Loading...
HomeMy WebLinkAboutHHW Collection Events RFP REQUEST FOR PROPOSALS Household Hazardous Waste Collection Events Contract & Professional Services Submission Deadline – March 26, 2025 3:30 pm Pacific Standard Time (“PST”) Household Hazardous Waste Collection Events March 14 2 | P a g e 1. INTRODUCTION The City of Diamond Bar is requesting proposals from qualified vendors to organize, staff, and manage three (3) one-day Household Hazardous Waste (HHW) collection events annually from 2025 through 2027. The selected vendor(s) will be responsible for collecting, transporting, and properly treating/recycling/disposing of HHW, while ensuring compliance with all applicable laws and regulations. RFP Date: March 14, 2025 Project Name: Household Hazardous Waste Collection Events Department: City Manager’s Office Proposal Deadline: March 26, 2025 3:30 pm Proposals shall be delivered by the proposal deadline via the PlanetBids portal (https://vendors.planetbids.com/portal/39500/bo/bo-detail/127617). All proposals submitted in response to this RFP will become property of the City upon submittal and a matter of public record pursuant to applicable law. Late submittals will not be accepted. Questions regarding this RFP shall be made in writing via PlanetBids. Questions and responses may be made available to all potential proposers. The City will review all proposals received by the submittal deadline indicated in this RFP. Proposals that do not meet the minimum requirements of this RFP will be rejected. The City reserves the right to select the firm that best meets the overall needs and offers the best overall value to the City based on a variety of criteria, including but not limited to, experience of the team, quality of work product, successful completion of similar projects, and cost effectiveness, but not solely on the lowest cost of services. Those Contractors considered most responsive to this RFP may be requested to attend at least one interview with the City. The City may determine that a selection can be made without conducting interviews. Upon completion of the City's evaluation process, the most qualified Contractor shall be invited to meet with the City to negotiate compensation, terms, and conditions. If an agreement is not reached, the negotiations will be terminated, Household Hazardous Waste Collection Events March 14 3 | P a g e and similar interviews will then follow with the next firm. All such negotiations shall be strictly confidential, and in no case shall the compensation involving one Contractor be discussed with another or made public. The following tentative schedule has been established for the selection of a firm which is subject to change: • RFP Posting Date March 14, 2025 • Written Questions Deadline March 20, 2025 3:30 pm • Proposal Due Date March 26, 2025 3:30 pm • Award of Contract July 1, 2025 The City of Diamond Bar shall not be liable for any pre-contractual expenses incurred by any Contractor, nor shall any Contractor include any such expenses as part of the proposed cost. Pre-contractual expenses include any expense incurred by a contractor prior to the date of an executed contract, such as the cost of preparing and submitting a proposal and negotiating any terms with the City. 2. ABOUT THE CITY Diamond Bar is a scenic community located on the eastern edge of Los Angeles County, within minutes of Orange, Riverside, and San Bernardino counties. With its origin as a center for ranching perched among a landscape of rolling hills in the East San Gabriel Valley, Diamond Bar became one of the first master planned communities in Los Angeles County dating back to 1956, and has grown since that time to be known for its friendly country-living atmosphere, abundant open spaces, exceptional public facilities, well-maintained parks and hiking trails, and excellent schools. In 1989, Diamond Bar became the 86th city in Los Angeles County. Today, Diamond Bar covers 14.9 square miles and is home to 57,177 residents. Diamond Bar is bounded by the cities of Industry and Pomona to the north, Chino Hills to the east, and unincorporated Los Angeles County to the south and west. With convenient access to State Routes SR-57 and SR-60, Diamond Bar is within 30 miles driving distance of the cities of Los Angeles, Riverside, and Irvine, making it a desirable destination to live and work. The Industry Metrolink Station lies on the City’s northern border, providing east-west transit connections to Los Angeles and Riverside. 3. PROJECT BACKGROUND Household Hazardous Waste Collection Events March 14 4 | P a g e The City of Diamond Bar hosts an annual Los Angeles County Household Hazardous Waste (HHW) Collection Event, typically held in March. However, beyond this one-day event, access to HHW disposal remains a challenge for residents. The nearest County S.A.F.E. Collection Center is over 25 miles away, and the closest permanent HHW facility is more than 38 miles from the City. To address this gap, the City has actively promoted hauler HHW collection programs and local drop-off locations, such as Ace Hardware for batteries and light bulbs and AutoZone for used motor oil and oil filters. Despite these efforts, there is still a need for more accessible HHW collection options. The City applied for and was awarded the HHW Small Projects Grant (Cycle 43) from CalRecycle. These funds will support three additional one-day HHW collection events, scheduled annually from 2025 through 2027. The City’s most recent drive-through recycling event, which featured paper shredding, textile recycling, and e-waste collection, saw participation from over 600 vehicles. Given the growing demand for HHW disposal, a similar or higher turnout is anticipated for these upcoming one-day collection events. 4. SCOPE OF WORK AND DELIVERABLES To be considered, proposals must address each task listed below and describe how the firm will accomplish them. The selected Contractor must provide all equipment, tools, personnel, and supervision necessary to successfully complete the services outlined. A. Household Hazardous Waste (HHW) Collection Events and Pre-Planning Requirements The City anticipates holding three (3) annual one-day HHW collection events, likely on a Saturday in November from 8:00 AM to 3:00 PM and may coincide with the City’s annual America Recycles Day. Dates of events are potentially 11/15/2025, 11/14/2026, and 11/13/2027. The preferred location is the South Coast Air Quality Management District (SCAQMD) parking lot at 21865 Copley Drive, Diamond Bar, CA, though date, time, and location are subject to change. 1. Organize and manage all aspects of each event, coordinating with City staff on site plan, traffic control, signage, operations, and logistics. There will likely be other activities (such as paper shredding and mulch pick up) at the same time and locations where coordination between HHW collection activities Household Hazardous Waste Collection Events March 14 5 | P a g e (contractor responsibility) will be needed with the other activities (City responsibility). 2. Contractor will be responsible for: a) Unloading waste from participants’ vehicles b) Segregating materials c) Identifying possible unknown and unlabeled wastes d) Efficiently packing all wastes in accordance with Department of Transportation requirements and other applicable transportation and handling requirements e) Transporting waste to an appropriate treatment, storage, and disposal facility 3. Attend a pre-event meeting to finalize event site plans, clarify roles and responsibilities, and review the Health & Safety Plan, Emergency Response Plan, and Contingency Plans. The plans listed below should be prepared by the contractor and supplied to the City 90 days in advance of the event: a) Health & Safety Plan b) Emergency Response Plan c) Contingency Plans 4. Complete the full setup of the hazardous waste station at least one hour before the event begins. All collected materials must be inventoried, packaged, and transported off-site on the same day. Site cleanup, breakdown, and equipment removal must be completed by 6:30 PM the same day of the event. Site must be turned into its original condition after the event. All cleanups, including major cleanups from chemical spills are the responsibility of the contractor to the satisfaction of the City Project Team, and host, SCAQMD and its Facility Use Policy. 5. Contractor shall supply all necessary equipment, materials, and supplies (e.g. drums, debris boxes, absorbent materials, safety equipment, appropriate shipping papers, etc.) necessary to perform the services required. All packing, equipment, and vehicles must meet applicable requirements of federal, state, and local laws and regulations. 6. Ensure all personnel are properly trained, certified, and compliant with all federal, state, and local regulations. Staff training logs and certificates must be provided in advance of each event. 7. An adequate number of personnel must be on-site to efficiently manage operations and supplied with all personal protective equipment (PPE), including but not limited to safety eye-wear, boots with steel toe, and respirators when required. Household Hazardous Waste Collection Events March 14 6 | P a g e 8. Provide qualified staff, transportation, recycling, treatment, and/or disposal services for hazardous and universal wastes. Follow the City’s waste management priorities, in order of preference: a) (1) Recycling and reuse b) (2) Energy recovery c) (3) Conversion to non-hazardous or less hazardous compounds d) (4) Complete destruction or secure landfilling, as appropriate 9. Identify all treatment, storage, and disposal facilities to be used. Submit: a) Facility contact information, permits, and violation history (last two years). If violations exist, explain corrective measures taken. 10. Submit a staffing plan prior to each event that includes: a) Total number of employees and staffing levels per event (chemists, technicians, etc.) b) Names and experience levels of key personnel c) Training details in hazardous waste management 11. Prepare and submit all requested documentation and reporting for each event, including: a. Types and quantities of materials collected (in pounds) b. Disposal methods (recycled, incinerated, neutralized, etc.) c. Waste packing methods (loose pack, lab pack, bulking, palletizing, yard box, etc.) d. Detailed invoice summarizing each load collected. The invoice should include drum number, size, and type of waste for each manifest. e. Compliance documentation: i. Container content records (collected at event) ii. Manifests and shipping papers iii. Exception reports, if needed iv. Certificates of destruction or disposal 12. Ensure full compliance with all applicable federal, state, and local laws and regulations, including those regulated by DTSC, CUPA, CalRecycle, and OSHA. 13. Develop and submit emergency response, health and safety, and contingency plans at least 90 days prior to each event. Maintain copies on- site and train all staff in health, safety, and emergency procedures. B. Specific Requirements 1. Maintain all required permits and licenses, including but not limited to: Household Hazardous Waste Collection Events March 14 7 | P a g e o Valid EPA ID numbers for hazardous waste transportation, storage, and generation o Valid CUPA permit o Valid California hazardous waste transporter permits 2. Secure and maintain adequate insurance coverage before beginning work. 3. Contractor and subcontractors must certify compliance with CalRecycle Reliable Contractor Declaration (CalRecycle Form 168) included as Exhibit B. If listed as unreliable during the contract term, the City will terminate the agreement. C. Acceptable and Non-Acceptable Waste Types 1. Waste Types Collected: o Used motor oil and filters o Paints and solvents o Non-empty aerosol cans o Household cleaning products o Car and household batteries o Battery-embedded products o Fluorescent tubes and bulbs o Mercury waste o Solar panels/Photovoltaic (PV) modules o Propane gas cylinders (up to 5 gallons) 2. Waste Types NOT Collected: o Covered electronic devices (screens larger than 4 inches) o Ammunition or explosives o Radioactive materials o Infectious or biological waste o Medical waste, sharps, or pharmaceuticals o Bulky items (furniture, large appliances) o Recyclables such as plastic bottles, cardboard, or metal scraps o Green waste o Tires o Commercial hazardous waste The Contractor must outline procedures for accepting/rejecting waste and specify reasons for refusal. Adjustments to the accepted waste list may be proposed by the Contractor for City review. Any conflicts should be identified in the proposal. Household Hazardous Waste Collection Events March 14 8 | P a g e 5. FORMAT AND CONTENTS OF PROPOSAL The Consultant’s proposal shall contain the following information and shall be organized as follows: A. Cover Letter A brief cover letter summarizing key points of the Proposal that must be signed by an individual with authority to bind the Contractor and should state all conditions proposed are valid for a period of at least ninety (90) calendar days. B. Project Team An organization chart indicating principals and key project team members. Also, provide resumes or copies of licenses or professional certificates of the key personnel involved with this contract including personnel from subcontractors (if any). Identify the experience of the personnel assigned and briefly outline the responsibilities of each member. If any changes in personnel or subcontractors occur during the contract period, the Consultant shall notify the City and furnish the same required information for review and approval. C. Firm's Experience/References Provide a list of at least three (3) references who may be contacted to discuss their experience working with the Company on similar projects. Please provide contact information including Organization, Name, Title, Address, Phone, Email, Project Name and Date of Completion. D. Methodology/Project Understanding Describe the approach and methods that will be used to meet the Scope of Work. The methodology should include a detailed description of how operations will be managed during collection events, including waste material handling, packaging, and transportation. The proposal must also identify each disposal site and provide proof that the facility is fully permitted and approved as a hazardous waste Treatment, Storage, and Disposal Facility (TSDF). Additionally, identify any potential concerns or challenges your firm anticipates during the term of this contract. E. Cost for Services Household Hazardous Waste Collection Events March 14 9 | P a g e The Contractor shall provide a comprehensive fee schedule with a clear not-to-exceed amount, covering all costs necessary to perform the specified work. This fee schedule must account for expenses related to equipment, machinery, tools, materials, labor, transportation, and any required apparatus. Pricing must include waste stream identification, assistance with shipping document preparation, quality assurance analysis, and the final treatment and disposal of collected waste. Any additional or recommended tasks and their associated costs should be clearly identified in the proposal. Cost should be broken down into the following: a. Cost per event (supplies, labor, etc) b. Cost for disposal of each waste type, with a price for each waste stream that is inclusive of the materials used to package, (i.e. barrels, absorbent), transportation, and treatment. c. Cost for extra work (an hourly labor cost for events other than those described above. The City will not cover additional charges for expenses, unless these are explicitly included in the proposal. All cost estimates must be transparent, detailed, and inclusive to ensure accurate budgeting and contract execution. F. Contractor Compliance Contractor shall list any violations received in the last three years in the state of California with respect to the transportation, management, and disposal of hazardous waste. “Violations” include final judgments or orders of regulatory or judicial bodies and notices of violations resulting in monetary payment by consent or order. G. Insurance and Permit Information Proof of insurance requirements addressed in the services agreement of this Request for Proposal shall be submitted by the selected Contractor upon execution of the contract as defined under the City’s existing purchasing Ordinance. The selected Contractor must submit a "Statement Certifying Insurance Coverage" certifying that the required insurance coverage will be obtained by the Contractor, and that the Contractor understands said coverage is prerequisite for entering into an agreement with the City. The Contractor is required to confirm with its insurance carrier that it can meet Household Hazardous Waste Collection Events March 14 10 | P a g e all the requirements for insurance. Failure to meet the insurance regulations as set forth shall result in proposer’s disqualification. Contractor shall be a licensed hazardous waste hauler pursuant to California Health and Safety Codes Section 25163 at the time of the award and shall maintain such license throughout the duration of the Agreement with the City. Proposal should list all permits currently held related to hazardous waste collection and provide evidence of these permits. H. Services Agreement Provide a statement certifying that you agree to the City’s Services Agreement terms and conditions. Any proposed edits to the agreement shall be submitted with the proposal for staff’s review and consideration. 6. SUBCONTRACTING The Contractor may utilize the service of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. Unless a specific Subcontractor is listed by the Contractor, Contractor is representing to City that Contractor has all appropriate licenses, certifications, and registrations to perform the work hereunder. After submission of the Proposal, the Contractor shall not award work to any unlisted Subcontractor(s) without prior written approval of the City. The Contractor shall be fully responsible to the City for the performance of the Subcontractors, and of persons either directly or indirectly employed by them. Nothing contained herein shall create any contractual relation between any Subcontractor and the City. 7. RIGHT TO REJECT ALL PROPOSALS The City reserves the right to withdraw, reduce, or revise elements of the scope of work prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted; and no representation is made hereby that any contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer. The City shall only provide the staff assistance and documentation specifically referred to herein and shall not be Household Hazardous Waste Collection Events March 14 11 | P a g e responsible for any other cost of obligation of any kind which may be incurred by the proposing firm. 8. PUBLIC RECORDS ACT Responses to this RFP become the exclusive property of the City and subject to the California Public Records Act. Those elements in each proposal which are trade secrets as that term is defined in Civil Code section 3426.1(d) or otherwise exempt by law from disclosure and which are prominently marked as "TRADE SECRET,” "CONFIDENTIAL,” or "PROPRIETARY" may not be subject to disclosure. The CITY shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. Proposers which indiscriminately identify all or most of their proposal as exempt from disclosure without justification may be deemed non-responsive. In the event the CITY is required to defend an action on a Public Records Act request for any of the contents of a proposal marked "confidential", "proprietary", or "trade secret", Proposer agrees, upon submission of its proposal for City's consideration, to defend and indemnify the City from all costs and expenses, including attorney’s fees, in any action or liability arising under the Public Records Act. 9. POINT OF CONTACT Questions must be submitted on or before Monday, March 17, 2025 at 3:30 pm PST via PlanetBids. Questions sent directly to City Staff will not be addressed and Proposer will be directed to submit their question(s) online via the ‘Q&A’ tab on the PlanetBids posting. For any questions not related to the RFP, please contact: Tara Reyes, Management Analyst treyes@diamondbarca.gov 10. SUPPORTING DOCUMENTS List any related supporting documents that are attached, as shown in the example below. Exhibit A – Services Agreement Exhibit B – CalRecycle Reliable Contractor Form Household Hazardous Waste Collection Events March 14 12 | P a g e Exhibit A SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of , 20XX by and between the City of Diamond Bar, a municipal corporation ("City") and ___________, a [Insert the type of entity of the Contractor, e.g., Inc., a California corporation; a California general partnership; a California limited liability company; a sole proprietor; etc.] ("Contractor"). 1. Contractor's Services. Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the [Describe general type, i.e., landscape] services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. [Insert Name and Position] ____________ (herein referred to as the “City’s Project Manager”), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect ___________, 20XX, and shall continue until (“Term), unless earlier terminated pursuant to the provisions herein. [Optional Language for Extensions] The City shall have the option to extend this Agreement for [describe extension option, e.g., two (2) additional two (2) year terms.], subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: Any increase in compensation will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Household Hazardous Waste Collection Events March 14 13 | P a g e Department of Labor, has increased over the CPI for the month one year prior to the Index Month. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed [Spell out dollar amount] Dollars ($ ________) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel, and all related expenses. 4. Payment. A. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent, and any extra work performed. C. City will pay Contractor the amount invoiced the City will pay Contractor the amount properly invoiced within 35 days of receipt. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Contractor. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control [Alternative language if both the City's RFP and the Contractor's Proposal are attached as part of Exhibit A, you need to decide which one has priority, as between the RFP and Contractor's Proposal. Language would be along the following lines: "In the event of any inconsistency between this Agreement and the attached exhibits, the following order of precedence shall apply: (a) This Agreement; (b) The City's Request for Proposal, dated _____; and (c) Consultant's Proposal dated ______.] 7. Status as Independent Contractor. Household Hazardous Waste Collection Events March 14 14 | P a g e A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency or the Public Employee Retirement System regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor or its employees, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor’s failure to comply with this Section. 8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized Household Hazardous Waste Collection Events March 14 15 | P a g e aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including reasonable attorney fees, incurred by City. 10. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s contractor’s employees arising out of Contractor’s work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of or failure to perform work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. 11. Insurance. A. Prior to performance of work under this Agreement and at all times during the term of this Agreement Contractor shall carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $2,000,000.00 combined single limit coverage against any injury, death, loss or damage as a Household Hazardous Waste Collection Events March 14 16 | P a g e result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $2,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. [Note: Does not apply to a sole proprietor, i.e., a Consultant with no employees, but can leave in as it states: "when required by law."] B. The Indemnitees shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce, or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the Household Hazardous Waste Collection Events March 14 17 | P a g e effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor’s due to such failure in order to secure defense a nd indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor. I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 12. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for Household Hazardous Waste Collection Events March 14 18 | P a g e inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project Household Hazardous Waste Collection Events March 14 19 | P a g e awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 17. Non-Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 19. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in w riting, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 20. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. Household Hazardous Waste Collection Events March 14 20 | P a g e 21. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 23. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable 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, including costs of expert witnesses and consultants. [Optional. Generally, do not include unless contract amount is over $100,000.] 24. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, w hether at law or in equity with respect to any such dispute or controversy. [Optional. Generally, do not use if Agreement is for less than $40,000.] 25. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONTRACTOR” “CITY” City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Household Hazardous Waste Collection Events March 14 21 | P a g e Attn.: Attn.: _______________ Phone: Phone: E-Mail: E-mail: 26. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 28. Severability. If any term, condition, or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Contractor" "City" [Insert Full Name of Contractor] CITY OF DIAMOND BAR By: ______ By: ____ Printed Name: [Insert Name of Person authorized to sign, Title: i.e., City Manager or Mayor] By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk Household Hazardous Waste Collection Events March 14 22 | P a g e Approved as to form: By:____ Omar Sandoval, City Attorney State of California "CONTRACTOR'S" License No. ______ . [If applicable] CONTRACTOR'S Business Phone ____________________. Emergency Phone ________________________ at which CONTRACTOR can be reached at any time. *NOTE: If Contractor is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.