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CITY OF ARCADIA 1100-80
PROFESSIONAL SERVICES AGREEMENT c.— L4(o 1 O
FUEL MANAGEMENT & EXTRAORDINARY REPAIRS
This Agreement is made and entered into as of Tnntjory' , 20 by and
between the City of Arcadia, a municipal corporation organized and 6perating under the laws of
the State of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 ("City"), and SunWest Engineering Constructors, Inc., a California
Corporation, with its principal place of business at 4780 Cheyenne Way, Chino, CA 91710
(hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred
to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project: Fuel Management & Extraordinary Repairs (hereinafter
referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of TWENTY-FOUR THOUSAND, FIVE HUNDRED
EIGHTY-SIX DOLLARS AND FORTY-NINE CENTS ($24,586.49). This amount is to cover all
printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed
description of the work performed. Payments to Consultant for work performed will be made on
a monthly billing basis.
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3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Term.
The term of this Agreement shall be for one year from the date of execution, unless
earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the
term of this Agreement if necessary to complete the Project. Consultant shall perform its services
in a prompt and timely manner within the term of this Agreement and shall commence
performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The
Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
24347.00006130493020.2
C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Commercial General Liabilitv
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form. CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
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(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 2010
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liabilitv
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non -owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
C. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers' compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
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(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers' compensation coverage of the same type and limits as
specified in this section.
d. Professional Liability (Errors and Omissions]
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. "Covered Professional Services" as designated in the policy must
specifically include work performed under this Agreement. The policy must "pay on behalf of the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy_Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
Evidence Required
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Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CO 00 01 (or insurer's equivalent)
signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims -made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
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h. Qualiiyinq Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
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wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant's services, the Project
or this Agreement, including without limitation the payment of all damages, expert witness fees
and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials,
officers, employees, agents, or volunteers.
b. • To the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Consultant's obligations under the above indemnity shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, but shall not otherwise be reduced. If Consultant's obligations to defend, indemnify,
and/or hold harmless arise out of Consultant's performance of "design professional services" (as
that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final
adjudication that liability under a claim is caused by the comparative active negligence or willful
misconduct of the City, Consultant's obligations shall be reduced in proportion to the established
comparative liability of the City and shall not exceed the Consultant's proportionate percentage
of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain "public works" and "maintenance" projects
("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration,
demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1).
b. If the services are being performed as part of an applicable "public works"
or "maintenance" project and if the total. compensation is $15,000 or more for maintenance or
$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to
Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such
services must be registered with the Department of Industrial Relations. Consultant shall maintain
registration for the duration of the Project and require the same of any subconsultants, as
applicable. This Project may also be subject to compliance monitoring and enforcement by the
Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all
applicable registration and labor compliance requirements.
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C. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant's performance of services, including any delay, shall be Consultant's sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eli ibilit .
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
15. City Material Requirements.
Consultant is hereby made aware of the City's requirements regarding materials, as set
forth in the Request for Proposal, which are deemed to be a part of this Agreement.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Los Angeles, State of California.
17. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial
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failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Pamela E. Lawrence, President, as Project Manager. The
Project Manager shall not be removed from the Project or reassigned without the prior written
consent of the City.
20. Limitation of Aareement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
CITY:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
Attn: Carlos Aguilar
General Services Superintendent
and shall be effective upon receipt thereof.
22. Third Party Rights
CONSULTANT:
SunWest Engineering Constructors, Inc.
4780 Cheyenne Way
Chino, CA 91710
Attn: Pamela E. Lawrence
President
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
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24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
27. Non -Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Richt to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
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have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARCADIA
AND SUNWEST ENGINEERING CONSTRUCTORS, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF ARCADIA
By:
Dominic Lazia-wkfo
City Manager
ATTEST:
By: CV
City Clerk
APPROVED AS TO FORM:
By: 4j
Michael J. Maurer
City Attorney
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SUNWEST ENGINEERING CONSTRUCTORS, INC.
L
By. r
Title:
Printed Name: '�-We/.C-
By: zK- Kee��z
Title: J I`Y
Printed Name: Bkmp cX "cL
CONCUR:
Paul Cranmer ~�
Public Works Services Director
EXHIBIT A
Scope of Services
This Scope of Services for the Fuel Management and Extraordinary Repair Services in response
to the RFP No. PWS -10-2023 shall include but not limited to the following and is incorporated into
this Agreement herewith:
*See attached Attachment "A" — Scope of Work
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Attachment.°'A" to-Exhibit'A"--
SCOPE OF WORK
This RFP is intended to cover all labor, tools, equipment, materials, services,
licensed/certified technicians, and insurance to provide annual and/or monthly testing,
inspections, certifications, and extraordinary repair services for all City of Arcadia fueling
facilities.
Services shall be performed at the City of Arcadia's four (4) fueling locations:
LOCATION
ABOVE OR BELOW
GROUND
--
TYPE OF FUEL
- -
TANK
CAPACITY
(gallons)
Fire Station # 105
Aboveground (1)
Diesel - clear low carb
3,000
710 S. Santa Anita Ave.
Aboveground (1)
Unleaded - 87 octane
3,000
Arcadia, CA
(split tank)
Fire Station # 107
79 W. Orange Grove
Aboveground (1)
Diesel - clear low carb
2,000
Arcadia, CA
Police Department
250 W. Huntington Dr.
Underground (1)
Unleaded - 87 octane
12,000
Drive Arcadia, CA
Public Works Services
Aboveground (1)
Diesel - clear low carb
4,000
11800 Goldring Rd.
Aboveground (1)
Unleaded - 87 octane
6,000
Arcadia, CA
City of Arcadia Public Works Services
Demotion of Service/Work:
A. Contractor shall conduct annual testing and certifications, and monthly inspections.
Most repairs shall be made at the City's fueling facilities where the equipment is
located.
Monthly inspection of all underground storage tanks (UST) fueling stations to be
performed by a licensed contractor who will be responsible for checking all fueling
operations including printing out Veeder-Root fueling transactions. All inspections
are to be documented in the on-site logbook.
B. Equipment to be serviced shall include fuel dispensers and fuel pumps. Services
consist of pumping water out of the fuel tank, piping repairs from tank to tank, fuel
tank, and line pressure testing and painting.
C. Tank testing shall include static pressure decay, vapor return line testing, and
vapor pressure reduction testing as required by South Coast Air Quality
Management District and Los Angeles County Department of Public Works
Environmental Services Department. Further information may be obtained at
http://www.agmd.gov/ and httn://www.ladpw.o[g/services/environment/
D. Contractor shall be responsible for Annual Vapor Recovery testing for UST tanks
and filing for permits and entering the information into the Los Angeles County's
California Environmental Reporting System (CERS) website.
E. Contractor shall be responsible for the three-year UST secondary containment
testing and filing for permits and entering the information into the Los Angeles
County CERS website.
F. Contractor shall be responsible for all aboveground storage tank (AST) vapor
recovery testing and filing permits with SCAQMD.
City of Arcadia Public Works Services
G. Contractor- shall be -.responsible _for updating all- -.site- records, -- inspections, -
addressing compliance issues, and performing repairs per local, state, and
federal regulations.
H. Contractor shall be responsible when called out to replace defective equipment
and troubleshoot fueling stations when called out as part of the "extraordinary"
service of the contract. All repairs and compliance violations are to be
documented in the on- site log books.
I. All equipment, parts, and materials installed by the Contractor shall be of the size
and capacity of, and be functionally equal to the equipment and parts being
replaced. All work shall be done in accordance with manufacture instructions and
appropriate codes for the equipment being serviced.
J. Contractor shall survey the fuel site system upon arrival, identify the problems,
and report back while at the site by phone or in writing as to the nature of the
problem.
K. Contractor shall provide City staff with accurate information on the type(s) of parts
and repairs that are needed. When requested, a written estimate of the costs for
the repairs shall be provided to the General Services Superintendent or Designee.
L. Contractor shall possess a Class -A General Engineering, or D-40 Service
Station Equipment and Maintenance Contractor license and (ICC)
International Code Council Certifications in order to repair or replace
defective hanging hardware components of the (GDF) Gasoline Dispensing
Facility.
M. Should the General Services Superintendent or designee determine that the
service technician dispatched to the site by the Contractor has insufficient
equipment, training, or experience to perform the required repairs, the General
Services Superintendent or designee may direct the Contractor to immediately
remove from the work site and substitute a qualified service technician to make
the repairs. The City will not pay the Contractor for a service technician that is
removed from the site for the above reasons, nor shall the City pay the
Contractor for "stand-by" time for the service technician awaiting arrival of a
qualified representative. In all cases, it shall be the Contractor's responsibility to
ensure that the service crew sent to make repairs is comprised of qualified
personnel with sufficient equipment.
N. Hourly rates shall include full compensation for one (1) I.C.C. UST/AST certified
technician, tools, travel, equipment, and incidentals to complete the work. Travel
City of Arcadia Public Works Services
and mileage --shall be included: in the:.:hour_lyrate. Payment shall -only -be -:made for -
one (1) technician per job unless additional technicians are pre -authorized in
advance by General Services Superintendent or designee.
O. Site visits shall be coordinated with the General Services Superintendent or
Designee to ensure access to all buildings and facilities.
P. Annual Testing:
Testing shall be completed at all four (4) City facilities as required by South Coast
Air Quality Management and the Los Angeles County Department of Public Works
Environmental Services Department. Contractor shall provide the City four (4)
working days advance notice of testing.
Q. Requests for Service:
1. The General Services Superintendent or designee shall request service by telephone
and/or electronic email. The Contractor shall have a communication system, such as
a telephone and email in place to allow for communication between the General
Services Superintendent or designee and the Contractor for repair requests or
emergencies.
2. Non -Emergency repair requests: Contractor shall be able to respond and begin work
within 72 hours after notice including travel time from Contractor's facilities to
maintenance site.
3. Emergency repair requests: Contractor shall respond and begin work within four (4)
hours for requests. An emergency shall be identified as such by the General Services
Superintendent or designee.
4. Contractor shall notify the General Services Superintendent or designee within 72
hours, by phone and email, if unable to meet the requested response time.
R. Warranty:
Contractor shall collect, document, and permanently mark all removed materials
and parts with the replacement date and site location for tracking of warranty
timelines. Those materials and parts which are removed and replaced during the
manufacturer's warranty period shall be forwarded by the Contractor to the
manufacturer of warranty replacement.
S. Parts/Materials:
City of Arcadia Public Works Services
The Contractor will be reimbursed for the actual cost of .materials, parts_- and
equipment purchased to be consumed or installed at the work site in performance
of the Agreement (including applicable sales tax), without additional allowance for
markup.
T. MaterialMorkmanship Defective:
In case material and/or workmanship defects are found after the project is
completed, the Contractor shall be held responsible and shall bear all costs
incurred to correct the problem within the warranty period at the Contractor's sole
expense and at no additional cost to the City.
U. Site Coordination, Security, and Safety:
Contractor will coordinate its repair efforts and site visits with the General Services
Superintendent or designee so that City Crew's operational functions are not
impaired. Where local customs, policies, weather conditions, or emergency
conditions occur that may affect an efficient and timely repair, the Contractor shall
contact the General Services Superintendent or designee for assistance with a
cost- effective repair solution. Safety for City employees, the public, and the
Contractor's employees is essential. The Contractor will assure its repair activities
meet all federal, state, and local regulatory agencies laws and rules in all phases
of the repair. Good communication and coordination with the General Services
Superintendent or designee is required for facilitating safe and timely repairs.
City of Arcadia Public Works Services
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed
progress report that indicates the amount of budget spent on each task. Consultant will inform
City regarding any out -of -scope work being performed by Consultant. This is a time -and -materials
contract.
Compensation shall be based on time and materials spent in accordance with the following tasks,
not to exceed the total compensation listed below:
The schedule of prices is attached as attachment "A" to this Exhibit "B".
Fuel Management and Extraordinary Repair Services - $24,586.49
Total Compensation
$24,586.49
The total compensation shall not exceed the total listed without written authorization in
accordance with Section 2 (b) of the agreement.
15
24347.00006130493020.2
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EXHIBIT C
Activity Schedule
All work shall be completed in accordance with the following schedule:
The term of this Agreement shall be for one (1) year from the date of execution. All tasks under
Exhibit "A" shall be adhered to and executed accordingly.
16
24347.00006\30493020.2