Townsend 8 years Rudy Kleijne 30 years Jeanne Delperdang 4.1.2 Cleanup Technician Level II Required Experience Actual Experience Name 2 years of normal cleanup activities: 8 years Jose Aguayo 8 years Joshua Eastman 3 years Richard Garcia Sr. 7 years Sergio Ortiz -Vera 3 years Griselle Medinilla 15 years James Guillen 4.1.3 Cleanup Technician Level I Required Experience Actual Experience Name 6 months performing supervised tasks: 1 year Joshua Brand 1 year Austin Dale 1 year Stewart Duardo 1.5 years Richard Garcia Jr. 1 year Jared Schaffer 1 year Emilio Valdovinos 4.1.4 Chemist Required Experience Actual Experience Name Bachelor of Science or higher —Chemistry: BS Chemistry (1980) Jeanne Delperdang 3 years field experience: 30 years 4.2 Resumes Resumes for the key personnel listed in Section 4.1 are attached in Appendix D of this Proposal. Page 78 City of Rancho Cucamonga RFP#19/20-021 SECTION 5 — PROPOSAL RESPONSE Page 79 City of Rancho Cucamonga RFP#19/20-021 SECTION 5 — PROPOSAL RESPONSE 5.1 Emergency Services KVAC Environmental Services, Inc. has a dedicated fleet of fully stocked emergency response trailers, highly trained response personnel and assorted specialty trailers ready to respond to a wide array of emergency situations. KVAC has responded to a variety of emergency response situations including; highway vehicle spills, tank overflows, abandoned chemicals, warehouse spills, mercury spills, chemicals in sewers, illegal dumping, abandoned research labs, and numerous other scenarios. KVAC has 24 hour/7 days a week response. After hour calls are forwarded to an on-call dispatch/project manager who has the authority to commit company resources and personnel. This allows for the appropriate response team to be dispatched quicker thereby arriving in a timely manner. 5.2 Emergency Contact Information KVAC maintains a 24 hour per day, 7 days per week emergency response call, center for all our customers. This allows our customers to talk with a "live body" even after normal office hours. After hours, all phone calls are forwarded to on- call project managers and dispatchers with the authority to make decisions, fully understanding KVAC operations, immediately dispatching personnel, equipment, and resources to perform routine, non -routine, emergency responses, or other complex services required by the customer. The emergency response call number is 909-476-2308. On -Site Contingency Plan for Spills/Releases Prior to the start of any project, KVAC Environmental Services, Inc. conducts tailgate safety meetings. The tailgate safety meeting discusses the scope of work, the location of eyewashes/safety showers, emergency procedures, evacuation routes and any other pertinent information relating to the project. KVAC Environmental Services, Inc. is an emergency response company. All field personnel are trained to respond to emergency situations and prevent emergency situations from occurring. KVAC responds to each job with enough equipment to complete the project and with additional supplies should an incident occur. In the event of an on-site spill or release of a hazardous material the following procedures will be immediately implemented: 1) Evacuate immediate area. 2) Survey and assess existing and potential hazards. 3) If it can be done safely, stop source of leak or release. Page 80 City of Rancho Cucamonga RFP#19/20-021 4) Dike, berm, and/or coverall drains. 5) Notify City of Rancho Cucamonga of the incident and available information. 6) Request additional personnel and/or equipment from KVAC dispatch (if necessary). 7) Prepare work plan for remediation of spilled or released material. 8) Conduct tailgate safety meeting to explain; the scope of work, appropriate PPE required, individual job functions, chemical and physical hazards, emergency procedures. 9) Complete work plan. 10) Create incident report. In the event of a spill or release of a hazardous material during transport, the following procedures will be immediately implemented: 1) The vehicle will pull to the side of the road. 2) The driver will immediately call KVAC dispatch. 3) If the source of the spill or release can be identified, the driver will stop the source of the spill or release if it can be controlled safely. This may be upright a drum or laying it on its side. 4) The driver carries a recovery drum spill kit on each vehicle. If the driver can safely overpack the container he may do so. If not, the driver will secure the area and wait for the KVAC response team to arrive. 5) While waiting for the response team, the drive will need to dike, berm and/or cover any storm drains. 6) The KVAC response team will remediate the spill or release upon their arrival. 7) The response team will create an incident report and report to the applicable regulatory agencies (if required). 5.3 Employee Training KVAC Environmental Services, Inc. is firmly committed to the health and safety of all employees. This is primarily accomplished by extensive training both in-house and through the use of third party training consultants. KVAC engages in continuous training that far exceeds the regulatory requirements. Employees are crossed trained in all aspects of waste handling and management, emergency response procedures, equipment use, shipping documents, disposal options, and a multitude of other related topics. All personnel are initially trained in the following, 1) Basic 40 hour HAZWOPER training 2) Hazard Communication and Global Harmonized Systems 3) Injury Illness Prevention Plan 4) CUPA Plan including emergency procedures, evacuation routes, etc. 5) Hazardous Materials Security Plan Page 81 City of Rancho Cucamonga RFP#19/20-021 6) DOT/RCRA Training 7) CPR/First Aid 8) Alcohol and Drug Awareness Project Managers are trained in the following; 1) HAZWOPER Supervisory training 2) Drug and Alcohol Reasonable Suspicion 3) Confined Space Entry Training Technicians receive the following training; 1) Confined Space Entry Training 2) Forklift Operations Specialized Crews receive additional training in the following; 1) Confined Space Rescue 2) HazCat Procedures 3) Lab Packing Procedures 4) Specialized Equipment Training (Jeffers, Vactors, Pressure Washers, etc.) 5) Bloodborne Pathogen Training In addition, all field personnel receive additional OSHA training in the following; 1) Asbestos Awareness 2) Crane Safety 3) Electrical Safety 4) Fall Protection 5) Fire Protection 6) Hydrogen Sulfide Awareness 7) Ladder Safety 8) Lead Awareness 9) Lockout/Tagout 10) Mercury Monitoring KVAC continuously monitors and evaluates the training offered and will routinely add other industry related topics or training on new, specialized equipment. Training is repeated per; regulatory requirements, when employee shows signs that a refresher may be in order, or the equipment or regulations have been modified. KVAC is committed to health and safety and has a policy to promote from within. Any employee who has embraced and demonstrated the high safety standards of KVAC and who has the desire to broaden their personal goals, will be considered for alternative levels of responsibility based on their proficiency in the additionally require training courses. Page 82 City of Rancho Cucamonga RFP#19/20-021 5.4 Containment and Counter Measures KVAC Environmental Services, Inc. will survey and assess existing and potential hazards. Defensive actions to protect the public health and the environment and to contain the material will be implemented. This may include, but shall not be limited to: 1) Dike, berm, and/or cover all drains 2) Closing leaking containers or overpacking of damaged containers 3) Building dams, dikes, slurry trenches to contain the spread of material 4) Diverting water discharges 5) Absorbing free standing liquids 6) Establish work zones and minimize access 5.5 Packaging and Marking KVAC Environmental Services, Inc. will provide all the necessary materials to properly package the waste generated at hazardous or non -hazardous emergency response incident. Waste will be segregated according to D.O.T. hazard classes and by compatibility, packaged into D.O.T. approved containers, properly labeled and marked, loaded onto an approved hazardous materials permitted vehicle, then transported to appropriately licensed TSDF. 5.6 Stabilization and Removal KVAC Environmental Services, Inc. will stabilize and remove all material designated by the City of Rancho Cucamonga. All controlled substances will be rendered useless by solidification using cement or other approved absorbents. 5.7 Disposal KVAC Environmental Services, Inc. does not own a hazardous waste treatment, storage or disposal facility. Therefore, KVAC is not restricted to use a corporate facility or "sister" company. This allows KVAC to negotiate with the various credible TSDFs and obtain the most favorable disposal options for the City. KVAC maintains positive relationships with all the major TSDFs. 5.8 Permits and Licenses See Appendix C for copies of K -VAC Environmental Services, Inc.'s Permits and Licenses. Page 83 City of Rancho Cucamonga RFP#19/20-021 APPENDICES Page 84 Taylor Blackwell Operations Manager Academic and Professional Degrees: Hazardous Materials Technician/Specialist Hazardous Materials First Responder Operational State of California —Office of Emergency Services FEMA Incident Command System Emergency Management Institute California Driver's License Class A, HAZ TWIC Card Relevant Work Experience: 1) KNAC Environmental Services, Inc. 03-05-08 to present Scope of Responsibilities: Responsible for all aspects of hazardous materials and waste projects, including; lab packs, emergency responses, confined space projects, demolitions, decontaminations, contaminated soil remediation, and all other projects. This includes; utilization of resources, timely and accurate communications, preparing bid estimates, work plans, health and safety plans, project plans, documentation, cost tracking, and project closure. Assist Health and Safety Department with employee training and development of company health and safety policies. 2) Avalon Restoration Technician/Driver 03/06 to 03/08 Scope of Responsibilities: Assisted Project Manager with water and mold remediation. Performed on-site treatment of mold, removal of damaged material, and transported waste to disposal facility, I Pam Jeanne Delperdang Compliance/Chemist Academic and Professional Degrees: Bachelor of Science — Chemistry (1980) California State University Dominguez Hills Masters of Business Administration (Interim) California Polytechnic State University Work Experience: 1) KNAC Environmental Services, Inc. Health and Safety Manager 8-28-13 to present Scope of Responsibilities: Oversee all health and safety aspects of KNAC Environmental Services, Inc. and K -Pure Waterworks. Coordinate and conduct all training requirements for all employees. Maintain all regulatory requirements including permits, licenses, and reports. Review all RCRA projects including shipping documents, confined space permits, tailgate safety meetings, etc.. Manage lab pack projects which involve various hazardous chemicals. Oversee emergency response projects involving Level A or Level B personal protection equipment. 2) Ecology Control Industries/ Consolidated Waste Industries Health and Safety Manager 1999-2013 Scope of Responsibilities: Oversaw all health and safety aspects of Ecology Control Industries and Consolidated Waste Industries. Coordinated and conducted all training requirements for all employees. Maintained all regulatory requirements including permits, licenses, and reports. Oversaw and supervised Customer Service Department, Emergency Response Department, and all Project Managers. Prepared all RFP, IFB, and formal bid packages. Offered technical interpretation of chemical analysis. Managed lab pack projects which involve various hazardous chemicals. Oversaw emergency response projects involving Level A or Level B personal protection equipment. Program Manager, Chemist, and Response Foreman for DTSC Drug Lab Contract. 3) Broco Environmental, Inc. General Manager 1998-1999 Scope of Responsibilities: Specifically hired by an out of state owner to reopen a TSDF, maintain a perfect regulatory compliance status, and generate new business to maximize the sale price of the facility. Oversaw all operational, administrative, and compliance issues associated with daily operation of a TSDF. Interfaced with all Regulatory Agencies. Provided a safe and secure storage area for Department of Justice evidence and samples. 4) Hazpak, Inc. President/C.E.O. 1991-1997 Scope of Responsibilities: Oversaw all administrative and operational functions associated with a hazardous waste transportation and service company including; obtaining all permits and insurance, accounting, financial planning, equipment acquisition, hiring practices, scheduling, project planning and coordination, customer service, sales and marketing, quality control, and providing a safe work environment for all employees. Managed lab pack projects which involve various hazardous chemicals. Oversaw emergency response projects involving Level A or Level B personal protection equipment. Program Manager, Chemist, and Response Foreman for DTSC Drug Lab Contract. 5) Containerized Chemical Disposal, Inc. Director of Technical Services I, 1989-1991 Scope of Responsibilities: Managed lab pack projects which involve various hazardous chemicals. Oversaw emergency response projects involving Level A or Level B personal protection equipment. Program Manager, Chemist, and Response Foreman for DTSC Drug Lab Contract. 6) Disposal Control Services, Inc. Chemist/Emergency Response Coordinator 1984-1989 Scope of Responsibilities: Managed lab pack projects which involve various hazardous chemicals. Oversaw emergency response projects involving Level A or Level B personal protection equipment. Program Manager, Chemist, and Response Foreman for DTSC Drug Lab Contract. 7) BKK Corporation Chemist 1981-1984 Scope of Responsibilities: Oversaw all incoming hazardous waste loads and verify contents and acceptance per facility permit. Determine compatibility with other loads and ultimate disposition. Oversaw all emergency response spill clean-ups within the facility and enroute to the facility (Azusa Ave). Page 87 Jose Aguayo Clean-up Technician II Academic and Professional Degrees: California Driver's License — Class A 40 -Hour OSHA HAZWOPER w/Current 8 -Hour refresher course 24 -Hour Confined Space Rescue Training w/8 -Hour Refresher 8 -Hour HAZWOPER First Responder Operations Compressed Gas Cylinder Training Lab Packing Procedure Training Regulatory Compliance Training HM181 HazMat/RCRA Employee Training Relevant Work Experience: 1) K -VAC Environmental Services, Inc. Position: Receiving Dock/Hazardous Waste Manager 09/01/2005 to present Percentage applicable to DTSC: 100% Scope of Responsibilities: Responsible for all aspects of hazardous materials and waste management in transit at the K -VAC 10 -day holding facility. Verifies that all incoming waste manifests and shipping documents are correct and completed. Successfully completed numerous confined space entries under level B and provided stand-by rescue service. Assisted on a large number of Cal Trans emergency response spill clean-ups and illegal waste dumping clean-ups. Completed hands-on lab packing training class in proper sorting and packing procedures. Assisted with emergency response clean-up to various So Cal Gas locations when "water in the main" catastrophes happened in Atascadero, Arcadia, Claremont, Montclair, and Riverside. Provided labor and assistant supervisor to project managers while onsite in Porter Ranch for So Cal Gas leaking main emergency. Assisted in building demolitions, chemical lab decontaminations, contaminated soil remediation, and all other projects. This includes; working with dispatch to efficiently utilize resources, provided timely and accurate communications, as well as prepared various waste manifests and bills of lading. Richard Garcia Jr. Clean-up Technician I Academic and Professional Degrees; California Driver's License — Class C 40 -Hour OSHA HAZWOPER 24 -Hour Annual RCRA Training Confined Space Entry Training Emergency Response Training Blood-borne Pathogens Training Asbestos & Lead Awareness Relevant Work Experience: 1) KNAC Environmental Services, Inc. Position: Technician 10/22/2016 to present Scope of Responsibilities: Assist project managers and clean-up technicians in the remediation of hazardous materials and waste projects, including; lab packs, emergency response, confined space projects, demolitions, decontamination, contaminated soil removal, and all other projects. Maintain all emergency response and confined space rescue equipment. Provide general maintenance and housekeeping of KNAC facilities and transportation equipment. Page 8� Rodney Townsend Response Foreman Academic and Professional Degrees: California Driver's License Class A, HAZ TWIC Card Relevant Work Experience: 1) K -VAC Environmental Services, Inc. Project Manager 7-12-15 to present Percentage Applicable to DTSC: 75 Supervisor: Fred Knifer C.F.O. Scope of Responsibilities: Responsible for all aspects of hazardous materials and waste projects, including; lab packs, emergency responses, confined space projects, demolitions, decontaminations, contaminated soil remediation, and all other projects. This includes; utilization of resources, timely and accurate communications, preparing bid estimates, work plans, health and safety plans, project plans, documentation, cost tracking, and project closure. 2) OC Vacuum, Inc. Project Manager 2-10 to 7-15 Percentage Applicable to DTSC: 75 Supervisor: Oscar Carrasco Scope of Responsibilities: Responsible for all aspects of hazardous materials and waste projects, including; lab packs, emergency responses, confined space projects, demolitions, decontaminations, contaminated soil remediation, and all other projects. This includes; utilization of resources, timely and accurate communications, preparing bid estimates, work plans, health and safety plans, project plans, documentation, cost tracking, and project closure. Page 90 Sergio Ortiz -Vera Clean-up Technician 1 Academic and Professional Degrees: California Driver's License Class A, HAZ Relevant Work Experience: 1) KNAC Environmental Services, Inc. Technician/Driver 6-20-13 to present Percentage Applicable to DTSC: 75 Supervisor: Chris Carrasco Dispatcher Scope of Responsibilities: Assist Project Manager and Clean-up Technicians in the remediation of hazardous materials and waste projects, including; lab packs, emergency response, confined space projects, demolitions, decontamination, contaminated soil removal, and all other projects. Provide general maintenance and housekeeping of KNAC facilities and equipment. Transport hazardous and non -hazardous waste to permitted disposal facilities. Page 91 Daniel Esparza Clean-up Technician I Academic and Professional Degrees: California Driver's License — Class A 40 -Hour OSHA HAZWOPER 24 -Hour Annual RCRA Training Confined Space Entry Training Emergency Response Training Blood-borne Pathogens Training Asbestos & Lead Awareness Relevant Work Experience: 1) KNAC Environmental Services, Inc. Position: Technician 06/09/2016 to present Scope of Responsibilities: Assist project managers and clean-up technicians in the remediation of hazardous materials and waste projects, including; lab packs, emergency response, confined space projects, demolitions, decontamination, contaminated soil removal, and all other projects. Maintain all emergency response and confined space rescue equipment. Provide general maintenance and housekeeping of KNAC facilities and transportation equipment. Page 92 Griselle Borboa Clean-up Technician II Academic and Professional Degrees: California Driver's License — Class C 40 -Hour OSHA HAZWOPER 8 -Hour Annual OSHA HAZWOPER Refresher 24 -Hour Annual RCRA Training Confined Space Entry Training Lab Pack Training Compressed gas cylinder Training Regulatory Compliance Relevant Work Experience: 1) K -VAC Environmental Services, Inc. Position: Special Services Coordinator 09/2013 to present Percentage applicable to DTSC: 50% Scope of Responsibilities: Responsible for coordinating special services personnel for response to all hazardous materials and waste projects, demolitions, decontaminations, and other various projects. This includes; utilization of resources, timely and accurate communications, preparing bid estimates, documentation, and project closure. Assist Health and Safety department with employee training. Assist project managers and level 2 technicians with lab packs, confined space projects, contaminated soil removal, and various other Cal Trans and So Cal Gas Company emergency response clean-up projects. Provide general maintenance and housekeeping of K -VAC facilities. 2) Antimite Pest Control Position: Dispatch 12/2011 to 09/2013 Scope of Responsibilities: Responsible for scheduling the route of 10-12 pest control technicians. Calling customers to set up service appointments. Worked directly with the branch manager to ensure all technicians have completed their monthly route services in full. Prepared end of month completion and billing reports for branch manager. Page 93 Albert Borboa Clean-up Technician 2 Academic and Professional Degrees: California Driver's License Class B, HAZ Union Pacific Railroad Orientation and Safety Training Relevant Work Experience: 1) KNAC Environmental Services, Inc. Technician 1-7-14 to present Percentage Applicable to DISC: 85 Supervisor: Chris Carrasco Dispatcher Scope of Responsibilities: Assist Project Manager in the remediation of hazardous materials and waste projects, including; lab packs, emergency response, confined space projects, demolitions, decontamination, contaminated soil removal, and all other projects. Member of the Confined Space Rescue Team. Maintain all emergency response and confined space rescue equipment. Transport hazardous and non -hazardous waste to permitted disposal facilities. Page 94 1 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT A" CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT It is the policy of the City and RCFPD to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City and RCFPD Contracts, including, but not limited to Contracts for Professional Services Agreements ("PSA") with potential Vendors. do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis. agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any RFP response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any RFP response, or removal of same from designated areas. I, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein. (Print Name) (Relationship to the City and RCFPD) (Relationship to the Vendors) (Signature) (Date) Must be included in final RFP submittal. Page 23 of 31 Page 95 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT B" PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY Mark the appropriate choice, below: Y_ Vendors accepts the PSA without exception. OR Vendors proposes exceptions to the PSA. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as "Exception Summary", which shall include the Vendors' rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submi d summary may deem the response as non-responsive. 1 j_c� &lg Date Must be included in final RFP submittal. Page 24 of 31 Page 96 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous waste Removal, Remediation and Disposal Services on an As Needed Basis "EXHIBIT C" ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED the l' C.J�'! 4wa, — (Pre ident, Secretary, Manager, Owner or Representative) (Name of Company, Corporation or Owner) certify that the Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis have been read and understood and that our Vendors is able to provide and maintain the coverage as specified in the PSA. Failure to provide said coverage, upon request to finalize the PSA prior to award shall be enough cause for immediate Failure to maintain said coverage shall result in termination of the contract. -jtmature u Printed Namu A59tv / Title 1r026 Date r Must be included in final RFP submittal. Page 25 of 31 Page 97 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT D" ADDENDUM ACKNOWLEDGEMENT The Vendors hereby acknowledges the following Addenda Number(s) to this RFP have been received, if any. Vendors understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Vendors' responsibility to log into the Bid System to identify and download the number of addenda that have been posted. e _)&L Printed Na e Title I Date Must be included in final RFP submittal. Page 26 of 31 Page 98 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT E" DEBARMENT and SUSPENSION CERTIFICATION FORM I certify that neither Vike &1e!/ 10Q (Vendor) nor any of its proposed subcontractors are not currently listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Vendors or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Vendors or any of its subcontractors subsequently become delinquent in California taxes, our Proposal will be disqualified. "4lw-d Printed Na e WE VA"'11 21 l fl a6-17 Date Must be included in final RFP submittal. Page 27 of 31 Page 99 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT F" PARTICIPATION CLAUSE It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price for a period of -R�' days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy -back awards will be made independently by each agency, and the City and RCFPD is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy -back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Vendors. Successful Vendors will extend prices as proposed herein to other governmental agencies, please specify. YES x NO Must be included in final RFP submittal. Page 28 of 31 Page 100 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT G" SIGNATURE OF AUTHORITY The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed forthe unit cost amounts set forth in the following RFP response. THE VENDOR IN SUBMITTING THIS RFP RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR RFP RESPONSE AS NON-RESPONSIVE. Company Na (m,.e: Address: (5 eet, Su. # City, State, Zip) �,D x � "ho /�/�j� Cd't ll��l� / Telephone M p (qj)q) 41 I 4, ~obi lJ] Fax E-mail�iaddress: Web Address: I v�- t) r I UGV! A� y Ate,, ,, I' W l_�[.V - KV' tee, r u , epM . Aut rized R r senta� (print) T e: t� Sig ti Date: 1 Must be included in final RFP submittal. Page 29 of 31 Page 101 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 26th day of November, 2019, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and the Rancho Cucamonga Fire Protection District ("RCFPD") and K -VAC Environmental Services, Inc, a CTYPE ("Contractor"). RECITALS A. City and RCFPD has heretofore issued its request for proposals to perform the following services: Hazardous Waste Removal, Remediation and Disposal Services (RFP 19/20- 021) ("the Project"). B. Contractor has submitted a proposal to perform the services described in Recital "A', above, necessary to complete the Project. C. City and RCFPD 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 and RCFPD hereby engages Contractor to perform all services described in Recitals "A" and `B" above, including, but not limited to Hazardous Waste Removal, Remediation and Disposal Services; all as more fully set forth in RFP 19/20-021, attached hereto as Exhibit A Contractor's proposal, dated Nov 26, 2019, attached hereto as Exhibit B, and Schedule of Lump Sum and Unit Costs attached hereto as Exhibit C, hereinafter entitled "Scope of Work", and incorporated by reference herein. 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 and RCFPD, the Contractor will promptly meet with City and RCFPD staff to discuss any revisions to the Project desired by the City and RCFPD. 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 PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10102113 Page I Page 102 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 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 "XX". 1.4 Standard of Care. As a material inducement to City and RCFPD 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 and RCFPD of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City and RCFPD 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, 2021. No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of six (6) additional years, unless sooner terminated as provided in Section 14 herein. Contractor may request a Cost of living Increase in an amount not to exceed the increase in the March index of the Consumer Price Index All Urban Consumers for the Riverside -San Bernardino -Ontario, California area published by the U.S. Department of Labor, Bureau of Labor Statistics. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City and RCFPD. 3. Compensation. 3.1 Compensation. City and RCFPD shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $XtXXX (XXXXX), including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City and RCFPD shall not withhold any federal, state or other taxes, or other deductions. However, City and RCFPD 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. PSA without professional liability insurance (contractor) Last Revised: 10102/13 -9T Vendor Initials Page 2 Page 103 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 and RCFPD shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City and RCFPD monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered 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 and RCFPD shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City and RCFPD 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 and RCFPD. 5. Representatives. 5.1 City and RCFPD Representative. For the purposes of this Agreement, the contract administrator and City and RCFPD's representative shall be CITY/FIRE REP, or such other person as designated in writing by the City and RCFPD ("City and RCFPD Representative"). It shall be Contractor's responsibility to assure that the City and RCFPD 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 and RCFPD to the City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Rodney Townsend 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 and RCFPD 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 and RCFPD. 6. Contractor's Personnel. 6.1 All Services shall be performed by Contractor or under Contractor's direct PSA without professional liability insurance (contractor) Last Revised: 10102/13 Vendor Initials Page 3 Page 104 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 and RCFPD 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. 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 RCFPD and its elected officials, officers and employees, servants, designated volunteers, and agents serving, as independent contractors in the role of City and RCFPD 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 and RCFPD shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City and RCFPD from Contractor as a result of Contractor's failure to promptly pay to City and RCFPD 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 providdd 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 and RCFPD. 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 and RCFPD without restriction or limitation upon its use or dissemination by City and RCFPD. 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 and RCFPD. 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 and RCFPD. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City and RCFPD upon written demand by City and RCFPD for their delivery, notwithstanding any disputes between Contractor and City and RCFPD concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City and RCFPD's reuse of the Work Product for any purpose other than the Project, shall be at City and RCFPD's sole risk. 7.2. Assienment of Intellectual Property Interests Upon execution of this PSA without ro essional liability insurance contractor P � tY (contractor) Vendor Initials Last Revised. 10/02/13 Page 4 Page 105 Agreement and to the extent not otherwise conveyed to City and RCFPD by Section 7.1, above, the Contractor shall be deemed to grant and assign to City and RCFPD, and shall require all of its subcontractors to assign to City and RCFPD, 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 the maximum extent permitted by law. City and RCFPD 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 and RCFPD has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City and RCFPD, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, harmless from any loss, claim or liability in any way related to a claim that City and RCFPD'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 and RCFPD'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 and RCFPD the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City and RCFPD; or 6) 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 and RCFPD, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City and RCFPD or otherwise act as an agent of City and RCFPD. Neither City and RCFPD 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 and RCFPD. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City and RCFPD harmless from any and all taxes, assessments, penalties, and interest asserted against City and RCFPD 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 and RCFPD employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided fbr performance of this Agreement are confidential and shall not be disclosed by Contractor without k PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10102113 Page S Page 106 prior written authorization by City and RCFPD. City and RCFPD shall grant such authorization if applicable law requires disclosure. All City and RCFPD data shall be returned to City and RCFPD 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 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 mann6r 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 and RCFPD 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 and RCFPD 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 and RCFPD 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 and RCFPD, 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 RCFPD, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials and RCFPb, (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, PSA tY insurance l�AT without ro ssional liability contractor P � i Vendor (nitlals Last Revised. 10/02/13 Page 6 Page 107 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 and RCFPD'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 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 and RCFPD, or the deposit with City and RCFPD, 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. 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 and RCFPD, 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 I (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 General PSA without professional liability insurance (contractor) vend!"r Initials Last Revised: 10/02/13 Page 7 Page 10E 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 and RCFPD. 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 RCFPD and shall not reduce the limits of coverage. City and RCFPD 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, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD 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 coverap-e shall contain no limitations on the scone of protection afforded to City, RCFPD, its officers officials employees designated volunteers or agents serving as independent contractors in the role of City and RCFPD 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, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials. Any insurance or self-insurance maintained by City, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials shall be in excess of Contractor's insurance and shall not ) L -T PSA without professional liability insurance (contractor) Vendor Initials Last Revised. 10/02/13 Page 8 Page 10� 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 and RCFPD may procure such insurance at Contractor's sole cost and expense. (S) Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City and RCFPD, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials. (6) Each policy shall be issued by an insurance company approved writing by City and RCFPD, which is admitted and licensed to TO business in the State of California and which is rated ANN or better according to the most recent A.M. Best Co. Rating Guide. (� 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. (9) 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 and RCFPD in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City and RCFPD 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) Workers 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 PSA without professional liability insurance (contractor) Last Revised: 10/02113 Ic— Vendor Initials Page 9 Page 110 received and approved by the City and RCFPD before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City an� RCFPD with the required policies or endorsements evidencing renewal of the required policies o 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 tb Contractor and City and RCFPD in the same manner and to the same extent as Contractor is bound to City and RCFPD 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 and RCFPD relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City and RCFPD might require. City and RCFPD shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City and RCFPD 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 and RCFPD exercises its right to terminate this Agreement, City and RCFPD 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 and RCFPD by.reason of such termination, including any claim for compensation. City and RCFPD 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 and RCFPD ten (10) business days prior written notice for any of the following: (1) uncured breach by the City and RCFPD 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 and RCFPD's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the 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. PSA without professional liability insurance (contractor) vendor buttals Last Revised: 10/02/13 Page 10 Page 111 All notices shall be addressed as follows: If to City and RCFPD: William Wittkopf City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 If to Contractor: Rodney Townsend K -VAC Environmental Services, Inc. PO Box 1505 Rancho Cucamonga, CA, 91729 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 and RCFPD'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 beirig 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 and RCFPD, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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 and RCFPD of PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 11 Page 112 any payment to Contractor constitute or be construed as a waiver by City and RCFPD 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 and RCFPD shall in no way impair or prejudice any right or remedy available to City and RCFPD 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 and RCFPD. 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. PSA without professional liability Insurance (contractor) Vendor Initials Inst Revised: 10/02/13 Page 12 Page 113 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: K -VAC Environmental City of Rancho Cucamonga W..'MON."� Date Name Title Date Rancho Cucamonga Fire Protection District By: ���Da� S ou.►.M-�.�5 t t � �-l. � 1 Name Date By: Name Date Title Title (two signatures required if corporation) FF PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10102/13 Page 13 Page 114 EXHIBIT A SCOPE OF SERVICES PSA without professional liability insurance (contractor) Last Revised: 10102113 PT Vendor Initials Page 14 Page 115 -- EXHIBIT B SCHEDULE FOR PERFORMANCE PSA without professional liability insurance (contractor) Last Revised: /0/02113 Vendor Inldals Page 15 Page 116 Attachment A — Sample Waiver of Subrogation (Sample Only — Not all forms will look identical to this Sample) TRAVELERS J' POLICY NUMBER, WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-01 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enlorce our right against the person or organization named in the Schedule.. (i his agrebment applies only to the oxtent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or Indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agent* serving as independent contractors in the role of City or officials. DESIGNATED ORGANiZATtON: PSA without professional liability insurance (contractor) Vendor Last Revised: 10102113 Page 16 Page 117 Attachment B — Sample Additional Insured for On-going Projects POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 2010 07 04 ,. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or ntzation s : Locations Of Covered Operations The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Information required to complete this Schedule, if not shown above will beshown In the Declarations. A. Section it — Who Is An Insured is amended to Include ascan additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability (or 'bodily injury", "property damage" or "personal and advertising Injury" caused, In whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, In the performance of your ongoing operations for the additional Insured(s) at the location(s) desig- nated above. CG 2010 07 04 S. With respect to the insurance afforded to these additional Insureds, the following additional exclu- sions apply: This Insurance does not,apply to "bodily injury" or "property damage" occurring after. 1. AU work, including materials, parts or equip- ment furnished In connection with such work, on the project (other thar service, maintenance or repairs) to be performed by or on behalf of the additional insured(&) pt the location of the covered operations has been completed; or 2. That portion of "your work" out of which the Injury or damage arises has been put to its in- tended use by any person or organization other than another contractor Or subcontractor en- gaged In performing opeiations for a principal as a part of the same project. ® ISO Properties, Inc., 2004 PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 1 of 1 ❑ Vendor Initials Page 17 Page 118 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT H" REFERENCES WORKSHEET The following References Worksheet must be complete, please do not mark "See Attached". Provide a minimum of four (4) clients that are similar in size to the City of Rancho Cucamonga that your company has conducted comparable or like services. Preferred references should be government agencies and be a current customer within the past three (3) years. Please verify accuracy of contact information. E °References Ft Company Name ` AVO Contact Name and Title yun Company Address 0 Contact Telephone Number 2O 2A (D Contact Email RA �VO UY YV, n a J Description of Comparative Services and Project Cost (please be specific) �Y✓1�� � YIe 0),-,x �Cl�� cyte ) 9 • fee n oe 2 • i't4 Y"rl..:/ ...E Company Name Contact -Name and Title T*0 str�To dY- Company AddressP! �� �✓h%J� Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) a v 1 tt wl A(\k (� I ii1 -4t Wp* I R • �Mm Page 30 of 31 )An Page 119 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis MIR yy'AJ,✓ �1 f"s -cJ,S Y �:ti "•. .� } �`.h'v 4Cf � n� ` Mei 4 Company Name RCPT ���tc= u�� tPrty Contact Name and Title �cm emc a,ge �u �c-•t �� Company Address g�� FiL R. 4 Contact Telephone Number _ _ (PS -7 ori. Contact Email �3s a+. ac.. ca'. e opv Description of Corraparative Services and Project Cost (please be specific) �j R CO -A- Reefe►r en ce 4 Company Name Irl,bA( r f ipj Contact Name and Title rAll Z� Company Address� tm � 1 Q„ ChzAb Contact Telephone Number Contact Email Description of Comparative Services and ►, Q1ilM QCuWb L4PI Project Cost (please be specific) > • t • I. Page 31 of 31 Page 120 Irl Hazardous Waste Removal Remediation and Disposal Services On An As Needed Basis (RFP #19/20-021) Issued on 10/30/2019 Bid Due on November 27, 2019 9:00 AM (Pacific) Exported on 11/27/2019 Company: K Vac Environmental Services Item Num Description Unit of Measure Unit Price Non -Emergency As -Needed Services 1 Field Technician - Normal Hours (Monday - Friday, 7 am to 5 pm) Hour $95.00 2 Field Technician - Overtime Hour $110.00 3 Class A Driver - Normal Hours (Monday - Friday, 7 am to 5 pm) Hour $130.00 4 Class A Driver - Overtime Hour $145.00 5 Supervisor - Normal Hours (Monday - Friday, 7 am to 5 pm) Hour $155.00 6 Supervisor - Overtime Hour $170.00 Emergency As -Needed Services 7 Field Technician - Normal Hours (Monday - Friday, 7am to 5 pm) Hour $155.00 8 Field Technician - Overtime Hour $170.00 9 Class A Driver - Normal Hours (Monday - Friday, 7 am to 5 pm) Hour $145.00 10 Class A Driver - Overtime Hour $160.00 11 Supervisor - Normal Hours (Monday - Friday, 7am to 5 pm) Hour $215.00 12 Supervisor - Overtime Hour $230.00 Biohazardous Waste Disposal 13 Human (blood, fecal matter or urine in containers) Pound $0.50 14 Human (blood, fecal matter or urine in containers) Pound $0.50 15 Wash Water generated from providing the service Gallon $0.45 16 Wash Water generated from providing the service 5 Gallon $2.50 17 Confined Space Entry Hour $450.00 18 Homeless Encampment debris removal 35 Gallon Drum $90.00 19 Homeless Encampment debris removal 55 Gallon Drum $180.00 Clarifier/Storm Drain Waste Pumping 20 Hazardous Waste (Vac truck and driver) Hour $240.00 21 Non -Hazardous Waste (Vac truck and driver) Hour $255.00 Drummed Waste Removal 22 Waste Oil 55 Gallon Drum $160.00 23 Waste Oil Filters 55 Gallon Drum $80.00 24 Antifreeze 55 Gallon Drum $160.00 1of2 1/22/2020, 5:41 PM Page 121 2of2 1/22/2020, 5:41 PM Page 122 Hazardous Waste Disposal 25 Automotive Fluids (motor oil, transmission fluid, antifreeze/coolant) Gallon $3.00 26 Confined Space Entry Hour $470.00 27 Diesel and Gasoline Gallon $1.55 28 Flammable Liquids Gallon $96.00 29 Homeless Encampment debris removal 35 Gallon Drum $75.00 30 Homeless Encampment debris removal 55 Gallon Drum $150.00 31 Non -Hazardous Waste Gallon $0.45 32 Oil Based Paint Gallon $250.00 33 Water Based Paint Gallon $1.40 34 Sharps Pound $0.50 35 Toxic Liquid Gallon $12.00 36 Toxic Solid Gallon $15.00 Vehicle/Equipment 37 Supervisor Truck Hour $25.00 38 Stake Bed Truck Hour $35.00 39 Skid Mount Vacuum Hour $110.00 40 Trailer Mounted Hot Water Pressure Washer Hour $55.00 41 Vacuum Truck Hour $110.00 Other Charges 42 Shipping/Delivery Lot $250.00 43 E Manifest Charge Lot $30.00 2of2 1/22/2020, 5:41 PM Page 122 DATE: February 12, 2020 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Robert Neiuber, Human Resources Director SUBJECT: CONSIDERATION TO APPROVE A RESOLUTION MODIFYING PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO CALPERS FOR THE FIRE SUPPORT SERVICES ASSOCIATION BARGAINING UNIT. RECOMMENDATION: Staff recommends that the Fire Board of the Rancho Cucamonga Fire Protection District adopt the attached resolution modifying how the District pays and reports the value of employer paid member contributions (EPMC) to CalPERS for the Fire Support Services Association (FSSA) bargaining unit members. BACKGROUND: The Rancho Cucamonga Fire Protection District (the District) has an existing written labor agreement which specifically provides for the normal CalPERS member pension contributions to be paid by the employer (the District) and, in accordance with PELRA, reported as additional compensation. This benefit has applied to all District bargaining groups. The City Council previously approved a two-year Memorandum of Understanding (MOU) between the District and FSSA effective July 1, 2019 through June 30, 2021. This MOU specifically modifies how the District will pay and report the value of EPMC. Although these modifications have been incorporated in the MOU, they must also be adopted by Resolution in accordance with CalPERS regulations. ANALYSIS: The existing MOU provides for modifying how the District pays and reports the value of EPMC effective the first full pay period in February 2020 as set forth below: • The District will pay 3% of the CalPERS member contribution for employees hired prior to July 9, 2011, and employees will pay 5% of their PERSable compensation towards the CalPERS member contribution. • The District will pay 2% of the CalPERS member contribution for employees hired on or after July 9, 2011 through December 31, 2012 and Classic PERS members hired on or after January 1, 2013, and employees will pay 1% of their PERSable compensation towards the CalPERS member contribution and move the existing 4% of their PERSable compensation towards the Page 123 CaIPERS member contribution for a total of 5%. Adoption of this resolution will reduce EPMC for FSSA employees. This is part of the District's effort, working with employees, to effectively manage our pension costs over time. Staff recommends that the City Council approve the attached resolution modify paying and reporting the value of employer paid member contributions to CaIPERS for FSSA employees. FISCAL IMPACT: As the District reduces EPMC, the change will result in long-term cost savings for the District by ultimately reducing both PERS contributions and PERS rates. COUNCIL GOAL(S) ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS The District is responsible for providing exceptional employee benefits to ensure that the Rancho Cucamonga Fire District continues to be a premier employer for the community. ATTACHMENTS: Description Resolution Page 124 RESOLUTION NO. FD 20- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MODIFYING PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO CALPERS FOR THE FIRE SUPPORT SERVICES ASSOCIATION (FSSA) BARGAINING UNIT. WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has the authority to implement Government Code Section 20691; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has written labor agreements which specifically provide for the normal member contributions to be paid by the employer, and reported as additional compensation; and WHEREAS, one of the steps in the procedure to modify Section 20691 is the adoption by District of a resolution modifying paying and reporting the value of modified Employer Paid Member Contributions (EPMC) for employees who meet the conditions set forth; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has identified the following conditions for the purpose of its election to pay EPMC: • This benefit shall apply to all miscellaneous employees within the Fire Support Services Association bargaining unit. • This benefit shall consist of paying 3% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable* (excluding Government Code Section 20636(c)(4) as additional compensation for employees hired prior to July 9, 2011). • This benefit shall consist of paying 2% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable* (excluding Government Code Section 20636(c)(4) as additional compensation for employees hired on or after July 9, 2011 through December 31, 2012, and Classic PERS members hired on or after January 1, 2013). • The effective date of this resolution shall be February 8, 2020. * Note: Payment of EMPC and reporting the value of EPMC on compensation earnable is on pay rate and special compensation except special compensation delineated in Government Code Section 20636(c)(4) which is the monetary value of EPMC on compensation earnable. Page 125 DATE: February 12, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Trina Valdez, Management Analyst I SUBJECT: CONSIDERATION OF AN APPROPRIATION IN THE AMOUNT OF $62,000 FROM THE MUNICIPAL UTILITY FUND (FUND 705) FOR THE PURCHASE OF TWO TRANSFORMERS AND ONE PADMOUNTED SWITCHGEAR FROM ANIXTER POWER SOLUTIONS. RECOMMENDATION: Staff recommends that the City Council approve an appropriation in the amount of $62,000 from the Municipal Utility Fund (Fund 705) for the purchase of two spare transformers (1-500 KVA and 1-750 KVA) and one spare switchgear (PME-9) from Anixter Power Solutions. BACKGROUND: Transformers and switchgears are important and critical pieces of equipment that make up the Rancho Cucamonga Municipal Utility's (RCMU) power distribution infrastructure. RCMU currently owns and maintains over 150 Howard Industries transformers and over 40 pad mounted switchgears. As RCMU's service area expands and additional equipment is placed in the field, having the appropriate spare inventory available becomes paramount. Additionally, as the equipment begins to age, there is more opportunity for it to fail or need to be replaced. RCMU is prepared to replace the equipment whenever an unexpected failure might occur, which reduces the amount of time the power needs to be out for RCMU customers. ANALYSIS: Based on RCMU's current spare inventory, staff determined one (1) 500 KVA transformer, one (1) 750 KVA transformer and one (1) pad mounted switchgear (PME-9) is needed. A quote was obtained from Anixter Power Solutions which is the local Southern California distributor for Howard Industries products which is one of the current standards for new RCMU transformers. Given the nature of this equipment and the need to keep field equipment uniform, a sole source justification memo was submitted and approved by the City Manager. FISCAL IMPACT: An appropriation in the amount of $62,000 from the Municipal Utility Fund (Fund 705) to Account No. 1705303-5603 (Capital Outlay -Equipment) is required to fully fund the purchase. COUNCIL GOAL(S) ADDRESSED: Page 126 The proposed purchase addresses the City Council's goal of mid and long-range planning by having reliable back-up equipment available to maintain dependable electric service to RCMU customers. Page 127 DATE: February 12, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Trina Valdez, Management Analyst I SUBJECT: CONSIDERATION OF AN APPROPRIATION IN THE AMOUNT OF $16,800 FROM THE MUNICIPAL UTILITY FUND (FUND 705) FOR THE CIS INFINITY PAYMENT PORTAL SERVER MIGRATION. RECOMMENDATION: Staff recommends that the City Council approve an appropriation in the amount of $16,800 from the Municipal Utility Fund (Fund 705) for the CIS Infinity Payment Portal Server Migration project. BACKGROUND: CIS Infinity, a software product of Advanced Utility Systems, provides the City's municipal utility billing software which is used to manage daily operations for the Rancho Cucamonga Municipal Utility (RCMU). RCMU also utilizes CIS Infinity Link to provide an online payment and billing portal to its utility customers. The online software is currently being upgraded to a new version that includes additional security layers, enhancements and a responsive web design. ANALYSIS: During the upgrade process, staff determined that the CIS Infinity Link application servers needed to be updated from 2008 to 2016 servers. Assistance is needed from Advanced Utility Systems to migrate the web server to the new 2016 server, point the connection to the new application and SQL database, configuration of the connection string in multiple locations and setting up the weblink. A statement of work was provided by Advanced Utility Systems. FISCAL IMPACT: An appropriation in the amount of $16,800 from the Municipal Utility Fund (Fund 705) to Account No. 1705303-5152 (Computer Software) is required to fully fund the requested work. COUNCIL GOAL(S) ADDRESSED: The proposed upgrade supports City Council's goal of mid and long-range planning by providing an improved and better supported online software platform for RCMU customers. Page 128 DATE: February 12, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Trina Valdez, Management Analyst I SUBJECT: CONSIDERATION OF AMENDMENT NO. 01 TO THE AGREEMENT WITH PACIFIC UTILITY INSTALLATION, INC. (CO#19-085) IN AN ADDITIONAL AMOUNT OF $989,237 PLUS A 5% CONTINGENCY FOR THE HAVEN AVENUE CABLE BRING UP AND MAYTEN BUSINESS PARK/HAMPTON INN PROJECTS AND AUTHORIZE AN APPROPRIATION IN THE AMOUNT OF $1,038,700 FROM THE MUNICIPAL UTILITY FUND (FUND 705). RECOMMENDATION: Staff recommends that the City Council: 1. Award and authorize the execution of an amendment in the amount of $989,237, to the lowest responsive bidder, Pacific Utility Installation, Inc.; 2. Authorize the expenditure of a 5% contingency in the amount of $49,461; and 3. Authorize an appropriation in the amount of $840,985 to Account 1705303-5650/2028705-0 (Capital Projects/Line Extension -Haven Bring Up) from the Municipal Utility Fund (Fund 705) and $197,715 to Account 1705303-5650/2027705-0 (Capital Projects/Cabling-Mayten Business Park/Hampton Inn) from the Municipal Utility Fund (Fund 705). BACKGROUND: RCMU is preparing to serve five new developments: 1. A warehouse located at the northeast corner of Sixth Street and Center Avenue; 2. A warehouse located at the northeast corner of Seventh Street and Center Avenue; 3. A warehouse located on Eighth Street, west of Haven Avenue; 4. 6 separate warehouse units located on Mayten Avenue, south of Foothill Boulevard; and 5. A hotel located on Foothill Boulevard, east of Mayten Avenue. In order to serve these developments, new substructure and cabling infrastructure, including cables, connection and transformers needs to be completed. The cabling improvements will be paid for by the developers of each project. ANALYSIS: A request for proposals for each site was prepared and sent out to three (3) pre -qualified vendors on December 20 and 23, 2019. On January 13, 2020, three (3) proposals were received for the projects. Page 129 Staff reviewed the proposals and finds Pacific Utility Installation, Inc. as the lowest responsive bidder for the above mentioned projects. FISCAL IMPACT: An appropriation in the following amounts are required to fully fund the project: 1. $840,985 from the Rancho Cucamonga Municipal Utility Fund (Fund 705) to Account No. 1705303-5650/2028705-0 (Capital Projects -Haven Bring Up) 2. $197,715 from the Rancho Cucamonga Municipal Utility Fund (Fund 705) to Account No. 1705303-5650/2027705-0 (Capital Projects-Mayten Business Park/Hampton Inn). COUNCIL GOAL(S) ADDRESSED: The expansion of RCMU's electrical infrastructure continues to implement the City Council's Goal for Mid- and Long -Range Planning through the careful planning of new utility service to new developments within RCMU's service area. Page 130 DATE: February 12, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Gianfranco Laurie, Senior Civil Engineer Romeo M. David, Associate Engineer SUBJECT: CONSIDERATION TO ACCEPT AS COMPLETE, FILE THE NOTICE OF COMPLETION AND AUTHORIZE RELEASE OF RETENTION AND BONDS AND AUTHORIZE AN APPROPRIATION IN THE AMOUNT OF $6,940 FOR THE FISCAL YEAR 2018/19 MAJOR ARTERIAL PAVEMENT REHABILITATION PROJECT AT HAVEN AVENUE, FOOTHILL BOULEVARD AND HERMOSA AVENUE. RECOMMENDATION: Staff recommends the City Council: 1. Authorize an appropriation in the amount of $6,940 from the Measure I (Fund 177) Fund Balance to cover additional project costs; 2. Accept the Fiscal Year 2018/19 Major Arterial Pavement Rehabilitation project at Haven Avenue, Foothill Boulevard and Hermosa Avenue, Contract No. 19-079 (Project), as complete; 3. Approve the final contract amount of $1,447,921; 4. Authorize the release of the Faithful Performance Bond 35 days after recordation of Notice of Completion and accept a Maintenance Guarantee Bond; 5. Authorize the release of the Labor and Materials Bond in the amount of $1,309,989, six months after the recordation of said notice if no claims have been received; 6. Authorize the City Engineer to file a Notice of Completion and release of the project retention, 35 days after recordation of Notice of Completion; and 7. Authorize the City Engineer to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: On June 19, 2019, the City Council awarded a construction contract with All American Asphalt, in the amount $1,309,989 for the construction of the Fiscal Year 2018/19 Major Arterial Pavement Rehabilitation Project at Haven Avenue, Foothill Boulevard and Hermosa Avenue. Additionally, the City Council authorized a 10% contingency in the amount of $130,999 to address unforeseen construction related incidentals. A Vicinity Map is included as Attachment 1. The scope of work consisted of cold milling, routing and crack sealing, asphalt rubber hot mix overlay, adjusting existing manholes, water meters, and valves to new grade, installation of pavement markers and striping, green thermoplastic bike lane, video detection system, ADA ramps and related items of work per plans. Page 131 ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The net increase in the total cost of the project is a result on four (4) Change Orders, including the balancing statement is summarized below: Change Order No.1: Asphalt paving four (4) cul-de-sacs in the Andalusia Development Tract. The existing asphalt pavement was severely distressed with shrinkage cracking and block cracking throughout the streets. To avoid further damage, staff added these 4 cul-de-sacs as a change order to include an additional asphalt rubber hot mix paving, cold milling, crack sealing and re -striping. The change in contract cost due to this change order is an increase of $97,828. Change Order No.2: Installation of push button assemblies at eight (8) locations near the handicap ramp landings to meet ADA requirements. The change in contract cost due to this change order is an increase of $26,768. Change Order No.3: Installation of three (3) new countdown style pedestrian signal heads. The change in contract cost due to this change order is an increase of $4,673. Change Order NoA: The balancing statement for the project. The balancing statement conforms the final contract quantities to the actual quantities placed or constructed during the contract. The notable change is a increase in the amount $6,933 resulting from a increase in the final square footage of green bike lane thermoplastic striping due to wider bike lanes on Foothill Boulevard. At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk is authorized to release the Maintenance Bond upon approval by the City Engineer. FISCAL IMPACT: A total of $1,537,934 was budgeted in Fiscal Year 2018/19 from the Measure I (Fund 177) and Road Maintenance and Rehabilitation Act (RMRA) Fund (Fund 179) Funds, all of which are identified under Capital Improvement Project Account No's. in the amount listed below. Account No. Funding Source Description Amount 11793035650/1130179-0 RMRA Fund (179) Haven: Church -Base Line Rehab $343,790 11773035650/1932177-0 Measure I Fund (177) Foothill: Haven -Milliken Rehab $868,257 11773035650/1934177-0 Measure I Fund (177) Hermosa: Arrow -Foothill Rehab- ehabTotal $325,887 TotalProject Funding = $1,537,934 The final project cost is $1,544,867 as shown below: Expenditure Amount Final Construction Contract $1,447,921 Construction Inspection Services $59,400 Construction Materials Testing $25,196 Page 132 Construction Survey Monuments 1 $12,350 Total Project Cost = 1 $1,544,867 A shortfall of $6,933 remains outstanding thus an appropriation of $6,940 from Measure I (Fund 177) fund balance into the following project account number is required to finalize the contract and accept project closeout. Account No. Funding Source Description Amount 11773035650/1932177-0 Measure I Fund (177) Foothill: Haven -Milliken Rehab $6,940 COUNCIL GOAL(S) ADDRESSED: The item addresses the City Council Goal of Enhancing Premier Community Status by rehabilitating the existing roadway surface and extending the pavement life, use, and rideability. ATTACHMENTS: Description Attachment 1 - Vicinity Map Page 133 ATTACHMENT 1 FY18/19 MAJOR ARTERIAL PAVEMENT REHABILITATION PROJECT VICINITY MAP NOT TO SCALE Base Llne Rd Ironwood St Palo Alta St } a � m LF) Church St Heink)rk 51 hemlock Sr Ashford St Norwlek Sr n Erfen St } Durs2t St Stafford St d d EMI1--------c�Y"W-------1 AV W 1 Banyan St 1 VVAVA1 O �_ L 1 a�� `v R 0 1 Brittle Brush Ct Wintermint Ct 1 a N L � ��rta Vl,t' 1 1 � 1 1 G 3 v 1 1 d d Civir CP n Rancho Cucamonga = C c _ A p n m $1 Y � a � m Past Off!ce Bell Ct 3 m ;aroma Or # K N A Page 134 EMI1--------c�Y"W-------1 1 Banyan St 1 VVAVA1 �_ VA1 1 .OVA Spygfags 6i 1 Brittle Brush Ct Wintermint Ct 1 � ��rta Vl,t' 1 1 � 1 1 1 1 ® M Uth l Iddi 4jScho j Wild Maple Ct Cobalt Ct 1 enlddlt stho�l p 1 1 1 + rzs��t 1 1 1 1 Gypsum Dr 1 1-- --------------1 e�cam a rsga Yalleyter Andalusia Tract ofstylc�r t �p Wh Cern �.d 14l7 r.+. LCWIi n�rs Terra VIM Town Center Foothill Project Best Western heritage Inn Courthouse Civir CP n Rancho Cucamonga = C c _ A p n m $1 Y � a � m Past Off!ce Bell Ct 3 m ;aroma Or # K N A Page 134 DATE: February 12, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Gianfranco Laurie, Senior Civil Engineer Sandra Salazar, Associate Engineer SUBJECT: CONSIDERATION OF AN INCREASE IN CONSTRUCTION CONTINGENCY AND AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $31,000 FROM THE TRANSPORTATION FUND (FUND 124) FOR THE FREEWAY AND ARTERIAL SIGNAL SYNCHRONIZATION PROJECT. RECOMMENDATION: Staff recommends that the City Council: Authorize additional construction contingency in the amount of $13,000 to Elecnor Belco Electric, Inc., for additional construction cost; 2. Authorize an increase to the purchase order with Onward Engineering in the amount of $18,000 for additional on-call construction inspection services; and 3. Authorize an additional appropriation in the amount of $31,000 from the Transportation Fund (Fund 124) Fund Balance to cover additional project costs. = @4 KC] ZT601"I On October 18, 2017, the City Council awarded a construction contract to Elecnor Belco Electric, Inc., (Belco) in the amount of $566,799 for the Freeway and Arterial Signal Synchronization Project (Project). Additionally, the City Council authorized a 10% contingency in the amount of $56,680 to address unforeseen construction related incidentals. A budget for contract inspection services, equipment, implementation, testing and reporting was included as part of this construction contract award. A total combined cost of $819,120 was anticipated for this project which included design, construction, contingency, equipment, implementation, testing and reporting. A vicinity map is included as Attachment On August 1, 2018, the City Council authorized additional construction contingency in the amount of $90,000 to Belco for the Project. After reviewing the contractor's change order submittals only $60,017 was used from this appropriation to cover the cost of approved change orders. The remainder $29,983 was not encumbered but made available in the Project account. On March 20, 2019, the City Council authorized an increase to the purchase order with Onward Engineering of $20,000 for additional on-call construction inspection services. Although the appropriation was approved by City Council, the appropriation was never posted into the Project Page 135 account as the funding for this increase was encumbered from the $29,983 available funds remaining from the August 1, 2018 City Council appropriation. The remainder balance of $9,983 was not encumbered thereafter and was put back into the fund balance at the end of the Fiscal Year 2018/19. This project provides communications paths to enable the monitoring, retiming, and coordination of the city's traffic signals in the vicinity of the Haven Avenue, Base Line Road, and Foothill Boulevard Freeway Interchanges. This project also enhances the communication equipment at the State-owned interchange traffic signals along with upgrades to the Caltrans Traffic Management Center (TMC) to enable communication between the City and Caltrans TMCs. A copy of each City Council Staff Report is held on file with the City Clerk's office. ANALYSIS: At this time, Belco has submitted two (2) additional change orders totaling $9,370.70. The first change order is related to remobilization efforts due to the project temporarily on hold from continued coordination with Caltrans District 8 staff. The second change order is for the renewal and extension of two (2) Caltrans encroachment permits for the Project. Based on the current project budget an amount of $7,000 is available, however, additional funds are needed to cover the additional construction costs. Staff is asking City Council to increase the construction contingency in the amount of $13,000 to cover the remaining costs of the two (2) additional change orders and related project costs for Project closeout. Staff is recommending that the City Council authorize an additional increase in the amount of $13,000 for a total construction contingency of $129,697 (or 22.8% of the contract) to closeout the Project. Onward Engineering (Onward) is the City's on-call construction inspection firm assigned to this project. Onward's original fee proposal in the amount of $46,080 (or 8.1 % of the construction contract) anticipated a maximum daily inspection of four (4) hours per day. On March 20, 2019, the City Council authorized an additional increase in the amount of $20,000 for a total contract inspection fee of $66,080 (or 11.7% of the contract) to extend contract inspection services. Onward's budget for contract inspection at this time has been exhausted due to the amount of oversight required for the project. Staff is recommending that the City Council authorize an additional increase in the amount of $18,000 for a total contract inspection fee of $84,080 (or 14.8% of the contract) to provide contract inspection services from now until the project closeout. On this basis, staff is recommending the City Council to appropriate $31,000 for additional construction contingency as well as additional construction inspection services for the Freeway and Arterial Signal Synchronization Project. The Project is expected to be completed early Spring 2020. FISCAL IMPACT: A total of $929,834 has been budgeted for the Project from Air Quality Improvement Fund (105) and Transportation (124) funds. Additional funds from the Transportation Fund (Fund 124) Fund Balance will need to be appropriated into the following project accounts in order to cover the anticipated construction cost as necessary to complete the project. Sufficient fund balance exists to cover the additional cost as follows: Account No's. Funding Description Amount Source 11243035650/1900124-0 Transportation Fwy/Arterial Sync $31,000 (124) COUNCIL GOAL(S) ADDRESSED: Page 136 This item addresses the City Council Goal of providing for public safety by enhancing traffic management operations, which improves maintenance to ensure that traffic signals are functioning properly. The Project also addresses the City Council Goal of enhancing premier community status by improving traffic flows resulting in the reduction of fuel consumption and vehicle emissions. ATTACHMENTS: Description Attachment 1 - Vicinity Map Page 137 ATTACHMENT VICINITY MAP LEGEND: PROJECT CORRIDORS CITY OF RANCHO CUCAMONGA FREEWAY AND ARTERIAL SIGNAL N SYNCHRONIZATION PROJECT N.T.S. Page 138 DATE: February 12, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Alberto Espinoza, Public Works Services Deputy Director Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent Ruth Cain, CPPB, Procurement Manager SUBJECT: CONSIDERATION TO AWARD A CONTRACT TO K -VAC ENVIRONMENTAL SERVICES FOR HAZARDOUS WASTE REMOVAL, REMEDIATION AND DISPOSAL SERVICES IN AN AMOUNT NOT TO EXCEED $20,000 FOR THE REMAINDER OF FY 2019/2020 AND AN ANNUAL AMOUNT NOT TO EXCEED $40,000 FOR FY 2020/2021 THROUGH FY 2026/2027, CONTINGENT UPON APPROVAL OF THE FY 2020/2021 AND FUTURE BUDGETS. RECOMMENDATION: Staff recommends the City Council award and authorize the execution of a contract for hazardous waste removal, remediation and disposal services with K -Vac Environmental Services, effective April 1, 2020 for a fifteen (15) month term, with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $20,000 for the remainder of FY 2019/2020 and an annual amount not to exceed $40,000 for FY 2020/2021 through FY 2026/2027, contingent upon approval of the FY 2020/2021 and future budgets. BACKGROUND: The Public Works Services Department (PWSD), the Rancho Cucamonga Fire Protection District (RCFPD), and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. Public Works staff drafted the scope of services to perform incidental hazardous substances or hazardous waste removal; drum remediation and disposal; confined space entry and vacuum tank services on City public right-of-way and on other City or Fire District maintained property, on an as -needed basis. PWSD and RCFPD provided the scope of services to the Procurement Division to prepare a formal Request for Proposal (RFP). The Procurement Division prepared and posted RFP #19/20-021 to the City's automated procurement system. There were one hundred twenty-seven (127) vendors notified; twenty-six (26) prospective bidders downloaded the RFP documentation, and four (4) responses were received. ANALYSIS: An Evaluation Committee consisting of staff from various departments conducted a thorough analysis of the RFP responses and scored and ranked the responsive proposals. K -Vac Environmental Services, Page 139 of Rancho Cucamonga, California, was determined to be the most responsive contractor providing the best value while meeting the scope of services the specifications required. Therefore, Staff recommends the City Council award a contract to K -Vac Environmental Services, effective April 1, 2020 for a fifteen (15) month term, with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $20,000 for the remainder of FY 2019/2020 and an annual amount not to exceed $40,000 for FY 2020/2021 through FY 2026/2027. All applicable solicitation documentation is on file in Planet Bids and can be accessed through the City's website at www.cityofrc.us. An additional $80,000 will be considered separately by the Fire Board. FISCAL IMPACT: The funding for this contract is within the approved contract services budget line items for FY 2019/20. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal of Enhancing Premier Community Status and Public Safety by ensuring that the City's facilities and public right-of-way are maintained free of hazardous materials. ATTACHMENTS: Description Contract Page 140 RANCHO CUCAMONGA Attachment 1 - Contract CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT CONTRACT HAZARDOUS WASTE REMOVAL, REMEDIATION AND DISPOSAL SERVICES AWARD DATE: Wednesday, February 12, 2020 Page 141 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 12th day of February 2020, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and the Rancho Cucamonga Fire Protection District ("RCFPD") and K -Vac Environmental Services, Inc., a waste disposal company ("Contractor"). RECITALS A. City and RCFPD has heretofore issued its request for proposals to perform the following services: Hazardous Waste Removal, Remediation and Disposal Services (RFP 19/20-021) ("the Project"). B. Contractor has submitted a proposal to perform the services described in Recital "A", above, necessary to complete the Project. C. City and RCFPD 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 and RCFPD hereby engages Contractor to perform all services described in Recitals "A" and `B" above, including, but not limited to Hazardous Waste Removal, Remediation and Disposal Services; all as more fully set forth in RFP 19/20-021, attached hereto as Exhibit A Contractor's proposal, dated November 20, 2019, attached hereto as Exhibit B, and Schedule of Lump Sum and Unit Costs attached hereto as Exhibit C, hereinafter entitled "Scope of Work", and incorporated by reference herein. 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 and RCFPD, the Contractor will promptly meet with City and RCFPD staff to discuss any revisions to the Project desired by the City and RCFPD. 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 PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 1 Page 142 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 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 and RCFPD 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 and RCFPD of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City and RCFPD 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, 2021. No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of six (6) additional years, unless sooner terminated as provided in Section 14 herein. Contractor may request a Cost of living Increase in an amount not to exceed the increase in the March index of the Consumer Price Index All Urban Consumers for the Riverside -San Bernardino -Ontario, California area published by the U.S. Department of Labor, Bureau of Labor Statistics. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City and RCFPD. 3. Compensation. 3.1 Compensation. City and RCFPD shall compensate Contractor as set forth in Exhibit C, provided, however, that full, total and complete amount payable to Contractor shall not exceed $30,000 (Thirty Thousand Dollars) for services during the City and RCFPD fiscal year ending June 30, 2020 and $50,000 (Fifty Thousand Dollars) for the City and RCFPD fiscal year ending June 30, 2021, including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City and RCFPD shall not withhold any federal, state or other taxes, or other deductions. However, City and RCFPD shall withhold not more than ten percent (10%) of any invoice amount PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 2 Page 143 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 and RCFPD shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City and RCFPD monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered 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 and RCFPD shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City and RCFPD 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 and RCFPD. 5. Representatives. 5.1 City and RCFPD Representative. For the purposes of this Agreement, the contract administrator and City and RCFPD's representative shall be William Wittkopf, or such other person as designated in writing by the City and RCFPD ("City and RCFPD Representative"). It shall be Contractor's responsibility to assure that the City and RCFPD 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 and RCFPD to the City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Diana Knifer, C.E.O. 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 and RCFPD 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 and RCFPD. 6. Contractor's Personnel. PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 3 Page 144 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 and RCFPD 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. 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 RCFPD and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD 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 and RCFPD shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City and RCFPD from Contractor as a result of Contractor's failure to promptly pay to City and RCFPD 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 and RCFPD. 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 and RCFPD without restriction or limitation upon its use or dissemination by City and RCFPD. 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 and RCFPD. 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 and RCFPD. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City and RCFPD upon written demand by City and RCFPD for their delivery, notwithstanding any disputes between Contractor and City and RCFPD concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City and RCFPD's reuse of the Work Product for any purpose other than the Project, shall be at City and RCFPD's sole risk. PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 4 Page 145 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City and RCFPD by Section 7. 1, above, the Contractor shall be deemed to grant and assign to City and RCFPD, and shall require all of its subcontractors to assign to City and RCFPD, 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 the maximum extent permitted by law. City and RCFPD 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 PropertX. 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 and RCFPD has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City and RCFPD, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, harmless from any loss, claim or liability in any way related to a claim that City and RCFPD'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 and RCFPD'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 and RCFPD the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City and RCFPD; 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 and RCFPD, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City and RCFPD or otherwise act as an agent of City and RCFPD. Neither City and RCFPD 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 and RCFPD. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City and RCFPD harmless from any and all taxes, assessments, penalties, and interest asserted against City and RCFPD 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 and RCFPD 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 PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 5 Page 146 written authorization by City and RCFPD. City and RCFPD shall grant such authorization if applicable law requires disclosure. All City and RCFPD data shall be returned to City and RCFPD 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 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 87 100) in any decision made by City and RCFPD 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 and RCFPD 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 and RCFPD 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 and RCFPD, 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 RCFPD, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials and RCFPD, (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, PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 6 Page 147 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 and RCFPD'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 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 and RCFPD, or the deposit with City and RCFPD, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subro ag tion. 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. 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 and RCFPD, 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 General Liability Insurance or other form with a general aggregate limit shall PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 7 Page 148 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 and RCFPD. 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 RCFPD and shall not reduce the limits of coverage. City and RCFPD 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, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD 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, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD 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, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials. Any insurance or self-insurance maintained by City, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials shall be in excess of Contractor's insurance and shall not contribute with it. PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 8 Page 149 (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 and RCFPD 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 and RCFPD, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials. (6) Each policy shall be issued by an insurance company approved in writing by City and RCFPD, 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 and RCFPD in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City and RCFPD 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 and RCFPD before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City and PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 9 Page 150 RCFPD 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 and RCFPD in the same manner and to the same extent as Contractor is bound to City and RCFPD 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 and RCFPD relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City and RCFPD might require. City and RCFPD shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City and RCFPD 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 and RCFPD exercises its right to terminate this Agreement, City and RCFPD 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 and RCFPD by reason of such termination, including any claim for compensation. City and RCFPD 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 and RCFPD ten (10) business days prior written notice for any of the following: (1) uncured breach by the City and RCFPD 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 and RCFPD's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the 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 and RCFPD: William Wittkopf City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 10 Page 151 If to Contractor: Diana Knifer, CEO K -VAC Environmental Services, Inc. 8910 Rochester Ave. Rancho Cucamonga, CA 91730 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 and RCFPD'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 hqp://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 and RCFPD, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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 and RCFPD of any payment to Contractor constitute or be construed as a waiver by City and RCFPD 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 and RCFPD shall in no way impair or prejudice any right or remedy available to City and RCFPD 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 PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 11 Page 152 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 and RCFPD. 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. PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 12 Page 153 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: K -VAC Environmental Services, Inc. By: Name Title By: Name Date Date Title (two signatures required if corporation) PSA without professional liability insurance (contractor) Last Revised: 10/02/13 City of Rancho Cucamonga By: Name Date Title Rancho Cucamonga Fire Protection District By: Name Date Title v enaor ininais Page 13 Page 154 ATTACHMENTS • Attachment A — Sample Additional Insured Endorsement, Ongoing Operations • Attachment B — Sample Additional Insured Endorsement, Completed Operations • Attachment C — Sample Waiver of Subrogation PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10102113 Page 14 Page 155 Attachment A — Sample Additional Insured Endorsement, Ongoing Operations POLICY NUMBER:— COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District (RCFPD), Their Officers, Officials, Employees, designated Volunteers and agents serving as independent contractors in the role of City or RCFPD Officials. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II —Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations per- service, maintenance or repairs) to be formed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed, added: or 2. Exclusions This insurance does not apply to ''bodily in- jury" or''property damage" occurring after: CG 20 10 10 01 (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2000 PSA without professional liability insurance (contractor) Last Revised: 10/02113 Page 1 of 1 ❑ Venaor Initials Page 15 Page 156 Attachment B — Sample Additional Insured Endorsement, Completed Operations POLICY NUMBER:— COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District (RCFPD), Their Officers, Officials, Employees, designated Volunteers and agents serving as independent contractors in the role of City or RCFPD Officials. Attn: Public Works 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 Description of Completed Operations: Additional Premium: Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of ''your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations ha- zard". CG 20 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 16 Page 157 Attachment C — Sample Waiver of Subrogation POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District, and their elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COM MERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 17 Page 158 SCOPE OF WORK Scope of Work Contents: • Exhibit A — RFP 19/20-021 • Exhibit B — Contractor's proposal, dated November 20, 2019 • Exhibit C — Unit Costs PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 18 Page 159 RANCHO CUCAMONGA REQUEST FOR PROPOSAL ("RFP") #19/20-021 FOR HAZARDOUS WASTE REMOVEL, REMEDIATION AND DISPOSAL SERVICES ON AN AS NEEDED BASIS City of Rancho Cucamonga Procurement Division 10500 Civic Center Drive Rancho Cucamonga, California 91730 Page 160 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis Table of Contents 1. OVERVIEW....................................................................................................................................... 4 I.I. GENERAL BACKGROUND......................................................................................................................... 4 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS.......................................................................................... 4 1.3. DISCREPANCIES OR OMISSIONS................................................................................................................ 4 1.4. CONTINGENCIES................................................................................................................................... 5 1.5. QUESTIONS AND CLARIFICATIONS............................................................................................................. 5 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION ................................................ 5 1.7. BRAND NAMES.................................................................................................................................... 6 1.8. KNOWLEDGE OF REQUIREMENTS.............................................................................................................. 6 1.9. RESERVATION OF RIGHTS........................................................................................................................ 6 1.10. CALIFORNIA'S PUBLIC RECORDS ACT......................................................................................................... 7 2. MINIMUM REQUIREMENTS.............................................................................................................7 2.1. BUSINESS LICENSE................................................................................................................................. 7 2.2. PREVAILING WAGES.............................................................................................................................. 8 2.3. REPRESENTATIVES.................................................................................................................................8 2.4. EMPLOYEE CONDUCT............................................................................................................................. 9 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS........................................................... 9 3.1. COVER LETTER / INTRODUCTION............................................................................................................ 10 3.2. TABLE OF CONTENTS........................................................................................................................... 10 3.3. EXECUTIVE SUMMARY......................................................................................................................... 10 3.4. EXPERIENCE.......................................................................................................................................10 3.5. THIRD-PARTY/SUBCONTRACTORS......................................................................................................... 10 3.6. STAFF BIOGRAPHIES............................................................................................................................ 11 3.7. PROPOSAL RESPONSE.......................................................................................................................... 11 3.8. EXHIBITS A THROUGH H....................................................................................................................... 11 3.9. NON -DISCLOSURE CONFLICT OF INTEREST................................................................................................ 11 3.10. PROFESSIONAL SERVICE AGREEMENT...................................................................................................... 12 3.11. ACKNOWLEDGEMENT OF INSURANCE....................................................................................................... 12 Page 2 of 31 Page 161 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 3.12. ADDENDUM ACKNOWLEDGEMENT.......................................................................................................... 12 3.13. DEBARMENT AND SUSPENSION.............................................................................................................. 12 3.14. PARTICIPATION CLAUSE........................................................................................................................ 13 3.15. SIGNATURE OF AUTHORITY................................................................................................................... 13 1.1 COMPANY REFERENCES........................................................................................................................ 13 1.2 LINE ITEM PRICING.............................................................................................................................. 13 4. SCOPE OF SERVICES..................................................................................................................................13 4.1. PURPOSE........................................................................................................................................ 13 4.2. SERVICES....................................................................................................................................... 14 4.3. SCHEDULED SERVICES................................................................................................................... 15 5. EVALUATION AND VENDOR SELECTION PROCESS.................................................................................... 20 5.1. INITIAL SCREENING.............................................................................................................................. 20 5.2. EVALUATION ACTIVITIES....................................................................................................................... 20 5.3. COST EVALUATION.............................................................................................................................. 20 5.4. REFERENCE CHECKS............................................................................................................................. 20 5.5. DEMONSTRATIONS/ INTERVIEWS........................................................................................................... 21 5.6. FINANCIAL DOCUMENTATION................................................................................................................ 21 5.7. BEST AND FINAL OFFER........................................................................................................................ 22 5.8. VENDOR SELECTION............................................................................................................................ 22 5.9. LETTER OF INTENT TO AWARD............................................................................................................... 22 "EXHIBIT A" CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT.......... 23 "EXHIBIT B" PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY ................................................ 24 "EXHIBIT C" ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED......................................................................................... 25 „EXHIBIT D" ADDENDUM ACKNOWLEDGEMENT............................................................................................26 "EXHIBIT E" DEBARMENT and SUSPENSION CERTIFICATION FORM................................................................27 „EXHIBIT F" PARTICIPATION CLAUSE...............................................................................................................28 „EXHIBIT G" SIGNATURE OF AUTHORITY........................................................................................................ 29 „EXHIBIT H" REFERENCES WORKSHEET...........................................................................................................30 Page 3 of 31 Page 162 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 1. OVERVIEW 1.1. GENERAL BACKGROUND The City of Rancho Cucamonga (hereinafter "City") and the Rancho Cucamonga Fire Protection District (hereinafter "RCFPD") is inviting qualified Vendors (hereinafter "Vendor") to submit a proposal response for Request for Proposals ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis in accordance with the minimum Scope of Services and Specifications indicated herein. Vendors wishing to participate in the RFP solicitation must be registered as a Vendor on Planet Bids through the City's website at https://www.cityofrc.us/your-government/procurement. Only those responses received from registered Vendors will be accepted. Responses must be submitted by the named Vendor that has downloaded the RFP, this information is indicated in the bid system and provides the ability to tabulate the responses in accordance to the named Vendors. Submitting a response under a Vendor name that does not appear to be on the Prospective Bidders list will be deemed as non-responsive and disqualify said response from further consideration. 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS Complete RFP responses must be received electronically via Planet Bids prior to the due date and time specified in the below Schedule of Events. Please note, there will be no paper responses accepted. The City and RCFPD shall not be responsible for any delays by transmission errors. Schedule of Events Event Description Date & Time Post RFP October 30, 2019 Questions Due November 18, 2019 Addendum Issued November 21, 2019 RFP Response Due Date November 27, 2019 (The City reserves the right to change schedule of events without prior notice or responsibility to Vendor.) 1.3. DISCREPANCIES OR OMISSIONS Vendors finding discrepancies or omissions in the RFP or having any doubts as to the meaning or intent of any part thereof shall submit such questions or concerns in writing electronically via Planet Bids. The City and RCFPD bears no responsibility for oral instructions or representations. Addenda to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. Page 4 of 31 Page 163 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 1.4. CONTINGENCIES This RFP should not be considered as a contract to purchase goods or services but is a Request for Proposal in accordance with the terms and conditions herein and will not necessarily give rise to a Contract. Completion of this RFP form and its associated appendices are a requirement. Failure to do so may disqualify your RFP response submittal. Vendors must submit signed RFP responses by the due date and time as specified herein. Vendors will be considered non-responsive if the above requirements are not submitted as requested. If only one RFP response is received, the City and RCFPD reserves the right to reject the response and re -bid the RFP. Any scope of services, contingencies, special instruction and/or terms and conditions applicable to this RFP and any purchase order derived thereafter shall be effective as of the issue date of a purchase order for the requested work (the "Effective Date"), and shall remain in full force and effect until sixty (60) days after the City and RCFPD has accepted the work in writing and has made final payment, unless sooner terminated by written agreement signed by both parties. 1.5. QUESTIONS AND CLARIFICATIONS All questions or clarification requests must be submitted directly through the City's bid system no later than the due date and time indicated in the above Schedule of Events. Answers and/or clarifications will be provided in the form of an Addendum and will be posted for download from the City's bid system in accordance with the above "Schedule of Events". From the issuance date of this RFP until a Vendor is awarded, Vendors are not permitted to communicate with any City and RCFPD staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Ruth Cain, CPPB, Procurement Manager, the designated representative of the City of Rancho Cucamonga. 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION All materials submitted in response to the RFP solicitation will become the property of the City and RCFPD and will be returned only at the City and RCFPD's option and at the expense of the Vendor submitting the RFP response. A copy of the RFP response will be retained for official files and become a public record. Any material that a Vendor considers as confidential but does not meet the disclosure exemption requirements of the California Public Records Act should not be included in the Vendor's RFP response as it may be made available to the public regardless of a notation or markings of confidentiality or otherwise. Page 5 of 31 Page 164 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 1.7. BRAND NAMES Any reference to brand names and/or numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified. RFB responses offering equivalent items meeting the standards of quality specified may be considered, unless other specified, providing the RFB response clearly describes the article offered and how it differs from the referenced brand. Unless a Vendor specifies otherwise, it is understood that the Vendor is offering a referenced brand item as specified in the solicitation. The City/RCFPD reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the City/RCFPD may require the supply of additional descriptive material and a sample. 1.8. KNOWLEDGE OF REQUIREMENTS The Vendor shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the RFP response. Failure to examine any documents, drawings, specifications, or instructions will be at the Vendor's sole risk. Vendors shall be responsible for knowledge of all items and conditions contained in their RFP responses and in this RFP, including any City issued clarifications, modifications, amendments, or addenda. The City will provide notice of any changes and clarifications to perspective Vendors by way of addenda to Planet Bids; however, it is the Vendor's responsibility to ascertain that the RFP response includes all addenda issued prior to the RFP due date. 1.9. RESERVATION OF RIGHTS The issuance of this RFP does not constitute an agreement by the City and RCFPD that any contract will be entered by the City and RCFPD. The City and RCFPD expressly reserves the right at any time to: • Waive or correct any defect or informality in any response, RFP, or RFP procedure. • Reject any or all RFPs. • Reissue a Request for RFPs. • Prior to submission deadline for RFPs, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the RFPs. • The City and RCFPD recognizes that price is only one of several criteria to be used in judging a product or service, and the City and RCFPD is not legally bound to accept the lowest RFP response. Page 6 of 31 Page 165 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis • The City and RCFPD reserves the right to conduct pre -award discussions and/or pre -Contract negotiations with any or all responsive and responsible Vendors who submit RFP responses. • Procure any materials, equipment or services specified in this RFP by any other means. • Determine that no project will be pursued. • The City and RCFPD reserves the right to inspect the Vendor's place of business prior to award or at any time during the contract term or any extension thereof, to determine the Vendor's capabilities and qualifications. 1.10. CALIFORNIA'S PUBLIC RECORDS ACT The City and RCFPD complies with the California Public Records Act, Government Code Section 6250 et seq, Public records are open to inspection always during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. Neither an RFP in its entirety, nor proposed prices shall be considered confidential and proprietary. Notwithstanding the foregoing, companies are hereby notified that all materials submitted in response to this RFP are subject to California's Public Records Act. The City and RCFPD's receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by the City and RCFPD or any obligation or duty to prevent the disclosure of any such information except as required by Government Code Section 6253. Companies who submit information they believe should be exempt from disclosure under the Public Records Act shall clearly mark each document as confidential, proprietary or exempt, and state the legal basis for the exemption with supporting citations to the California Code. Pursuant to California Law, if the information is requested under the Public Records Act, the City and RCFPD shall make a final determination if any exemption exists for the City and RCFPD to deny the request and prevent disclosure. The City and RCFPD will withhold such information from public disclosure under the Public Records Act only if the City and RCFPD determines, in its sole discretion, that there is a legal basis to do so. 2. MINIMUM REQUIREMENTS 2.1. BUSINESS LICENSE A selected Vendor awarded a Contract shall be required to obtain a Rancho Cucamonga Business License no later than five (5) business days from notification of award prior to being issued a Purchase Order. A selected Vendor must possess and maintain all appropriate licenses/certifications necessary in the performance of duties required under this RFP and will provide copies of licenses/certifications immediately upon request throughout the term of the Contract. Page 7 of 31 Page 166 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 2.2. PREVAILING WAGES Where labor is required for a public work as a part of any requirement covered by this RFP, pursuant to the provisions of the Labor Code of the State of California and/or the federal Davis -Bacon Act, a selected Vendor(s) shall pay no less than those minimum wages unless an exemption applies. 2.3. REPRESENTATIVES Should a selected Vendor require the services of a third -party to complete the Scope of Services indicated in this RFP, the awarded Vendor will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof. Any attempt by the awarded Vendor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. The awarded Vendor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services including Vendors subcontractor. All Services shall be performed by the awarded Vendor or under the awarded Vendor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law to perform such services. The awarded Vendor 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, Vendor 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. In case of default by the Vendor, the City and RCFPD may take the following actions which shall include but not be limited to; cancellation of any purchase order, procurement of the articles or service from other sources and may deduct from unpaid balance due to the Vendor, or may bill for excess costs so paid, and the prices paid by the City and RCFPD shall be considered the prevailing market prices paid at the time such purchase is made, withholding of payment until final resolution. Cost of transportation, handling, and/or inspection on deliveries, or Vendors for delivery, which do not meet specifications, will be for the account of the Vendor. City and RCFPD Representative: For the purposes of this Agreement, the contract administrator and City and RCFPD's representative shall be Ernest Ruiz, or such other person as designated in writing by City and RCFPD ("City and RCFPD's Representative"). It shall be the Vendor's responsibility to assure that City and RCFPD's Representative is kept informed of the progress of the performance of the services, and the Vendor shall refer any decisions that must Page 8 of 31 Page 167 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis be made by City and RCFPD to City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. Vendor Reoresentative: The response to this RFP shall designate the representative of the Vendor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Vendor's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Vendor's Representative will be a substantial inducement for City and RCFPD to enter into an Agreement with the Vendor. Therefore, the Vendor's Representative shall be responsible during the term of any Agreement for directing all activities of Vendor and devoting enough time to personally supervise the services hereunder. The successful Vendor may not change the Vendor's Representative without the prior written approval of City and RCFPD's Representative. 2.4. EMPLOYEE CONDUCT All Vendor personnel must observe all City and RCFPD regulations in effect at the location where the Services are being conducted. While on City and RCFPD property, the Vendor's personnel shall be subject to oversight by City and RCFPD staff. Under no circumstances shall the Vendor's or Vendor's sub -contractor personnel be deemed as employees of the City and RCFPD. Vendor or Vendor's subcontractor personnel shall not represent themselves to be employees of the City and RCFPD. Vendor's personnel will always make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City and RCFPD and City and RCFPD employees. The Vendor's personnel shall be required to work in a pleasant and professional manner with City and RCFPD employees, outside Vendors and the public. Nothing contained in this RFP shall be construed as granting the Vendor the sole right to supply personal or contractual services required by the City and RCFPD or without the proper City and RCFPD approval and the issuance of a Purchase Order. 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS Completion of this RFP form and its associated Exhibits are a requirement. To be considered responsive and evaluate RFP responses fairly and completely Vendors must comply with the format and submission requirements set out in this RFP, and provide all information requested. Failure to comply with this instruction will deem said RFP response as non-responsive and will not receive further consideration in the evaluation process. If only one RFP response is received, the City and RCFPD reserves the right to discard the response, re -bid or proceed with an RFP review and negotiations. Page 9 of 31 Page 168 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis RFP responses are due on the date and time indicated in the above schedule of events. Submittals shall be submitted electronically via Planet Bids; no paper RFP responses will be accepted. RFP responses must include the information required by this RFP. 3.1. COVER LETTER/ INTRODUCTION RFP responses must include the complete name and address of Vendor and the name, mailing address, and telephone number of the contact person regarding the RFP response. A signature by an authorized representative must be included on each RFP response. Said signature will be considered confirmation of the Vendors ability and willingness to comply with all provisions stated herein. 3.2. TABLE OF CONTENTS The Table of Contents must be a comprehensive listing of the contents included in your RFP response. This section must include a clear definition of the material, exhibits and supplemental information identified by sequential page numbers and by section reference numbers. Each section of the RFP response will be separated by a title page at the beginning of each section. 3.3. EXECUTIVE SUMMARY The Executive Summary shall condense and highlight the contents of the Vendor's RFP response to provide the Evaluation Committee with a broad understanding of the Vendor's approach, proposal, experience and staffing. 3.4. EXPERIENCE The Vendor shall provide a concise statement demonstrating the Vendor's qualifications, experience, expertise and capability to perform the requirements of this RFP. Provide a brief history of your company, including; • The number of years in business, • The firm's service commitment to customers, • If the firm is involved in any pending litigation that may affect its ability to provide its proposed solution or ongoing maintenance or support of its products and services. • A statement as to whether your firm is an individual proprietorship, partnership, corporation, or private nonprofit firm, and the date your company was formed or incorporated. 3.5. THIRD -PARTY/ SUBCONTRACTORS If the Vendor intends to subcontract, a detailed list of any sub -contractors, partners, or third -party Vendors who will be involved in the implementation of the proposed services including but not limited to: • Description of the Vendor's experience with each of the proposed subcontractors, Page 10 of 31 Page 169 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis • Three (3) customer references for each subcontractor to include references names, addresses, and telephone numbers, for products and services like those described in this RFP, • Describe the specific role of each. 3.6. STAFF BIOGRAPHIES Submit the resumes of the individuals who will be performing the services for the City and RCFPD. Resumes shall be formatted in the following order: • Position with the Company, • Length of time with the Company, • Licenses, registrations and certifications as required by law to perform the Scope of Work described herein, • Educational background, • Role in the Project, • Experience with the minimum requirements stated herein, • Work history on similar or like projects with the other municipalities. 3.7. PROPOSAL RESPONSE Under this section Vendors shall provide a full, detailed response to the City and RCFPD's Scope of Services listed herein. Vendors should be as thorough as possible in their response as it may be the only opportunity to convey information regarding your business, ability and qualifications to complete the services needed. 3.8. EXHIBITS A THROUGH H The following named Exhibits A through H are a requirement. All required exhibits must be complete and signed where required and submitted in the bid system under the Response Types, Exhibits A — H. 3.9. NON -DISCLOSURE CONFLICT OF INTEREST Specify any possible conflicts of interest with your current clients or staff members and the City and RCFPD. A signed "Exhibit A, Conflict of Interest and Non -Disclosure Agreement" included herein must be submitted under this section. Page 11 of 31 Page 170 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 3.10. PROFESSIONAL SERVICE AGREEMENT In addition to the acceptance of the City's Terms and Conditions, the successful Vendor will be required to enter into a Professional Services Agreement ("PSA") with the City and RCFPD, a "Sample" of which is attached in the City's bid system for review. All requirements of said PSA must be completed by the successful Vendor and signed by both applicable parties prior to any services being rendered. This RFP sets forth some of the general provisions which may be included in the final PSA. In submitting a response to this RFP, Vendor will be deemed to have agreed to each clause unless otherwise indicated in "Exhibit B, Professional Services Agreement Exceptions Summary" and the City and RCFPD agrees to either accept the objection or deviation or change the PSA language in writing. Failure to raise any objections at the time of this RFP response submittal will result in a waiver of objection to any of the contractual language in the PSA at any other time. The signed Exception Summary shall be included under this section of the RFP response. 3.11. ACKNOWLEDGEMENT OF INSURANCE Vendors must meet all insurance requirements as outlined in the Professional Services Agreement. Ability to comply with said requirements must be indicated with signature of "Exhibit C, Acknowledgement of Insurance Requirements and Certification of Ability to Provide and Maintain Coverages Specified", which must be submitted with the Bid under the Insurance tab. The awarded Vendor will be responsible for providing the required Certificates of Insurance and must be the Named Insured on the Certificates. Certificates of Insurance from any other entity other than the awarded Vendor, will not be accepted. 3.12. ADDENDUM ACKNOWLEDGEMENT The Vendor shall hereby acknowledge they have received all posted Addendums, if any. It is the Vendor's responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Addenda issued in correspondence to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. Vendors must indicate their acknowledgement of any Addendums by way of signature on "Exhibit D, Addendum Acknowledgement" and must be included under this section of the RFP response. 3.13. DEBARMENT AND SUSPENSION Bidding Vendors must verify by way of signature to "Exhibit E, Vendor Certification Form" that they are not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California. The signed exhibit must be included under this section of the RFP response. Page 12 of 31 Page 171 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 3.14. PARTICIPATION CLAUSE Vendors shall provide a completed "Exhibit F, Participation Clause", must be included with the Vendors RFP response. This will indicate a Vendors agreement to or not to allow other entities to utilize the RFP response and awarded contract as a piggyback option. 3.15. SIGNATURE OF AUTHORITY "Exhibit G", Signature of Authority must be included with the Vendor RFP response. Unsigned RFP responses will not be accepted. The Signature of Authority declares that the Vendor has carefully examined the instruction indicated herein including all terms and condition and specifications, and hereby proposes and agrees, if the Vendors RFP response is accepted, Vendor agrees to furnish all material in accordance with the instruction and specifications in the time and manner prescribed for the unit cost amounts set forth in the Vendors RFP response. 3.16. COMPANY REFERENCES Provide a minimum of four (4) references, preferably with other municipalities in which similar services are being performed. References must be for work performed or completed within the past three (3) years. "Exhibit H, Reference Worksheet", must be complete and uploaded into the Planet Bid system under the "Response Type" section identified as "Exhibit H". While the Reference Worksheet accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the "Response Type" section in Planet Bids. 3.17. LINE ITEM PRICING Line item pricing for this RFP must be provided directly in the Planet Bids system under the "Line Items" tab. This pricing is not an estimate and is firm fixed price for each item listed. Vendors pricing quotes outside of the pricing listed in Planet Bids under the "Line Items" tab will not be accepted or considered for award. Any additional cost required should be noted in the additional cost line item and a summary of the cost provided in the notes section of the line item. While Line item pricing accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the "Line Item" tab in Planet Bids. The City and RCFPD will not be obligated to any estimated pricing or pricing not identified in the "Line Item" tab in Planet Bids. Failure to provide the required Line Item pricing in the required format will cause Vendors RFP response to be considered as non-responsive and be eliminated from proceeding any further in the process. Any questions or clarifications regarding how to correctly submit Line Item pricing should be submitted by the "Questions Due" date and time indicated in the schedule of events. gM141912411111&1":0["1 4.1. PURPOSE Page 13 of 31 Page 172 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis The City and RCFPD's goal are to partner with qualified, responsible firm to perform incidental hazardous substances or hazardous waste removal; drum remediation and disposal; confined space entry and/or vacuum tank services on City and RCFPD public rights -of- way and on other City and RCFPD maintained property, on an as -needed or emergency basis (the Services). Proposals submitted in response to this RFP shall comply with the minimum requirements of this RFP. In addition, any changes to the following Services standards during the performance of the Services must be approved by the City and RCFPD Representative prior to the Contractor's application of the changes. The following specifications detail the City and RCFPD's minimum requirements for performance of this Contract. For the purposes of this contract, the term "waste" shall mean all of the following: hazardous substances, hazardous waste, biohazardous waste, medical solid waste, sharps waste, homeless encampments, and human waste. A waste type will be specifically noted if additional requirements must be met for that waste type. The word "hazardous waste" has been used to mean collectively all California Title 22, and California Health and Safety Code regulatory definitions of "hazardous waste", "recyclable waste", and "universal waste". 4.2. SERVICES The Services include the proper containment, transportation and disposal of all waste generated and collected in performance of the incidental hazardous waste removal, including all wash water/waste water and all related constituents, which are likely to include cleaning/disinfectant products and biohazardous materials on City and RCFPD-owned property and rights of way. At the City and RCFPD's direction, Contractor shall also undertake additional associated services that are necessary to successfully accomplish the Services, such as, but not limited to, posting of no parking signs prior to performing the services, traffic control and barricading an area off to protect the public while completing the services. The Services may occur Citywide or on any property owned or maintained by the City and RCFPD. During performance of the Services, Contractor shall not cause any non -storm water discharges to the City's municipal separate storm sewer system (MS4). Contractor shall adhere to storm water best management practices to the greatest extent possible. Any discharge to the MS4 shall be controlled, contained and captured. Contractor is responsible for providing all labor, materials, supplies, equipment, permits, documentation, containers, and transportation/disposal necessary to successfully perform the Services. Contractor shall obtain the City and RCFPD's consent as to the type of disinfectant product that Contractor will use to perform the Services. Any variations from the disinfection process and chemicals provided in the instructions in Attachment Al must be pre -approved by the City and RCFPD prior to implementation. Upon completion of services Contractor shall provide the City and RCFPD Representative with a job ticket to include labor, equipment and materials used. Page 14 of 31 Page 173 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 4.3. SCHEDULED SERVICES Contractor shall perform any scheduled services during normal working hours between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, excluding recognized City and RCFPD. Services shall be scheduled with the City and RCFPD Representative. a. Non -Emergency, As -Needed Services ("Spot" Clean -Up) Contractor shall perform any as -needed scheduled or unscheduled spot cleaning at the City and RCFPD's direction between the hours of 7:00 a.m. to 5:00 p.m., unless the City and RCFPD requires as -needed Services outside these hours. Contractor's initial responder for a non -emergency must be on site within two -hours of initial contact and work with the City and RCFPD's Representative or designee, as to location and pertinent circumstances involved at location. The Contractor's initial responder shall be responsible for providing an estimated break -down of required staffing, equipment and completion time for the as needed work to be completed. Upon being notified by the City and RCFPD, Contractor is to dispatch unit to complete the needed work. Contractor agrees to dispatch sufficient forces and equipment to furnish all labor, materials, equipment, supplies, and vehicles to provide unscheduled or emergency services necessary to identify, disinfect, contain, collect, clean up and remove all Wastes, and other materials, spilled, abandoned, or seized, including the removal of all wash water used to clean contaminated surfaces. All such action shall be completed to the City and RCFPD's satisfaction. The Contractor will have staff on call during normal business hours to receive requests for services. Requests for services may be requested outside of normal business hours depending on needs of the City and RCFPD. These requests are not to be considered "emergency" requests if scheduled in advance. b. Emergency, As -Needed Services ("Spot" Clean -Up) Contractor shall perform any as -needed emergency spot cleaning at the City and RCFPD's direction 24 -hours, 7 days a week. Contractor's initial responder for an emergency must be on site within one-hour of initial contact with the City and RCFPD's Representative or designee, as to location and pertinent circumstances involved at location. The Contractor's initial responder shall be responsible for providing an estimated break -down of required staffing, equipment and completion time for the as needed work to be completed. Upon being notified by the City and RCFPD, Contractor is to dispatch unit to complete the needed work. Contractor agrees to dispatch sufficient forces and equipment to furnish all labor, materials, equipment, supplies, and vehicles to provide unscheduled or emergency services necessary to identify, disinfect, contain, collect, clean up and remove all Wastes, and other materials, spilled, abandoned, or seized, including the Page 15 of 31 Page 174 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis removal of all wash water used to clean contaminated surfaces. All such action shall be completed to the City and RCFPD's satisfaction. The Contractor will have staff on-call afterhours to receive requests for services. c. Labor The fixed hourly rate shall be all-inclusive of all related costs that the Contractor will incur to provide non- emergency and emergency as -needed services, including, but not limited to: employee wages and benefits; clerical support; overhead; profit; licensing; insurance; materials; supplies; tools; equipment; telecommunications; document copying; etc. Man-hours paid under this contract shall be only for productive hours at the job site. Time spent for transportation of workers, material acquisition, handling and delivery, or for movement of Contractor owned or rental equipment is not chargeable directly but is overhead and the cost shall be included in the hourly rate. The regular hourly rate for labor shall be paid for all hours worked during the City and RCFPD's regular working hours from 7:00 a.m. to 5:00 p.m. The overtime labor rate shall be paid for work completed at times other than regular working hours, including City and RCFPD holidays. Contractor must have prior verbal and/or written approval to work outside normal business hours. d. Specific Regulations Applicable to the Services Contractor shall assume full responsibility for compliance with all applicable state, federal and local laws and regulations, including but not limited to laws and regulations pertaining to Waste transport and Waste disposal. All Waste transport and Waste disposal must be conducted in compliance with: • 40 CFR Part 263 - Standards Applicable to Transporters of Hazardous Waste • 49 CFR Subtitle B, Chapter I - Pipeline and Hazardous Materials Safety Administration, Department of Transportation • California Code of Regulations (CCR), Title 22, Division 4.5, Chapter 13 — Sections 66263.10 - 66263.50: Standards Applicable to Transporters of Hazardous Waste • California Health and Safety Code Division 20, Chapter 6.5, Article 6: Transportation • California Health and Safety Code Division 20, Chapter 6.5, Article 6.5: Hazardous Waste Haulers • California Health and Safety Code Sections 117600-118360. Medical Waste Management Act e. Storage and Management of Hazardous Substances, Hazardous Wastes and Biohazardous Wastes Contractor shall handle all Waste and specifically hazardous substances, hazardous wastes, biohazardous wastes, or items, and equipment containing hazardous substances, or hazardous wastes in a manner that minimizes the possibility of a release. Contractor shall store all hazardous substances, hazardous waste, and biohazardous wastes that are collected under this Contract in a compliant, compatible, and closed container Page 16 of 31 Page 175 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis with a legible completed label identifying the contents. Contractor shall utilize the most cost-effective container sizes permitted in the regulations. Contractor shall ensure that all Waste containers and their labels are properly completed and in compliance with all applicable regulations, prior to transportation of the Waste containers to a Treatment, Storage and Disposal Facility (TSDF). Contractor shall take possession of the containerized Waste including hazardous waste and biohazardous waste, load the containerized Waste onto Contractor's vehicle(s), transport the Waste to an approved, licensed TSDF, and properly dispose of the Waste. f. Waste Packaging and Labeling Contractor shall use containers to package hazardous waste that are compatible with the waste (in accordance with Title 22, California Code of Regulations, Section 66265.172), maintained in good condition (in accordance with Title 22, California Code of Regulations, Section 66265.171), and kept closed unless Contractor is in the process of adding or removing waste (in accordance with Title 22, California Code of Regulations, Section 66265.173). Contractor shall ensure that any packaging used to store or transport hazardous waste off-site, complies with Title 49, Code of Federal Regulations, Parts 173, 178, and 179, and that the packaging is labeled and prepared for transportation in accordance with Title 22, California Code of Regulations, Article 3. Contractor shall ensure all biohazardous waste is packaged, stored, transported and disposed of in accordance with the California Health and Safety Code Sections 117600-118360. Contractor shall ensure a hazardous waste label is affixed to the packaging and filled out at the time when a hazardous waste or substance is first placed in the packaging. The label at a minimum shall include the generator information, contents of the container, physical state and hazardous properties of the waste, and the initial accumulation date. If a specific project exceeds seven (7) calendar days in length, Contractor shall maintain an inventory of hazardous waste containers that identifies each waste container and its accumulation start date. Contractor shall use a numbering system to identify each hazardous waste container and shall mark each container with a unique identification number. Contractor shall perform additional pre -transportation labeling and marking prior to transporting hazardous waste and biohazardous waste off-site, in accordance with Title 22, California Code of Regulations, Chapter 12, Article 3 and Title 49, Code of Federal Regulations. Page 17 of 31 Page 176 EN City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis Hazardous Waste Documentation Contractor shall notify the City and RCFPD when hazardous waste or biohazardous waste has been generated. The City and RCFPD shall review and approve of any hazardous waste profile created. The City and RCFPD shall sign any disposal documentation prior to transporting from the generation location, unless the City and RCFPD specifically authorizes the Contractor to sign the disposal documents on the City and RCFPD's behalf. This authorization will be provided on a case by case basis. Contractor shall provide the City and RCFPD with a copy of all transportation documents (i.e. hazardous waste manifest, land disposal restrictions) at the time when the waste is removed from the site of generation. Contractor shall submit to the California Department of Toxic Substance Control (DTSC) a legible copy of each Hazardous Waste Manifest (HWM) generated for the Services under this Contract, within thirty (30) calendar days of the date of Contractor's pick up of the hazardous waste referenced in the HWM. h. Acceatable Transaorters and Disaosal Facilities Contractor shall transport the hazardous waste and biohazardous waste serviced under this Contract only to a California licensed Treatment, Storage, and Disposal Facility (TSDF). Contractor shall only utilize transporters and interim and final disposal facilities that are in good regulatory standing. All transporters, storage facilities, treatment facilities, incinerators, Class I landfills and all other disposal facilities used to provide services under this Contract shall be properly licensed and in compliance with all applicable local, state, and federal hazardous waste, laws, ordinances, codes and regulations at all times. Contractor may only use a TSDF located outside of California with the prior written permission of the City and RCFPD. All TSDFs that are located outside California must meet the same or higher regulatory standards for the processing and disposal of hazardous waste and for environmental compliance as required by the State of California. A listing (name, address, phone number, EPA identification number) of all TSDFs to be used for this contract shall be provided to the City and RCFPD, for approval, prior to disposing of any hazardous waste or biohazardous waste. i. Safety Requirements All work performed under this Contract shall be performed in such a manner as to provide maximum safety to the public and employees, and shall comply with all safety provisions and regulations, including CAL OSHA requirements. Contractor shall have an injury/illness program as required by CAL OSHA, if applicable, and ensure Page 18 of 31 Page 177 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis the proper labeling of containers. The City and RCFPD may stop project activities if unsafe or harmful acts in connection with Contractor's services are observed or reported to the City and RCFPD. Contractor shall provide Personal Protective Equipment (PPE) to Contractor's staff as necessary to safely perform the Services. PPE shall be properly used at all times. j. Training Contractor's staff performing the Services shall have the requisite training, certifications, knowledge, experience, skills, and abilities to properly perform the Services including, but not limited to, all those required to properly and lawfully handle pesticides and load, store, transport, and dispose of hazardous wastes and biohazardous wastes under this Contract. Contractor shall ensure that Contractor's staff performing the Services are trained in the safe and proper handling of hazardous wastes and are capable of emergency response and cleanup of hazardous waste spills in accordance with OSHA and California Code of Regulations Title 22 mandates. Contractor shall ensure their staff is trained on safety requirements, including relating to Safety Data Sheets for all chemicals used for this Contract, Blood Born Pathogen, Personal Protective Equipment, and Injury/Illness Program as required by CAL OSHA, Title 8, Sections 3203, 1926.59, and 5193. Upon the City and RCFPD's request, Contractor shall provide certification that cleaning personnel assigned to the Contract have received this training. All training shall be provided at the sole expense of the Contractor. k. Equipment, Vehicles and Materials Contractor shall maintain, repair, replace, and otherwise ensure that all equipment, vehicles, supplies, and materials necessary to timely perform the Services are stocked and maintained in operational order and ready to serve the City and RCFPD when needed at no additional expense to the City and RCFPD. I. Licenses and Registrations Contractor shall possess and, upon the City and RCFPD's request, provide copies of all licenses, permits, certifications, registrations, and other qualifications required by local, state, and federal law to collect, transport, store and dispose of hazardous wastes and biohazardous waste; and shall notify the City and RCFPD within seven (7) calendar days if any of these requirements are not met during the term of this Contract. Contractor shall ensure their subcontractors are in conformance with these provisions. Contractor's transport vehicles shall comply with all applicable local, state, and federal transporter requirements including, but not limited to, the requirements of the California Department of Transportation (D.O.T.), and the California Department of Toxic Substances Control (DTSC). Contractor shall ensure their subcontractors are in conformance with these provisions. Page 19 of 31 Page 178 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 5. EVALUATION AND VENDOR SELECTION PROCESS 5.1. INITIAL SCREENING All RFP responses will undergo an initial review to determine responsiveness to the instructions herein. Those RFP responses initially determined to be responsive by meeting the RFP requirement as indicated herein will proceed to the next phase of the evaluation process. 5.2. EVALUATION ACTIVITIES RFP responses deemed as having met the standard RFP requirements as indicated herein are then evaluated by an Evaluation Committee. The RFP submittals are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score. The following criteria have been assigned percentages that the criteria will be scored against, based upon but not limited to the following evaluation criteria factors: rritPria Criteria Description Assigned Percentage Vendor Expertise 15% Quality of proposed services or goods 15% Extent to which the Vendors services or goods meet the City and RCFPD's needs 15% Cost 55% 5.3. COST EVALUATION Cost Proposals are evaluated and scored based on the following calculations; Score = Lowest Proposal Cost / Cost of Proposal being scored X Maximum Points Available (10) The score is then added to the spreadsheet criteria scores. 5.4. REFERENCE CHECKS If determined to be required reference checks are conducted by the Procurement Division and the requesting department may or may not be present during the process. The reference checks may be conducted by phone Page 20 of 31 Page 179 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis with the information being scribed or conducted by a written form, submitted to the Vendor's reference contact. Reference contacts will be asked several predetermined questions for response and to provide a score from one (1) to ten (10), ten being the highest. Scores are then tabulated and added to the spreadsheet with the criteria scores. It is imperative that Vendors provide up to date and accurate information regarding contact information for reference checks. All scores are then tabulated into the final Vendor ranking. Evaluators do not see the Vendor References or pricing line items. The proposed pricing is evaluated by the Procurement Division during the initial review of the RFP response, only to ensure that the proposed cost is not over the City and RCFPD's budgeted amount or Not -to -Exceed amount for the project. 5.5. DEMONSTRATIONS/ INTERVIEWS Upon completion of the RFP evaluations and data analysis, and only if necessary, selected top ranked Vendors will be provided an opportunity to interview and conduct a demonstration or presentation to further expand on their RFP response. Vendor interviews/demonstrations are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score, based upon but not limited to the evaluation criteria factors as stated within the RFP. 5.6. FINANCIAL DOCUMENTATION Vendors that proceed to the short-list may be required to submit financial documentation as proof of its firm's financial stability and strength. A financial review will be conducted by the City Finance Department. Should a Vendor wish for its financial documentation to be treated as proprietary or be returned upon completion of the review, the documentation must clearly be marked as such. The following documentation will be required of each Vendor on the short-list: • A copy of the Vendor's most recent annual report. • Audited (by a third party), balance sheets and income statements for the past three (3) years. • If audited data is not available, Vendor shall submit copies of complete tax returns for the past three (3) years. • Describe any regulatory censure and past or pending litigation related to services provided by the Vendor. • Indicate all applicable information regarding Vendor ownership changes in the last three (3) years. Page 21 of 31 Page 180 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis 5.7. BEST AND FINAL OFFER Upon completion of Vendor presentations, the City and RCFPD reserves the right to conduct pre -award discussions and/or pre -contract negotiations with all or only top ranked Vendors. At which time the City and RCFPD may request a Best and Final Offer to be submitted from one or all finalists. 5.8. VENDOR SELECTION The final Vendor selection is based on which Vendor is the most responsive, meeting the City and RCFPD's requirements, offering the best value at the most competitive price. The City and RCFPD is not obligated to award to the lowest price proposal. The City and RCFPD may conduct negotiations with several Vendors simultaneously. The City and RCFPD may also negotiate contract terms with the selected Vendors prior to award. The City and RCFPD, at its sole discretion, reserves the right, unless otherwise stated, to accept or reject all or any RFP responses, or any part thereof, either separately or to waive any informality and to split or make the award in any manner determined to be in the best interest of the City and RCFPD. 5.9. LETTER OF INTENT TO AWARD After a final Vendor selection is determined, a Letter of Intent to Award (LOI) will be posted for review by all participating, responsive Vendors. Negotiations shall be confidential and not subject to disclosure to competing Vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully, City and RCFPD may negotiate a contract with the next highest scoring Vendor or withdraw the RFP entirely. Page 22 of 31 Page 181 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT A" CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT It is the policy of the City and RCFPD to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City and RCFPD Contracts, including, but not limited to Contracts for Professional Services Agreements ("PSA") with potential Vendors. I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis. I agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any RFP response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any RFP response, or removal of same from designated areas. I, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein. (Print Name) (Relationship to the City and RCFPD) (Relationship to the Vendors) (Signature) (Date) Must be included in final RFP submittal. Page 23 of 31 Page 182 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT B" PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY Mark the appropriate choice, below: •M Vendors accepts the PSA without exception. Vendors proposes exceptions to the PSA. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as "Exception Summary", which shall include the Vendors' rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submitted summary may deem the response as non-responsive. Signature Printed Name Title Date Must be included in final RFP submittal. Page 24 of 31 Page 183 I City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT C" ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED the (President, Secretary, Manager, Owner or Representative) of , certify that the (Name of Company, Corporation or Owner) Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis have been read and understood and that our Vendors is able to provide and maintain the coverage as specified in the PSA. Failure to Drovide said coverage, uaon reauest to finalize the PSA Drior to award shall be enough cause for immediate disqualification of award. Failure to maintain said coverage shall result in termination of the contract. Signature Printed Name Title Date Must be included in final RFP submittal. Page 25 of 31 Page 184 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT D" ADDENDUM ACKNOWLEDGEMENT The Vendors hereby acknowledges the following Addenda Number(s) to this RFP have been received, if any. Vendors understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Vendors' responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Signature Printed Name Title Date Must be included in final RFP submittal. Page 26 of 31 Page 185 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT E" DEBARMENT and SUSPENSION CERTIFICATION FORM I certify that neither (Vendor) nor any of its proposed subcontractors are not currently listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Vendors or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Vendors or any of its subcontractors subsequently become delinquent in California taxes, our Proposal will be disqualified. Signature Printed Name Title Date Must be included in final RFP submittal. Page 27 of 31 Page 186 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT F" PARTICIPATION CLAUSE It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price for a period of days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy -back awards will be made independently by each agency, and the City and RCFPD is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy -back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Vendors. Successful Vendors will extend prices as proposed herein to other governmental agencies, please specify. Must be included in final RFP submittal. Page 28 of 31 Page 187 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT G" SIGNATURE OF AUTHORITY The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following RFP response. THE VENDOR IN SUBMITTING THIS RFP RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR RFP RESPONSE AS NON-RESPONSIVE. Company Name: Address: (Street, Su. # City, State, Zip) Telephone #: Fax #: E-mail address: Web Address: Authorized Representative: (print) Title: Signature: Date: Must be included in final RFP submittal. Page 29 of 31 Page 188 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT H" REFERENCES WORKSHEET The following References Worksheet must be complete, please do not mark "See Attached". Provide a minimum of four (4) clients that are similar in size to the City of Rancho Cucamonga that your company has conducted comparable or like services. Preferred references should be government agencies and be a current customer within the past three (3) years. Please verify accuracy of contact information. Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Reference 1 Reference 2 Page 30 of 31 Page 189 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Reference 3 Reference 4 Page 31 of 31 Page 190 t-1 O ceu:909-476-2308 ® info@kvacenv.com ® Fax: 909-476-2408 @ kvacenv com O PO Box 1505 Rancho Cucamonga, CA 91729 ENVIRONMENTAL S4UDGE? November 20, 2019 Re: City of Rancho Cucamonga RFP #19/20-021— Hazardous Waste Removal, Remediation and Disposal Services on an As Needed Basis To Whom it May Concern; K -VAC Environmental Services, Inc. (KVAC) is pleased to submit the attached proposal in response to The City of Rancho Cucamonga's Request for Proposal (RFP) #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services on an As Needed Basis. KVAC has reviewed the RFP and thoroughly understands the content and needs required by the City of Rancho Cucamonga. Based on the four evaluation criteria factors itemized in Section 5.2 of the RFP, KVAC will demonstrate that their fundamental objectives and philosophy in hazardous waste management is similar to that of the City of Rancho Cucamonga and thereby the overall best contractor to service the needs of the City. 1. Expertise. KVAC Environmental Services, Inc. is a certified, women -owned, small business engaged in full service environmental management of hazardous and non -hazardous waste. KVAC is committed to providing the highest quality service to all our clients. Our technical expertise, depth of resources, and financial strength provides responsive, high quality, compliant and innovative services tailored to meet the various and unique needs required by the City of Rancho Cucamonga. Our greatest asset is our ability to listen, comprehend, and respond to the specific needs of our clients, applying our individual years of experience, teamwork and commitment to service our clients with integrity and honesty, offering the highest quality solutions possible. These attributes have resulted in steady growth, allowing KVAC to expand by adding the most experienced personnel, new innovative equipment, and expand our fleet and transportation services. KVAC Environmental Services, Inc. is comprised of experienced, professional individuals who have extensive regulatory knowledge, education, training and hands on field experience to properly handle hazardous waste in a safe, compliant, efficient, and cost effective manner. Among our professional staff are; two degreed chemists with over 40 cumulative years of experience, transportation managers, customer service representatives, health and safety professionals, project managers, hazardous waste drivers, and highly trained technicians. KVAC Environmental Services, Inc. has been the contractor for the California Department of Toxic Substances Control (DTSC)for the past three years and have just received the current contract for an additional three years. The DTSC contract covers San Bernardino, Riverside, San Diego and Imperial counties for the remediation of off-highway spills, illegal dumpings and the remediation of clandestine drug labs. Page 191 ■ O w:909-476-2308 ® info@kvacenv.com ® Fax: 909-476-2408 ® kvacenv.com p PO Box 1505 Rancho Cucamonga, CA 91729 9"St 1 In addition to DTSC, KVAC Environmental Services, Inc. has performed numerous emergency response remediation activities for; Southern California Gas Company, Environmental Protection Agency, California Department of Food and Agriculture, and the City of Rancho Cucamonga to name a few. Quality of Proposed Services. KVAC takes great pride in the creative solutions they have developed when understanding the needs and concerns of our clients. With an in-house fabrication shop, we have been able to create and develop a variety of innovative solutions which ultimately reduce labor and excessive equipment costs for our clients. KVAC is constantly evaluating and adapting personnel and equipment to better service the needs of our customers. For example, KVAC had a customer who needed an elevator shaft which filled with water and oil pumped out and properly disposed. The pit was located in the basement of a parking structure. The'previous contractor brought out a large vacuum truck and used multiple links of hose blocking and obstructing the parking areas on multiple floors. KVAC's fabrication shop created a self-contained, skid mounted, vacuum unit and holding tank that fits on the back of a pick-up truck. Since it is compact, it clears the low overhead of a parking garage, can drive right up to the pit, pump out the liquid and contain the liquid without stopping or blocking the parking traffic within the structure. The job was completed in half the time with less labor. Another, unique piece of equipment developed by KVAC is a pressure wash unit that has no over -spray and the liquid is pumped as you go so there are no pools of liquid or flooding when pressure washing a parking lot, garage, walkway, etc. 3. Extent to which KVAC services meet the needs of the City. KVAC Environmental Services, Inc. is fully committed to meet the hazardous waste removal, remediation and disposal services required by the City of Rancho Cucamonga per RFP #19/20- 021. KVAC is not just a business located within the City of Rancho Cucamonga, but the owners of KVAC have resided within the City for numerous years and are avid supporters of Rancho Cucamonga Fire Department. KVAC has sponsored various training exercises with the local Fire Department and other community organizations. KVAC Environmental Services, Inc. maintains a fleet of eco -friendly, hazardous waste licensed vehicles including; vacuum trucks, roil -off units and bins, vactors, dry vans, stake bed trucks, and emergency response vehicles. KVAC Environmental Services, Inc. currently has over 90 highly trained, experienced personnel to handle a wide array of hazardous and non -hazardous chemical incidents including; fuel spills, illegal dumpings, multi -chemical lab packs, confined space entries, clandestine labs, homeless encampment clean-ups, industrial cleanings, and so Page 192 ■ ENVIRONMENTAL much more. O ceii:909-476-2308 ® mfo@kvacenv.com ® Fax:909-476-2408 O kvacenv com p PO Box 1505 Rancho Cucamonga, CA 91729 KVAC Environmental Services, Inc. is fully committed to assist the City of Rancho Cucamonga with any hazmat situation in a safe and compliant manner which protects our employees and the community of Rancho Cucamonga. 4. Cost Reduction. Through KVAC's experience, innovation, and resourcefulness, we have found numerous ways to reduce costs for our clients without jeopardizing the regulatory aspects of handling hazardous waste. We will not use unapproved or improperly rated containers to package waste to save a few dollars which then puts our customers in non-compliance with the EPA or DOT. All waste will be segregated, packaged, labeled, and transported to properly permitted disposal facilities. By aligning with multiple reputable disposal facilities, KVAC is able to obtain the most cost effective disposal options. We are not affiliated or committed to a single Treatment, Storage or Disposal Facility (TSDF). If a disposal facility should raise or lower their prices, KVAC is positioned to exercise the option of using an alternative site. This allows for the most economical disposal options for the City of Rancho Cucamonga. KVAC Environmental Services, Inc. appreciates the opportunity to submit the enclosed proposal. We wish to thank you in advance for your review and consideration. Should you have any questions or require additional information, please feel free to contact KVAC at; Corporate Office (Physical Address): K -VAC Environmental Services, Inc. 8910 Rochester Avenue Rancho Cucamonga, CA 91730 Mailing Address: K -VAC Environmental Services, Inc. P.O. Box 1505 Rancho Cucamonga, CA 91729 Equipment Yard (Physical Address): K -VAC Environmental Services, Inc. 8615 Pecan Avenue Rancho Cucamonga, CA 92335 RFP Contact Person: Rodney Townsend (909) 476-2308 office (909) 815-3468 cell Rodney.townsend(@kvacenv.com Page 193 O ceii: 909-476-2308 ® info@kvacenv.com ® Fax 909-476-2408 @ kvacenv com p PO Box 1505 Rancho Cucamonga, CA 91729 4 1 the cianat„re halnw k cnnfirmation of KVAC Environmental Services, Inf.'s ability and willingness to :ed in RFP #19/20-021. C. Page 194 City of Rancho Cucamonga RFP#19/20-021 TABLE OF CONTENTS page i. COVER PAGE 1 ii. TABLE OF CONTENTS 5 SECTION 1— EXECUTIVE SUMMARY 1.1 KVACs Approach 7 1.2 KVACs Proposal 7 1.3 KVACs Experience 7 1.4 Staffing 8 SECTION 2 — EXPERIENCE Exhibit D 2.1 Qualifications 10 2.2 Project References 10 2.3 Company History 13 SECTION 3 —SUBCONTRACTORS 17 SECTION 4 — STAFF BIOGRAPHIES 4.1 Resumes 19 SECTION 5 — PROPOSAL RESPONSE 5.1 Emergency Services 21 5.2 Emergency Contact Information 21 5.3 Employee Training 22 5.4 Containment and Counter Measures 24 5.5 Packaging and Marking 24 5.6 Stabilization and Removal 24 5.7 Disposal 24 5.8 Licenses/Certifications 24 Appendices: Appendix A — RFB Exhibits Exhibit A Conflict of Interest and Non -Disclosure Agreement Exhibit B Professional Services Agreement Exhibit C Acknowledgement of Insurance Requirements and Certification of Ability to Provide and Maintain Coverage Specified Exhibit D Addendum Acknowledgement Exhibit E Vendor Certification Form Exhibit F Participation Clause Exhibit G Signature of Authority Exhibit H Reference Worksheet Page 195 1 City of Rancho Cucamonga RFP#19/20-021 Appendix B — Line Item Pricing Appendix C — Permits and Licenses Appendix D — Resumes of Key Personnel Page 196 City of Rancho Cucamonga RFP#19/20-021 SECTION 1— EXECUTIVE SUMMARY Page 197 City of Rancho Cucamonga RFP#19/20-021 SECTION 1— EXECUTIVE SUMMARY Page 198 City of Rancho Cucamonga RFP#19/20-021 SECTION 2 — EXPERIENCE Page 199 City of Rancho Cucamonga RFP#19/20-021 SECTION 2 — EXPERIENCE 2.1 Qualifications KVAC is a California Corporation and a certified woman -owned small business. KVAC Environmental Services, Inc. has been responding and remediating emergency response incidents since its inception in 1997. Since that time, KVAC has continuously added experienced personnel with a vast knowledge and experience in handling hazardous and non -hazardous waste including emergency situations. KVAC has responded to numerous incidents for DTSC, EPA, Cal Trans, ERTS, PSC Environmental, United Parcel Service, City of Rancho Cucamonga, and other major companies and municipalities. In addition, KVAC Environmental Services, Inc. is listed in a majority of our client's CUPA Emergency Response/Contingency Plans as the primary emergency response contractor. 2.2 Project References KVAC Environmental Services, Inc. submits the following Project References as a sampling of our emergency response experience and versatility 2.2.1 MTNA Group Orca Systems (IFCO Facility) —Nitric Acid Spill Name of Client: MTNA Group Orca Systems Contact: Richard Aguilar Phone: (909) 484-4332 Date(s) of Project: 12-28-15 Project Cost: $11,895.00 Location of Spill: IFCO Facility 8950 Rochester Avenue, Suite 150 Rancho Cucamonga, CA 91730 Cause of spill: An employee at IFCO was transferring Nitric Acid from a 55 gallon drum into a smaller container. Upon completing the transfer, the employee looped the hose over the pump which was still inserted in the open bung of the drum. The employee left the area. A siphon had been created by the hose and pump so the Nitric Acid continued to flow and flooded the storage area. Orange fumes were generated when the Nitric Acid came in contact with the metal storage racks. The building was evacuated, the Fire Department, County Health Department, and K -VAC were contacted to respond. Project summary: KVAC Environmental Services Inc. arrived on -scene within a half hour of notification (5:30 PM). A Level A entry was made by KVAC, Fire Department, and County Health Department. The pump was removed from the drum of Nitric Acid and the drum was sealed. An assessment was completed and showed that the material Page 200 City of Rancho Cucamonga RFP#19/20-021 had spread over an area of approximately 500 square feet underneath pallets and shelving units. Air monitoring was conducted and indicated acid vapors within the building. KVAC response team entered in Level B and opened doors, opened sky lights, and set up fans to dissipate vapors. An absorbent was used to absorb any free standing liquid, swept up and placed into DOT approved drums. The seams in the concrete, and saturated pallets were tested and had a pH of 1. The entire area was sprayed with a caustic soda solution to neutralize remaining acid. The shelving and pallets were moved to access the material beneath them. A final layer of absorbent was used to absorb the free standing liquid, swept up, and placed into drums. The Fire Department and County Health Department inspected the area, monitored the air, and conducted pH tests throughout the impacted area. The area was deemed clean and safe to re-enter. A total of 6 — 55 gallon drums of Corrosive Solids, n.o.s were generated, labeled and left on site pending TSDF profile approval. End of job was 1:30 AM. Upon profile approval, the drums were removed and disposed at an appropriate TSDF. The total incident took 8.5 hours to complete. All work was completed by KVAC personnel. 2.2.2 Alltech Associates, Inc. —Mercury Spill and Lab Clean-up Name of Client: Alltech Associates, Inc. Contact: Alissa Enrique Phone: (760) 244-6107 Date(s) of Project: 9-11-14 Project Cost: $2515.00 Location of Spill: Alltech Associates, Inc. 17434 Mojave Street Hesperia, CA 92345 Cause of spill: There was an accidental release of elemental mercury in a laboratory sink. The impacted area and items of contamination included; sink area, employees clothing, ventilation hood, floor in front of sink and hood, and other surrounding areas. Project summary: K -VAC Environmental Services, Inc. arrived on -scene at 8:30 AM and immediately met with Mr. Lorenzo Jackson of Alltech Associates, Inc. for an update of the location and estimated quantity of mercury spilled. KVAC personnel calibrated the mercury vapor analyzer, donned appropriate PPE, and began a site assessment. The hallways and doorways leading to the affected laboratory were determined to be free of contamination. The sink and ventilation hood and adjacent areas were found to be Page 201 City of Rancho Cucamonga RFP#19/20-021 contaminated with mercury levels ranging from 0.06 — 0.25 mg/m3. All contaminated clothing, floor mats, and miscellaneous debris were placed into 55 gallon, poly, open - top drums. Elemental mercury was removed using a mercury vacuum unit. Upon removal of mercury contaminated items, the laboratory thermostat was increased from 72 to 89 degrees to remove any unknown mercury vapors. At 1:15 PM the laboratory was re-entered for final air monitoring and monitoring of the impacted areas. The instrumentation readings and results were 0.0 mg/m3 . The total incident took 9.5 hours to complete. A total of 2 — 55 gallon drums were generated of mercury contaminated debris. All work was completed by KVAC personnel. 2.2.3 California Department of Transportation (Cal Trans) — Diesel Spill Name of Client: California Department of Transportation Contact: Bill Kerr Phone: (909) 227-2944 Date(s) of Project: 8-2-14 Project Cost: $11,785.00 Location of Spill: 1-40 Hwy, East Bound Mile Marker 24. Newberry Springs, CA Cause of spill: A vehicle accident involving a tractor trailer which split the fuel tank and created a large diesel spill. The fuel spread off the freeway and contaminated the soil between the east and west bound lanes of the freeway. Project summary: KVAC Environmental Services, Inc. received a call from Cal Trans to respond to an overturned tractor and trailer that spilled diesel on the freeway and onto adjacent soil. KVAC arrived on -scene, met with Cal Trans and assessed the spill and clean-up action plan. A tow company removed the damaged tractor and trailer. KVAC absorbed the free standing diesel. The impacted freeway was pressure washed and the rinseate was collected using a mini guzzler vacuum unit. The contaminated soil was removed using a Skidsteer Bobcat Unit and placed into a 20 cubic yard roll -off bin. The soil was checked to verify all contaminated soil had been removed, then backfilled with clean soil that KVAC had brought to the site in a second 20 cubic yard bin. The total incident took 10.25 hours. A total of 8.63 tons of diesel contaminated soil was generated and disposed. KVAC completed all work once the tow company removed the wreckage. Page 202 City of Rancho Cucamonga RFP#19/20-021 2.2.4 Alondra Chemical- Bellflower, CA Name of Client: Environmental Protection Agency/CA Department of Toxic Substances Control Contact: Robert Wise/George Baker Phone: (714) 655-0780 Date(s) of Project: 7-31-18 to 8-3-19 Project Cost: $31,532.74 Labor and Materials Only Location of Incident: Alondra Chemical 9548 Alondra Blvd. Bellflower, CA 90706 Cause of Incident: Originally KVAC was contacted to inventory a few chemicals and prepare a cost to package and dispose of the chemicals. Upon arrival KVAC identified a serious situation involving thousands of chemicals which were improperly stored and potential dangerous to the surrounding area. The City of Bellflower contacted DTSC and the EPA to respond and evaluate the situation. The EPA and DTSC responded and took control of the remediation project. It was decided that the two agencies would share the cost of the cleanup. EPA would pay for the transportation and disposal and DTSC would pay for the material and labor to properly segregate and package all chemicals. KVAC was on-site and a DTSC contractor so they were tasked with the DTSC portion of the cleanup efforts. Project Summary: KVAC segregated all chemicals by DOT hazard classes and by compatibility, properly inventoried, and lab packed the chemicals into DOT approved drums. The drums were then labeled as to the proper shipping name and the contents. The drums were then staged on-site until the TSDF profile was approved for disposal. The EPA contractor then picked up the pre-packaged drums and transported to the TSDF for disposal. Upon completion of the project, a total of 126 containers were packaged (ranging from 5 gallon pails to cubic yard boxes). Over 500 unknowns were field tested to determine their respective hazard class. A total of 1,742 chemicals were identified, inventoried and packaged including; radioactives, water reactives, toxics, flammables, oxidizers, corrosives, and cylinders. 2.3 Company History KVAC Environmental Services, Inc. is a woman -owned, small business engaged in full service environmental management of hazardous and non -hazardous waste. Since its inception in 1997, KVAC has continued to grow and expand their expertise by hiring leaders within the industry, purchasing various small Page 203 City of Rancho Cucamonga RFP#19/20-021 companies, and training all employees above and beyond regulatory standards. In 2013, KVAC hired a degreed chemist, Jeanne Delperdang (Resume in Section 4), who currently has over 35 years of experience handling a variety of clandestine labs, Illegal abandonments, spills, lab packs, and general industry's hazardous and non -hazardous waste. KVAC also hired James Rankin (Resume in Section 4) who is a Project Manager that specializes in emergency response, industrial cleaning, multi -faceted remediation projects, and confined space work. KVAC purchased JSE Environmental and Interstate Pumping in 2014, two small companies that specialized in non -hazardous and non-RCRA pumping services. KVAC opened a satellite office in Richmond, California in 2014 to service Northern California. KVAC opened a second satellite office in Santa Fe Springs, California in 2016. KVAC hired Rodney Townsend as General Manager to oversee the operations and growth. Mr Townsend was a Project Supervisor with 20+ years of field experience. Mr. Townsend has recently been promoted to KVAC Corporate Sales Manager and now oversees the sales and growth of all field offices. KVAC has continuously increased its fleet of eco -friendly, hazardous and non -hazardous waste equipment which includes; 5000 gallon tank trailers, roll -off units, rocket launchers, vans, emergency response trailers, command centers, vactor unit, excavators and various specialized trailers which includes; pressure washer units, jetters, vactron,s and assorted other unique equipment. FIELD OFFICES KVAC Environmental Services, Inc. has two locations within Rancho Cucamonga, CA. 1) KVAC Environmental Services, Inc. - Corporate Office 8910 Rochester Ave. Rancho Cucamonga, CA 91730 KVAC shares this property with K -Pure Waterworks, Inc. which is a non -hazardous wastewater treatment facility. This office is an administrative office and consists of Human Resources, Accounts Receivable, Accounts Payable, and Payroll Departments. 2) KVAC Environmental Services, Inc. - Field Services 8615 Pecan Ave. Rancho Cucamonga, CA 91739 Page City of Rancho Cucamonga RFP#19/20-021 This property consists of two buildings; Mechanic Shop/Project Manager's Office and a Dispatch/Operations office. There is a loading dock with various trailers that serve as KVAC's load consolidation area. All waste is transported to licensed and permitted TSDFs within 10 days of being picked -up by KVAC. Page 205 City of Rancho Cucamonga RFP#19/20-021 SECTION 3 — SUBCONTRACTORS Pag City of Rancho Cucamonga RFP#19/20-021 SECTION 3 —SUBCONTRACTORS K -VAC Environmental Services, Inc. is fully capable to handle most waste encountered in emergency response incidents within the City of Rancho Cucamonga without the use of sub- contractors. K -VAC owns a fleet of licensed, hazardous waste vehicles, specialized trailers and has experienced, qualified personnel to handle majority of situations and/or waste that may be encountered as delineated within RFP #19/20-021. Page 207 City of Rancho Cucamonga RFP#19/20-021 SECTION 4 - STAFF BIOGRAPHIES F Page 208 City of Rancho Cucamonga RFP#19/20-021 MONUMMOMMENNOW SECTION 4—STAFF BIOGRAPHIES 4.1 Key Employees 4.1.1 Response Foreman Required Experience Actual Experience Name 4 years of direct on -scene field experience: 11 years Taylor Blackwell 13 years James Rankin 6 years Albert Borboa 8 years Rodney Townsend 8 years Rudy Kleijne 30 years Jeanne Delperdang 4.1.2 Cleanup Technician Level II Required Experience Actual Experience Name 2 years of normal cleanup activities: 8 years Jose Aguayo 8 years Joshua Eastman 3 years Richard Garcia Sr. 7 years Sergio Ortiz -Vera 3 years Griselle Medinilla 15 years James Guillen 4.1.3 Cleanup Technician Level I Required Experience Actual Experience Name 6 months performing supervised tasks: 1 year Joshua Brand 1 year Austin Dale 1 year Stewart Duardo 1.5 years Richard Garcia Jr. 1 year Jared Schaffer 1 year Emilio Valdovinos 4.1.4 Chemist Required Experience Actual Experience Name Bachelor of Science or higher —Chemistry: BS Chemistry (1980) Jeanne Delperdang 3 years field experience: 30 years 4.2 Resumes Resumes for the key personnel listed in Section 4.1 are attached in Appendix D of this Proposal. Page 209 City of Rancho Cucamonga RFP#19/20-021 SECTION 5 — PROPOSAL RESPONSE Page 210 City of Rancho Cucamonga RFP#19/20-021 SECTION 5 — PROPOSAL RESPONSE 5.1 Emergency Services KVAC Environmental Services, Inc. has a dedicated fleet of fully stocked emergency response trailers, highly trained response personnel and assorted specialty trailers ready to respond to a wide array of emergency situations. KVAC has responded to a variety of emergency response situations including; highway vehicle spills, tank overflows, abandoned chemicals, warehouse spills, mercury spills, chemicals in sewers, illegal dumping, abandoned research labs, and numerous other scenarios. KVAC has 24 hour/7 days a week response. After hour calls are forwarded to an on-call dispatch/project manager who has the authority to commit company resources and personnel. This allows for the appropriate response team to be dispatched quicker thereby arriving in a timely manner. 5.2 Emergency Contact Information KVAC maintains a 24 hour per day, 7 days per week emergency response call, center for all our customers. This allows our customers to talk with a "live body" even after normal office hours. After hours, all phone calls are forwarded to on- call project managers and dispatchers with the authority to make decisions, fully understanding KVAC operations, immediately dispatching personnel, equipment, and resources to perform routine, non -routine, emergency responses, or other complex services required by the customer. The emergency response call number is 909-476-2308. On -Site Contingency Plan for Spills/Releases Prior to the start of any project, KVAC Environmental Services, Inc. conducts tailgate safety meetings. The tailgate safety meeting discusses the scope of work, the location of eyewashes/safety showers, emergency procedures, evacuation routes and any other pertinent information relating to the project. KVAC Environmental Services, Inc. is an emergency response company. All field personnel are trained to respond to emergency situations and prevent emergency situations from occurring. KVAC responds to each job with enough equipment to complete the project and with additional supplies should an incident occur. In the event of an on-site spill or release of a hazardous material the following procedures will be immediately implemented: 1) Evacuate immediate area. 2) Survey and assess existing and potential hazards. 3) If it can be done safely, stop source of leak or release. Page 211 City of Rancho Cucamonga RFP#19/20-021 4) Dike, berm, and/or coverall drains. 5) Notify City of Rancho Cucamonga of the incident and available information. 6) Request additional personnel and/or equipment from KVAC dispatch (if necessary). 7) Prepare work plan for remediation of spilled or released material. 8) Conduct tailgate safety meeting to explain; the scope of work, appropriate PPE required, individual job functions, chemical and physical hazards, emergency procedures. 9) Complete work plan. 10) Create incident report. In the event of a spill or release of a hazardous material during transport, the following procedures will be immediately implemented: 1) The vehicle will pull to the side of the road. 2) The driver will immediately call KVAC dispatch. 3) If the source of the spill or release can be identified, the driver will stop the source of the spill or release if it can be controlled safely. This may be upright a drum or laying it on its side. 4) The driver carries a recovery drum spill kit on each vehicle. If the driver can safely overpack the container he may do so. If not, the driver will secure the area and wait for the KVAC response team to arrive. 5) While waiting for the response team, the drive will need to dike, berm and/or cover any storm drains. 6) The KVAC response team will remediate the spill or release upon their arrival. 7) The response team will create an incident report and report to the applicable regulatory agencies (if required). 5.3 Employee Training KVAC Environmental Services, Inc. is firmly committed to the health and safety of all employees. This is primarily accomplished by extensive training both in-house and through the use of third party training consultants. KVAC engages in continuous training that far exceeds the regulatory requirements. Employees are crossed trained in all aspects of waste handling and management, emergency response procedures, equipment use, shipping documents, disposal options, and a multitude of other related topics. All personnel are initially trained in the following, 1) Basic 40 hour HAZWOPER training 2) Hazard Communication and Global Harmonized Systems 3) Injury Illness Prevention Plan 4) CUPA Plan including emergency procedures, evacuation routes, etc. 5) Hazardous Materials Security Plan Page 212 City of Rancho Cucamonga RFP#19/20-021 6) DOT/RCRA Training 7) CPR/First Aid 8) Alcohol and Drug Awareness Project Managers are trained in the following; 1) HAZWOPER Supervisory training 2) Drug and Alcohol Reasonable Suspicion 3) Confined Space Entry Training Technicians receive the following training; 1) Confined Space Entry Training 2) Forklift Operations Specialized Crews receive additional training in the following; 1) Confined Space Rescue 2) HazCat Procedures 3) Lab Packing Procedures 4) Specialized Equipment Training (Jeffers, Vactors, Pressure Washers, etc.) 5) Bloodborne Pathogen Training In addition, all field personnel receive additional OSHA training in the following; 1) Asbestos Awareness 2) Crane Safety 3) Electrical Safety 4) Fall Protection 5) Fire Protection 6) Hydrogen Sulfide Awareness 7) Ladder Safety 8) Lead Awareness 9) Lockout/Tagout 10) Mercury Monitoring KVAC continuously monitors and evaluates the training offered and will routinely add other industry related topics or training on new, specialized equipment. Training is repeated per; regulatory requirements, when employee shows signs that a refresher may be in order, or the equipment or regulations have been modified. KVAC is committed to health and safety and has a policy to promote from within. Any employee who has embraced and demonstrated the high safety standards of KVAC and who has the desire to broaden their personal goals, will be considered for alternative levels of responsibility based on their proficiency in the additionally require training courses. Page 213 City of Rancho Cucamonga RFP#19/20-021 5.4 Containment and Counter Measures KVAC Environmental Services, Inc. will survey and assess existing and potential hazards. Defensive actions to protect the public health and the environment and to contain the material will be implemented. This may include, but shall not be limited to: 1) Dike, berm, and/or cover all drains 2) Closing leaking containers or overpacking of damaged containers 3) Building dams, dikes, slurry trenches to contain the spread of material 4) Diverting water discharges 5) Absorbing free standing liquids 6) Establish work zones and minimize access 5.5 Packaging and Marking KVAC Environmental Services, Inc. will provide all the necessary materials to properly package the waste generated at hazardous or non -hazardous emergency response incident. Waste will be segregated according to D.O.T. hazard classes and by compatibility, packaged into D.O.T. approved containers, properly labeled and marked, loaded onto an approved hazardous materials permitted vehicle, then transported to appropriately licensed TSDF. 5.6 Stabilization and Removal KVAC Environmental Services, Inc. will stabilize and remove all material designated by the City of Rancho Cucamonga. All controlled substances will be rendered useless by solidification using cement or other approved absorbents. 5.7 Disposal KVAC Environmental Services, Inc. does not own a hazardous waste treatment, storage or disposal facility. Therefore, KVAC is not restricted to use a corporate facility or "sister" company. This allows KVAC to negotiate with the various credible TSDFs and obtain the most favorable disposal options for the City. KVAC maintains positive relationships with all the major TSDFs. 5.8 Permits and Licenses See Appendix C for copies of K -VAC Environmental Services, Inc.'s Permits and Licenses. Page 214 City of Rancho Cucamonga RFP#19/20-021 APPENDICES Page 21! Taylor Blackwell Operations Manager Academic and Professional Degrees: Hazardous Materials Technician/Specialist Hazardous Materials First Responder Operational State of California —Office of Emergency Services FEMA Incident Command System Emergency Management Institute California Driver's License Class A, HAZ TWIC Card Relevant Work Experience: 1) KNAC Environmental Services, Inc. 03-05-08 to present Scope of Responsibilities: Responsible for all aspects of hazardous materials and waste projects, including; lab packs, emergency responses, confined space projects, demolitions, decontaminations, contaminated soil remediation, and all other projects. This includes; utilization of resources, timely and accurate communications, preparing bid estimates, work plans, health and safety plans, project plans, documentation, cost tracking, and project closure. Assist Health and Safety Department with employee training and development of company health and safety policies. 2) Avalon Restoration Technician/Driver 03/06 to 03/08 Scope of Responsibilities: Assisted Project Manager with water and mold remediation. Performed on-site treatment of mold, removal of damaged material, and transported waste to disposal facility. I Pal6 Jeanne Delperdang Compliance/Chemist Academic and Professional Degrees: Bachelor of Science – Chemistry (1980) California State University Dominguez Hills Masters of Business Administration (Interim) California Polytechnic State University Work Experience: 1) KNAC Environmental Services, Inc. Health and Safety Manager 8-28-13 to present Scope of Responsibilities: Oversee all health and safety aspects of KNAC Environmental Services, Inc. and K -Pure Waterworks. Coordinate and conduct all training requirements for all employees. Maintain all regulatory requirements including permits, licenses, and reports. Review all RCRA projects including shipping documents, confined space permits, tailgate safety meetings, etc.. Manage lab pack projects which involve various hazardous chemicals. Oversee emergency response projects involving Level A or Level B personal protection equipment. 2) Ecology Control Industries/ Consolidated Waste Industries Health and Safety Manager 1999-2013 Scope of Responsibilities: Oversaw all health and safety aspects of Ecology Control Industries and Consolidated Waste Industries. Coordinated and conducted all training requirements for all employees. Maintained all regulatory requirements including permits, licenses, and reports. Oversaw and supervised Customer Service Department, Emergency Response Department, and all Project Managers. Prepared all RFP, IFB, and formal bid packages. Offered technical interpretation of chemical analysis. Managed lab pack projects which involve various hazardous chemicals. Oversaw emergency response projects involving Level A or Level B personal protection equipment. Program Manager, Chemist, and Response Foreman for DTSC Drug Lab Contract. 3) Broco Environmental, Inc. General Manager 1998-1999 Scope of Responsibilities: Specifically hired by an out of state owner to reopen a TSDF, maintain a perfect regulatory compliance status, and generate new business to maximize the sale price of the facility. —Page Oversaw all operational, administrative, and compliance issues associated with daily operation of a TSDF. Interfaced with all Regulatory Agencies. Provided a safe and secure storage area for Department of Justice evidence and samples. 4) Hazpak, Inc. President/C.E.O. 1991-1997 Scope of Responsibilities: Oversaw all administrative and operational functions associated with a hazardous waste transportation and service company including; obtaining all permits and insurance, accounting, financial planning, equipment acquisition, hiring practices, scheduling, project planning and coordination, customer service, sales and marketing, quality control, and providing a safe work environment for all employees. Managed lab pack projects which involve various hazardous chemicals. Oversaw emergency response projects involving Level A or Level B personal protection equipment. Program Manager, Chemist, and Response Foreman for DTSC Drug Lab Contract. 5) Containerized Chemical Disposal, Inc. Director of Technical Services I, 1989-1991 Scope of Responsibilities: Managed lab pack projects which involve various hazardous chemicals. Oversaw emergency response projects involving Level A or Level B personal protection equipment. Program Manager, Chemist, and Response Foreman for DTSC Drug Lab Contract. 6) Disposal Control Services, Inc. Chemist/Emergency Response Coordinator 1984-1989 Scope of Responsibilities: Managed lab pack projects which involve various hazardous chemicals. Oversaw emergency response projects involving Level A or Level B personal protection equipment. Program Manager, Chemist, and Response Foreman for DTSC Drug Lab Contract. 7) BKK Corporation Chemist 1981-1984 Scope of Responsibilities: Oversaw all incoming hazardous waste loads and verify contents and acceptance per facility permit. Determine compatibility with other loads and ultimate disposition. Oversaw all emergency response spill clean-ups within the facility and enroute to the facility (Azusa Ave). Page 218 Jose Aguayo Clean-up Technician II Academic and Professional Degrees: California Driver's License — Class A 40 -Hour OSHA HAZWOPER w/Current 8 -Hour refresher course 24 -Hour Confined Space Rescue Training w/8 -Hour Refresher 8 -Hour HAZWOPER First Responder Operations Compressed Gas Cylinder Training Lab Packing Procedure Training Regulatory Compliance Training HM181 HazMat/RCRA Employee Training Relevant Work Experience: 1) K -VAC Environmental Services, Inc. Position: Receiving Dock/Hazardous Waste Manager 09/01/2005 to present Percentage applicable to DTSC: 100% Scope of Responsibilities: Responsible for all aspects of hazardous materials and waste management in transit at the K -VAC 10 -day holding facility. Verifies that all incoming waste manifests and shipping documents are correct and completed. Successfully completed numerous confined space entries under level B and provided stand-by rescue service. Assisted on a large number of Cal Trans emergency response spill clean-ups and illegal waste dumping clean-ups. Completed hands-on lab packing training class in proper sorting and packing procedures. Assisted with emergency response clean-up to various So Cal Gas locations when "water in the main" catastrophes happened in Atascadero, Arcadia, Claremont, Montclair, and Riverside. Provided labor and assistant supervisor to project managers while onsite in Porter Ranch for So Cal Gas leaking main emergency. Assisted in building demolitions, chemical lab decontaminations, contaminated soil remediation, and all other projects. This includes; working with dispatch to efficiently utilize resources, provided timely and accurate communications, as well as prepared various waste manifests and bills of lading. Page 219 Richard Garcia Jr. Clean-up Technician I Academic and Professional Degrees; California Driver's License — Class C 40 -Hour OSHA HAZWOPER 24 -Hour Annual RCRA Training Confined Space Entry Training Emergency Response Training Blood-borne Pathogens Training Asbestos & Lead Awareness Relevant Work Experience: 1) KNAC Environmental Services, Inc. Position: Technician 10/22/2016 to present Scope of Responsibilities: Assist project managers and clean-up technicians in the remediation of hazardous materials and waste projects, including; lab packs, emergency response, confined space projects, demolitions, decontamination, contaminated soil removal, and all other projects. Maintain all emergency response and confined space rescue equipment. Provide general maintenance and housekeeping of KNAC facilities and transportation equipment. Page 22 Rodney Townsend Response Foreman Academic and Professional Degrees: California Driver's License Class A, HAZ TWIC Card Relevant Work Experience: 1) K -VAC Environmental Services, Inc. Project Manager 7-12-15 to present Percentage Applicable to DTSC: 75 Supervisor: Fred Knifer C.F.O. Scope of Responsibilities: Responsible for all aspects of hazardous materials and waste projects, including; lab packs, emergency responses, confined space projects, demolitions, decontaminations, contaminated soil remediation, and all other projects. This includes; utilization of resources, timely and accurate communications, preparing bid estimates, work plans, health and safety plans, project plans, documentation, cost tracking, and project closure. 2) OC Vacuum, Inc. Project Manager 2-10 to 7-15 Percentage Applicable to DTSC: 75 Supervisor: Oscar Carrasco Scope of Responsibilities: Responsible for all aspects of hazardous materials and waste projects, including; lab packs, emergency responses, confined space projects, demolitions, decontaminations, contaminated soil remediation, and all other projects. This includes; utilization of resources, timely and accurate communications, preparing bid estimates, work plans, health and safety plans, project plans, documentation, cost tracking, and project closure. Page 221 Sergio Ortiz -Vera Clean-up Technician 1 Academic and Professional Degrees: California Driver's License Class A, HAZ Relevant Work Experience: 1) KNAC Environmental Services, Inc. Technician/Driver 6-20-13 to present Percentage Applicable to DTSC: 75 Supervisor: Chris Carrasco Dispatcher Scope of Responsibilities: Assist Project Manager and Clean-up Technicians in the remediation of hazardous materials and waste projects, including; lab packs, emergency response, confined space projects, demolitions, decontamination, contaminated soil removal, and all other projects. Provide general maintenance and housekeeping of KNAC facilities and equipment. Transport hazardous and non -hazardous waste to permitted disposal facilities. Page 222 Daniel Esparza Clean-up Technician I Academic and Professional Degrees: California Driver's License — Class A 40 -Hour OSHA HAZWOPER 24 -Hour Annual RCRA Training Confined Space Entry Training Emergency Response Training Blood-borne Pathogens Training Asbestos & Lead Awareness Relevant Work Experience: 1) KNAC Environmental Services, Inc. Position: Technician 06/09/2016 to present Scope of Responsibilities: Assist project managers and clean-up technicians in the remediation of hazardous materials and waste projects, including; lab packs, emergency response, confined space projects, demolitions, decontamination, contaminated soil removal, and all other projects. Maintain all emergency response and confined space rescue equipment. Provide general maintenance and housekeeping of KNAC facilities and transportation equipment. Page 223 Griselle Borboa Clean-up Technician II Academic and Professional Degrees: California Driver's License — Class C 40 -Hour OSHA HAZWOPER 8 -Hour Annual OSHA HAZWOPER Refresher 24 -Hour Annual RCRA Training Confined Space Entry Training Lab Pack Training Compressed gas cylinder Training Regulatory Compliance Relevant Work Experience: 1) K -VAC Environmental Services, Inc. Position: Special Services Coordinator 09/2013 to present Percentage applicable to DTSC: 50% Scope of Responsibilities: Responsible for coordinating special services personnel for response to all hazardous materials and waste projects, demolitions, decontaminations, and other various projects. This includes; utilization of resources, timely and accurate communications, preparing bid estimates, documentation, and project closure. Assist Health and Safety department with employee training. Assist project managers and level 2 technicians with lab packs, confined space projects, contaminated soil removal, and various other Cal Trans and So Cal Gas Company emergency response clean-up projects. Provide general maintenance and housekeeping of K -VAC facilities. 2) Antimite Pest Control Position: Dispatch 12/2011 to 09/2013 Scope of Responsibilities: Responsible for scheduling the route of 10-12 pest control technicians. Calling customers to set up service appointments. Worked directly with the branch manager to ensure all technicians have completed their monthly route services in full. Prepared end of month completion and billing reports for branch manager. Page 224 Albert Borboa Clean-up Technician 2 Academic and Professional Degrees: California Driver's License Class B, HAZ Union Pacific Railroad Orientation and Safety Training Relevant Work Experience: 1) KNAC Environmental Services, Inc. Technician 1-7-14 to present Percentage Applicable to DISC: 85 Supervisor: Chris Carrasco Dispatcher Scope of Responsibilities: Assist Project Manager in the remediation of hazardous materials and waste projects, including; lab packs, emergency response, confined space projects, demolitions, decontamination, contaminated soil removal, and all other projects. Member of the Confined Space Rescue Team. Maintain all emergency response and confined space rescue equipment. Transport hazardous and non -hazardous waste to permitted disposal facilities. Page 225 1 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT A" CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT It is the policy of the City and RCFPD to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City and RCFPD Contracts, including, but not limited to Contracts for Professional Services Agreements ("PSA") with potential Vendors. do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis. agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any RFP response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any RFP response, or removal of same from designated areas. I, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein. (Print Name) (Relationship to the City and RCFPD) (Relationship to the Vendors) (Signature) (Date) Must be included in final RFP submittal. Page 23 of 31 Page 226 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT B" PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY Mark the appropriate choice, below: Y_ Vendors accepts the PSA without exception. OR Vendors proposes exceptions to the PSA. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as "Exception Summary", which shall include the Vendors' rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submi d summary may deem the response as non-responsive. 1 j_c� &lg Date Must be included in final RFP submittal. Page 24 of 31 Page 227 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous waste Removal, Remediation and Disposal Services on an As Needed Basis "EXHIBIT C" ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED the l' C.J�'! 4W?4 (Pre ident, Secretary, Manager, Owner or Representative) (Name of Company, Corporation or Owner) certify that the Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis have been read and understood and that our Vendors is able to provide and maintain the coverage as specified in the PSA. Failure to provide said coverage, upon request to finalize the PSA prior to award shall be enough cause for immediate Failure to maintain said coverage shall result in termination of the contract. -jtmature u Printed Namu A59tv / Title 1r026 Date r Must be included in final RFP submittal. Page 25 of 31 Page 228 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT D" ADDENDUM ACKNOWLEDGEMENT The Vendors hereby acknowledges the following Addenda Number(s) to this RFP have been received, if any. Vendors understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Vendors' responsibility to log into the Bid System to identify and download the number of addenda that have been posted. e _)&L Printed Na e Title I Date Must be included in final RFP submittal. Page 26 of 31 Page 229 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT E" DEBARMENT and SUSPENSION CERTIFICATION FORM I certify that neither Vike &1e!/ 10Q (Vendor) nor any of its proposed subcontractors are not currently listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Vendors or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Vendors or any of its subcontractors subsequently become delinquent in California taxes, our Proposal will be disqualified. "4lw-d Printed Na e WE VA"'11 21 l fl a6-17 Date Must be included in final RFP submittal. Page 27 of 31 Page 230 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT F" PARTICIPATION CLAUSE It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price for a period of -R�' days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy -back awards will be made independently by each agency, and the City and RCFPD is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy -back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Vendors. Successful Vendors will extend prices as proposed herein to other governmental agencies, please specify. YES x NO Must be included in final RFP submittal. Page 28 of 31 Page 231 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT G" SIGNATURE OF AUTHORITY The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed forthe unit cost amounts set forth in the following RFP response. THE VENDOR IN SUBMITTING THIS RFP RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR RFP RESPONSE AS NON-RESPONSIVE. Company Na (m,.e: Address: (5 eet, Su. # City, State, Zip) �,D x � "ho /�/�j� Cd't ll��l� / Telephone M p (qj)q) 41 I 4, ~obi lJ] Fax E-mail�iaddress: Web Address: I v�- t) r I UGV! A� y Ate,, ,, I' W l_�[.V - KV' tee, r u , epM . Aut rized R r senta� (print) T e: t� Sig ti Date: 1 Must be included in final RFP submittal. Page 29 of 31 Page 232 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 26th day of November, 2019, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and the Rancho Cucamonga Fire Protection District ("RCFPD") and K -VAC Environmental Services, Inc, a CTYPE ("Contractor"). RECITALS A. City and RCFPD has heretofore issued its request for proposals to perform the following services: Hazardous Waste Removal, Remediation and Disposal Services (RFP 19/20- 021) ("the Project"). B. Contractor has submitted a proposal to perform the services described in Recital "A', above, necessary to complete the Project. C. City and RCFPD 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 and RCFPD hereby engages Contractor to perform all services described in Recitals "A" and `B" above, including, but not limited to Hazardous Waste Removal, Remediation and Disposal Services; all as more fully set forth in RFP 19/20-021, attached hereto as Exhibit A Contractor's proposal, dated Nov 26, 2019, attached hereto as Exhibit B, and Schedule of Lump Sum and Unit Costs attached hereto as Exhibit C, hereinafter entitled "Scope of Work", and incorporated by reference herein. 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 and RCFPD, the Contractor will promptly meet with City and RCFPD staff to discuss any revisions to the Project desired by the City and RCFPD. 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 PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10102113 Page I Page 233 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 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 "XX". 1.4 Standard of Care. As a material inducement to City and RCFPD 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 and RCFPD of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City and RCFPD 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, 2021. No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of six (6) additional years, unless sooner terminated as provided in Section 14 herein. Contractor may request a Cost of living Increase in an amount not to exceed the increase in the March index of the Consumer Price Index All Urban Consumers for the Riverside -San Bernardino -Ontario, California area published by the U.S. Department of Labor, Bureau of Labor Statistics. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City and RCFPD. 3. Compensation. 3.1 Compensation. City and RCFPD shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $XtXXX (XXXXX), including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City and RCFPD shall not withhold any federal, state or other taxes, or other deductions. However, City and RCFPD 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. PSA without professional liability insurance (contractor) Last Revised: 10102/13 -9T Vendor Initials Page 2 Page 234 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 and RCFPD shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City and RCFPD monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered 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 and RCFPD shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City and RCFPD 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 and RCFPD. 5. Representatives. 5.1 City and RCFPD Representative. For the purposes of this Agreement, the contract administrator and City and RCFPD's representative shall be CITY/FIRE REP, or such other person as designated in writing by the City and RCFPD ("City and RCFPD Representative"). It shall be Contractor's responsibility to assure that the City and RCFPD 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 and RCFPD to the City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Rodney Townsend 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 and RCFPD 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 and RCFPD. 6. Contractor's Personnel. 6.1 All Services shall be performed by Contractor or under Contractor's direct PSA without professional liability insurance (contractor) Last Revised: 10102/13 Vendor Initials Page 3 Page 235 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 and RCFPD 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. 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 RCFPD and its elected officials, officers and employees, servants, designated volunteers, and agents serving, as independent contractors in the role of City and RCFPD 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 and RCFPD shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City and RCFPD from Contractor as a result of Contractor's failure to promptly pay to City and RCFPD 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 providdd 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 and RCFPD. 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 and RCFPD without restriction or limitation upon its use or dissemination by City and RCFPD. 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 and RCFPD. 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 and RCFPD. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City and RCFPD upon written demand by City and RCFPD for their delivery, notwithstanding any disputes between Contractor and City and RCFPD concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City and RCFPD's reuse of the Work Product for any purpose other than the Project, shall be at City and RCFPD's sole risk. 7.2. Assienment of Intellectual Property Interests Upon execution of this PSA without ro essional liability insurance contractor P � tY (contractor) Vendor Initials Last Revised. 10/02/13 Page 4 Page 236 Agreement and to the extent not otherwise conveyed to City and RCFPD by Section 7.1, above, the Contractor shall be deemed to grant and assign to City and RCFPD, and shall require all of its subcontractors to assign to City and RCFPD, 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 the maximum extent permitted by law. City and RCFPD 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 and RCFPD has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City and RCFPD, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, harmless from any loss, claim or liability in any way related to a claim that City and RCFPD'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 and RCFPD'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 and RCFPD the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City and RCFPD; or 6) 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 and RCFPD, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City and RCFPD or otherwise act as an agent of City and RCFPD. Neither City and RCFPD 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 and RCFPD. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City and RCFPD harmless from any and all taxes, assessments, penalties, and interest asserted against City and RCFPD 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 and RCFPD employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided fbr performance of this Agreement are confidential and shall not be disclosed by Contractor without k PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10102113 Page S Page 237 prior written authorization by City and RCFPD. City and RCFPD shall grant such authorization if applicable law requires disclosure. All City and RCFPD data shall be returned to City and RCFPD 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 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 mann6r 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 and RCFPD 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 and RCFPD 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 and RCFPD 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 and RCFPD, 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 RCFPD, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials and RCFPb, (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, PSA tY insurance l�AT without ro ssional liability contractor P � i Vendor (nitlals Last Revised. 10/02/13 Page 6 Page 238 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 and RCFPD'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 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 and RCFPD, or the deposit with City and RCFPD, 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. 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 and RCFPD, 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 I (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 General PSA without professional liability insurance (contractor) vend!"r Initials Last Revised: 10/02/13 Page 7 Page 23� 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 and RCFPD. 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 RCFPD and shall not reduce the limits of coverage. City and RCFPD 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, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD 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 coverap-e shall contain no limitations on the scone of protection afforded to City, RCFPD, its officers officials employees designated volunteers or agents serving as independent contractors in the role of City and RCFPD 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, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials. Any insurance or self-insurance maintained by City, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials shall be in excess of Contractor's insurance and shall not ) L -T PSA without professional liability insurance (contractor) Vendor Initials Last Revised. 10/02/13 Page 8 Page 24C 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 and RCFPD may procure such insurance at Contractor's sole cost and expense. (S) Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City and RCFPD, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials. (6) Each policy shall be issued by an insurance company approved writing by City and RCFPD, which is admitted and licensed to TO business in the State of California and which is rated ANN or better according to the most recent A.M. Best Co. Rating Guide. (� 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. (9) 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 and RCFPD in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City and RCFPD 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) Workers 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 PSA without professional liability insurance (contractor) Last Revised: 10/02113 Ic— Vendor Initials Page 9 Page 241 received and approved by the City and RCFPD before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City an� RCFPD with the required policies or endorsements evidencing renewal of the required policies o 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 tb Contractor and City and RCFPD in the same manner and to the same extent as Contractor is bound to City and RCFPD 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 and RCFPD relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City and RCFPD might require. City and RCFPD shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City and RCFPD 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 and RCFPD exercises its right to terminate this Agreement, City and RCFPD 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 and RCFPD by.reason of such termination, including any claim for compensation. City and RCFPD 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 and RCFPD ten (10) business days prior written notice for any of the following: (1) uncured breach by the City and RCFPD 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 and RCFPD's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the 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. PSA without professional liability insurance (contractor) vendor buttals Last Revised: 10/02/13 Page 10 Page 242 All notices shall be addressed as follows: If to City and RCFPD: William Wittkopf City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 If to Contractor: Rodney Townsend K -VAC Environmental Services, Inc. PO Box 1505 Rancho Cucamonga, CA, 91729 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 and RCFPD'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 beirig 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 and RCFPD, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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 and RCFPD of PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10/02/13 Page 11 Page 243 any payment to Contractor constitute or be construed as a waiver by City and RCFPD 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 and RCFPD shall in no way impair or prejudice any right or remedy available to City and RCFPD 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 and RCFPD. 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. PSA without professional liability Insurance (contractor) Vendor Initials Inst Revised: 10/02/13 Page 12 Page 244 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: K -VAC Environmental City of Rancho Cucamonga W..'MON."� Date Name Title Date Rancho Cucamonga Fire Protection District By: ���Da� S ou.►.M-�.�5 t t � �-l. � 1 Name Date By: Name Date Title Title (two signatures required if corporation) FF PSA without professional liability insurance (contractor) Vendor Initials Last Revised: 10102/13 Page 13 Page 245 EXHIBIT A SCOPE OF SERVICES PSA without professional liability insurance (contractor) Last Revised: 10102113 PT Vendor Initials Page 14 Page 246 -- EXHIBIT B SCHEDULE FOR PERFORMANCE PSA without professional liability insurance (contractor) Last Revised: /0/02113 Vendor Inldals Page 15 Page 247 Attachment A — Sample Waiver of Subrogation (Sample Only — Not all forms will look identical to this Sample) TRAVELERS J' POLICY NUMBER, WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-01 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enlorce our right against the person or organization named in the Schedule.. (i his agrebment applies only to the oxtent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or Indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agent* serving as independent contractors in the role of City or officials. DESIGNATED ORGANiZATtON: PSA without professional liability insurance (contractor) Vendor Last Revised: 10102113 Page 16 Page 248 Attachment B — Sample Additional Insured for On-going Projects POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 2010 07 04 ,. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or ntzation s : Locations Of Covered Operations The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Information required to complete this Schedule, if not shown above will beshown In the Declarations. A. Section it — Who Is An Insured is amended to Include ascan additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability (or 'bodily injury", "property damage" or "personal and advertising Injury" caused, In whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, In the performance of your ongoing operations for the additional Insured(s) at the location(s) desig- nated above. CG 2010 07 04 S. With respect to the insurance afforded to these additional Insureds, the following additional exclu- sions apply: This Insurance does not,apply to "bodily injury" or "property damage" occurring after. 1. AU work, including materials, parts or equip- ment furnished In connection with such work, on the project (other thar service, maintenance or repairs) to be performed by or on behalf of the additional insured(&) pt the location of the covered operations has been completed; or 2. That portion of "your work" out of which the Injury or damage arises has been put to its in- tended use by any person or organization other than another contractor Or subcontractor en- gaged In performing opeiations for a principal as a part of the same project. ® ISO Properties, Inc., 2004 PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 1 of 1 ❑ Vendor Initials Page 17 Page 249 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis "EXHIBIT H" REFERENCES WORKSHEET The following References Worksheet must be complete, please do not mark "See Attached". Provide a minimum of four (4) clients that are similar in size to the City of Rancho Cucamonga that your company has conducted comparable or like services. Preferred references should be government agencies and be a current customer within the past three (3) years. Please verify accuracy of contact information. E °References Ft Company Name ` AVO Contact Name and Title yun Company Address 0 Contact Telephone Number 2O 2A (D Contact Email RA �VO UY YV, n a J Description of Comparative Services and Project Cost (please be specific) �Y✓1�� � YIe 0),-,x �Cl�� cyte ) 9 • fee n oe 2 • i't4 Y"rl..:/ ...E Company Name Contact -Name and Title T*0 str�To dY- Company AddressP! �� �✓h%J� Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) a v 1 tt wl A(\k (� I ii1 -4t Wp* I R • �Mm Page 30 of 31 )An Page 250 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis MIR yy'AJ,✓ �1 f"s -cJ,S Y �:ti "•. .� } �`.h'v 4Cf � n� ` Mei 4 Company Name RCPT ���tc= u�� tPrty Contact Name and Title �cm emc a,ge �u �c-•t �� Company Address g�� FiL R. 4 Contact Telephone Number _ _ (PS -7 ori. Contact Email �3s a+. ac.. ca'. e opv Description of Corraparative Services and Project Cost (please be specific) �j R CO -A- Reefe►r en ce 4 Company Name Irl,bA( r f ipj Contact Name and Title rAll Z� Company Address� tm � 1 Q„ ChzAb Contact Telephone Number Contact Email Description of Comparative Services and ►, Q1ilM QCuWb L4PI Project Cost (please be specific) > • t • I. Page 31 of 31 Page 251 Hazardous Waste Removal Remediation and Disposal Services On An As Needed Basis (RFP #19/20-021) Issued on 10/30/2019 Bid Due on November 27, 2019 9:00 AM (Pacific) Exported on 11/27/2019 Company: K Vac Environmental Services Item Num Description Unit of Measure Unit Price Non -Emergency As -Needed Services 1 Field Technician - Normal Hours (Monday - Friday, 7 am to 5 pm) Hour $95.00 2 Field Technician - Overtime Hour $110.00 3 Class A Driver - Normal Hours (Monday - Friday, 7 am to 5 pm) Hour $130.00 4 Class A Driver - Overtime Hour $145.00 5 Supervisor - Normal Hours (Monday - Friday, 7 am to 5 pm) Hour $155.00 6 Supervisor - Overtime Hour $170.00 Emergency As -Needed Services 7 Field Technician - Normal Hours (Monday - Friday, 7am to 5 pm) Hour $155.00 8 Field Technician - Overtime Hour $170.00 9 Class A Driver - Normal Hours (Monday - Friday, 7 am to 5 pm) Hour $145.00 10 Class A Driver - Overtime Hour $160.00 11 Supervisor - Normal Hours (Monday - Friday, 7am to 5 pm) Hour $215.00 12 Supervisor - Overtime Hour $230.00 Biohazardous Waste Disposal 13 Human (blood, fecal matter or urine in containers) Pound $0.50 14 Human (blood, fecal matter or urine in containers) Pound $0.50 15 Wash Water generated from providing the service Gallon $0.45 16 Wash Water generated from providing the service 5 Gallon $2.50 17 Confined Space Entry Hour $450.00 18 Homeless Encampment debris removal 35 Gallon Drum $90.00 19 Homeless Encampment debris removal 55 Gallon Drum $180.00 Clarifier/Storm Drain Waste Pumping 20 Hazardous Waste (Vac truck and driver) Hour $240.00 21 Non -Hazardous Waste (Vac truck and driver) Hour $255.00 Drummed Waste Removal 22 Waste Oil 55 Gallon Drum $160.00 23 Waste Oil Filters 55 Gallon Drum $80.00 24 Antifreeze 55 Gallon Drum $160.00 1of2 1/22/2020, 5:41 PM Page 252 2of2 1/22/2020, 5:41 PM Page 253 Hazardous Waste Disposal 25 Automotive Fluids (motor oil, transmission fluid, antifreeze/coolant) Gallon $3.00 26 Confined Space Entry Hour $470.00 27 Diesel and Gasoline Gallon $1.55 28 Flammable Liquids Gallon $96.00 29 Homeless Encampment debris removal 35 Gallon Drum $75.00 30 Homeless Encampment debris removal 55 Gallon Drum $150.00 31 Non -Hazardous Waste Gallon $0.45 32 Oil Based Paint Gallon $250.00 33 Water Based Paint Gallon $1.40 34 Sharps Pound $0.50 35 Toxic Liquid Gallon $12.00 36 Toxic Solid Gallon $15.00 Vehicle/Equipment 37 Supervisor Truck Hour $25.00 38 Stake Bed Truck Hour $35.00 39 Skid Mount Vacuum Hour $110.00 40 Trailer Mounted Hot Water Pressure Washer Hour $55.00 41 Vacuum Truck Hour $110.00 Other Charges 42 Shipping/Delivery Lot $250.00 43 E Manifest Charge Lot $30.00 2of2 1/22/2020, 5:41 PM Page 253 DATE: February 12, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Ernest Ruiz, Streets, Storm Drain and Fleet Superintendent Kenneth Fung, Assistant Engineer SUBJECT: CONSIDERATION TO ACCEPT THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 18-19 PROJECT AS COMPLETE, FILE THE NOTICE OF COMPLETION, AND AUTHORIZE RELEASE OF RETENTION AND BONDS. RECOMMENDATION: Staff recommends the City Council: 1. Accept the Traffic Signal Battery Backup System Replacement FY 18-19 Project, Contract No. 19-040, as complete. 2. Approve the final contract amount of $286,591.03. 3. Authorize the release of the Faithful Performance Bond and accept a Maintenance Bond. 4. Authorize the release of the Labor and Materials Bond in the amount of $279,000.00, six months after the recordation of said notice if no claims have been received. 5. Authorize the Public Works Services Director to file a Notice of Completion and release of the retention in the amount of $14,329.56, 35 days after acceptance. 6. Authorize the Public Works Services Director to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: The purpose of a traffic signal battery backup system (BBS) is to provide power to a traffic signal so it will operate in 4 -way flash mode during a power outage. The existing BBS have reached the end of their service life expectancy and are no longer supported by their manufacturers. Rather than wait for an existing BBS to fail and then replacing it on an emergency basis, the Public Works Services Department decided to be proactive and replace the aging BBS with new BBS. Staff identified a total of one hundred thirty (130) traffic signals with existing BBS that need to be replaced. This project replaced the BBS at 24 traffic signals and is the first phase of a multi-year replacement plan. Pertinent information of the project is as follows: Budgeted Amount: $300,000.00 Publish Dates for Local Paper: January 29, 2019 and February 5, 2019 Bid Opening: March 5, 2019 Contract Award Date: April 3, 2019 Low Bidder: Siemens Mobility, Inc. Page 254 Contract Amount: $279,000.00 Contingency: $21,000.00 Final Contract Amount: $286,591.03 Difference in Contract Amount: $7,591.03 (2.7%) ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the Public Works Services Director. The net increase in the total cost of the project is a result of one (1) Contract Change Order (CCO). During installation of the battery backup systems at five (5) signalized intersections, it was discovered that the existing service wires had been spliced together. Spliced together wiring does not comply with City standards and requirements because splices have a high risk of failure. This would result in the traffic signal suddenly losing power. Staff inspected these five (5) intersections and agreed to the Time and Materials (T&M) proposal to replace the spliced wiring from the power source to the traffic signal controller cabinets. At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk is authorized to release the Maintenance Bond upon approval by the Public Works Services Director. FISCAL IMPACT: Adequate funds were included in the Fiscal Year 2018/19 adopted budget for this project in account number 1174303-5650/1980174-0 (Gas Tax) and account number 1712001-5650/1980712-0 (Equipment/Vehicle Replacement). COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal of Public Safety because replacing the battery backup systems ensures that in the event of a power outage, the City's traffic signals will be able to provide limited traffic control at signalized intersections. ATTACHMENTS: Description Notice of Completion Page 255 Attachment 1 - Notice of Completion RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA P. O. Box 807 Rancho Cucamonga, California 91729 WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P. O. Box 807 Rancho Cucamonga, California 91729 Exempt from recording fees pursuant to Govt. Code Sec. 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: All public rights-of-way within the boundaries of Contract No. 19-040 2. The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 10500 CIVIC CENTER DRIVE, P. O. BOX 807, RANCHO CUCAMONGA, CALIFORNIA 91730, 3. On February 12, 2020, there was completed in the hereinafter described real property the work of improvement set forth in the contract documents for: Traffic Signal Battery Backup System Replacement FY 18-19 Project Remove and replace existing battery backup systems at 24 traffic signals plus related work 4. The name of the original contractor for the work of improvement as a whole was: Siemens Mobility, Inc. 5. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: 10500 Civic Center, Rancho Cucamonga, CA 91739 No APN for the 24 traffic signal locations DATE Executed in the City of Rancho Cucamonga, California CITY OF RANCHO CUCAMONGA, a Municipal Corporation, Owner I hereby certify under penalty of perjury that the fore ing is Prue and correct. William Wittkopf Public Works Services Director Page 256