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HomeMy WebLinkAboutItem 10b - Household Hazardous Waste Collection and Removal Services STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT DATE: March 3, 2026 TO: Honorable Mayor and City Council FROM: Paul Cranmer, Public Works Services Director By: Briget Arndell, Environmental Services Manager SUBJECT: RESOLUTION NO. 7675 AMENDING THE FISCAL YEAR 2025-26 SOLID WASTE OPERATING BUDGET, AUTHORIZING A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE HOUSEHOLD HAZARDOUS WASTE COLLECTION AND REMOVAL SERVICES ONE-TIME DROP-OFF EVENT IN THE AMOUNT OF $44,420, OFFSET BY A REDUCTION IN THE SOLID WASTE FUND; AND APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH VEOLIA ES TECHNICAL SOLUTIONS, LLC. FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION AND REMOVAL SERVICES FOR A ONE- TIME DROP-OFF EVENT IN THE AMOUNT OF $44,420 CEQA: Not a Project Recommendation: Adopt and Approve SUMMARY The Public Works Services Department (“PWSD”) was recently awarded grant funding from CalRecycle to plan and operate the City’s first-ever Household Hazardous Waste (“HHW”) drop-off collection event for Arcadia residents. HHW items include chemical cleaning products, used motor oil, paint, and pharmaceutical medications. Electronic Waste will also be accepted as part of this event. Items such as computers, cell phones, and televisions can be dropped off and will be properly disposed. To ensure the City is receiving the highest quality of service and most competitive pricing for Household Hazardous Waste Collection and Removal Services, the PWSD solicited a request for proposals. It is recommended that the City Council adopt Resolution No. 7675 amending the Fiscal Year 2025-26 Solid Waste Operating Budget, authorizing a supplemental budget appropriation for the Household Hazardous Waste Collection and Removal Services one-time drop-off event in the amount of $44,420, offset by a reduction in HHW Collection and Removal Services PSA March 3, 2026 Page 2 of 4 the Solid Waste Fund; and approve, authorize, and direct the City Manager to execute a Professional Services Agreement with Veolia ES Technical Solutions, LLC. for Household Hazardous Waste Collection and Removal Services for a one-time drop- off event in the amount of $44,420, to be reimbursed by a CalRecycle grant. BACKGROUND On September 6, 2023, the PWSD applied for the HHW HD41 grant, a CalRecycle program designed to help local governments safely manage HHW. The City of Arcadia was awarded $50,000 to support public education efforts and for the implementation of a HHW take-back or mobile collection event. HHW disposal is a frequently asked about topic from Arcadia residents. Historically, the City of Arcadia residents have relied on scheduled curbside HHW pickups provided by Waste Management for HHW disposal. Additionally, Los Angeles County (“LAC”) operates a “CLEANLA” HHW program year-round across the county, which operates at Santa Anita Park annually as a one-time collection event for LAC residents every fiscal year. Arcadia has not hosted a citywide residents-only HHW collection event in recent history, and residents would benefit from having more options for safe HHW disposal. The HHW HD41 Grant provides the resources for the City to plan and operate an additional one-day drop-off collection event for Arcadia residents to properly dispose of their HHW. This one-time drop-off event is expected to take place on a Saturday morning in the Spring of 2026 at the Arcadia Public Library parking lot, with a three-hour window for drop-offs. The event will be open to Arcadia residents only. Accepted household hazardous waste items will be limited to four categories: electronic waste, paint, pharmaceutical medications, and lightbulbs. Event set-up and break-down will take place two hours before and after the event. Residents will drive up to the drop-off location and have their HHW items retrieved, organized, and then transported for proper disposal. DISCUSSION To ensure the City is receiving the highest quality of service and most competitive pricing for this work, PWSD solicited a request for proposals. A Notice Inviting Proposals for Household Hazardous Waste Collection and Removal Services was published on October 27, 2025, in accordance with City Council Resolution No. 7483, HHW Collection and Removal Services PSA March 3, 2026 Page 3 of 4 and RFP packages were provided to companies that perform this type of work. On December 3, 2025, the City Clerk received two proposals. All proposals were evaluated based on the firm’s experience, qualifications, understanding of the needs of the City, quality of service approach, and cost. The evaluation results and ranking of each company’s proposal are listed below: Rank Firm Location Cost Proposal 1 Veolia ES Technical Solutions, LLC. Azusa $44,420 2 CleanEarth Environmental Solutions, Inc. Inglewood $51,322 After careful review and consideration, it was determined that Veolia ES Technical Solutions (“Veolia”) is the most qualified firm to provide household hazardous waste collection and removal services. Veolia has over 30 years of experience providing safe and compliant hazardous waste collection and disposal services. Veolia’s experience in providing HHW collection and removal services is closely aligned with the scope and scale of the planned collection event, and their proposal thoroughly addressed the City’s needs. Veolia also has a partnership with PaintCare, a CalRecycle approved paint collection and disposal partner of the City of Arcadia, which reduces the potential cost of paint disposal from the event. PWSD staff will coordinate with Veolia to manage the event set-up and break-down, and the collection and disposal of all hazardous materials before, during, and after the event. The event location will be set up prior to the start time of the HHW Collection and Removal Event, and traffic cones and hazardous waste collection areas will be pre-determined and organized. Veolia staff will remove HHW items from each vehicle and categorize the items for transportation and disposal. Veolia staff will arrange for the proper disposal of the collected items and invoice the City based on the volume of HHW collected. PWSD staff will coordinate with PaintCare for the pick-up and disposal of any paint collected from Arcadia residents. PWSD staff will ensure the event area is clean and safe for public use before, during, and after the event. ENVIRONMENTAL ANALYSIS The proposed contract does not constitute a project under the California Environmental Quality Act (“CEQA”), under Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty it will have no impact on the environment. HHW Collection and Removal Services PSA March 3, 2026 Page 4 of 4 FISCAL IMPACT The City of Arcadia was awarded $50,000 from CalRecycle’s HHW HD41 Grant. Grant funding will be reimbursed to the City after completion of the event. The total cost for the HHW Collection and Removal Services event is $44,420, and was not a budgeted expense in the Fiscal Year 2025-26 Operating Budget. As a result, an appropriation of $44,420 from the Solid Waste Fund is being requested to pay for this event. Sufficient funds are available in the Solid Waste Fund to cover this request. Any grant funds received will be deposited into the Solid Waste Fund. RECOMMENDATION It is recommended the City Council determine this action does not constitute a project under the California Environmental Quality Act (“CEQA”); adopt Resolution No. 7675 amending the Fiscal Year 2025-26 Solid Waste Operating Budget, authorizing a supplemental budget appropriation for the Household Hazardous Waste Collection and Removal Services one-time drop-off event in the amount of $44,420, offset by a reduction in the Solid Waste Fund; and approve, authorize, and direct the City Manager to execute a Professional Services Agreement with Veolia ES Technical Solutions, LLC. for Household Hazardous Waste Collection and Removal Services for a one-time drop-off event in the amount of $44,420. Attachments: Resolution No. 7675 Proposed Professional Services Agreement 1 RESOLUTION NO. 7675 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE FISCAL YEAR 2025-26 SOLID WASTE OPERATING BUDGET, AUTHORIZING A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE HOUSEHOLD HAZARDOUS WASTE COLLECTION AND REMOVAL SERVICES ONE-TIME DROP OFF EVENT IN THE AMOUNT OF $44,420, OFFSET BY A REDUCTION IN THE SOLID WASTE FUND WHEREAS, the Public Works Services Department (“Department”) applied for and was awarded CalRecycle Household Hazardous Waste HD41 grant funding in the amount of $50,000 to support public education efforts and implementation of a household hazardous waste collection event; and WHEREAS, the City of Arcadia (“City”) desires to host its first citywide, residents- only Household Hazardous Waste (“HHW”) drop-off collection event to provide additional opportunities for residents to safely dispose of HHW, including electronic waste, paint, pharmaceutical medications, and lightbulbs; and WHEREAS, the Department solicited proposals for Household Hazardous Waste Collection and Removal Services in accordance with City Council Resolution No. 7843, and two proposals were received and evaluated; and WHEREAS, Veolia ES Technical Solutions, LLC. was determined to be the most qualified firm to provide Household Hazardous Waste Collection and Removal Services for the one-time drop-off event; and 2 WHEREAS, the CalRecycle Household Hazardous Waste HD41 grant is reimbursement-based and requires the City to incur eligible project costs prior to receiving grant reimbursement; and WHEREAS, the total cost for the Household Hazardous Waste Collection and Removal Services event is $44,420, and a supplemental budget appropriation in this amount is necessary to fund this event, offset by a reduction in the Solid Waste Fund. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The sum of forty-four thousand four hundred twenty ($44,420) is hereby appropriated, to the Fiscal Year 2025-26 Solid Waste Operating Budget for the purposes of funding the Household Hazardous Waste Collection and Removal Services event. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. [SIGNATUES ON THE NEXT PAGE] 3 Passed, approved and adopted this 3rd day of March, 2026. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Michael J. Maurer City Attorney 1 Updated Feb. 2020 CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING HOUSEHOLD HAZARDOUS WASTE COLLECTION AND REMOVAL SERVICES FOR A ONE-TIME DROP-OFF EVENT This Agreement is made and entered into as of ___________________, 2026 by and between the City of Arcadia, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 (“City”), and Veolia ES Technical Solutions, LLC, a Delaware Corporation, with its principal place of business at 107 S. Motor Avenue, Azusa, CA 91702 (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: Household Hazardous Waste Collection and Removal Services for a One-Time Drop-Off Event (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 FORTY-FOUR THOUSAND, FOUR HUNDRED TWENTY DOLLARS, AND NO CENTS ($44,420.00). 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 2 Updated Feb. 2020 detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Term Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). Consultant shall complete the services required hereunder within the agreed upon scheduled date for the one-time drop-off event (see Exhibit C for more details). 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. 3 Updated Feb. 2020 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Care Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 4 Updated Feb. 2020 a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability Consultant shall procure and submit evidence of insurance for at least five (5) years from the time that all work under this Agreement is completed. (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. Consultant may provide blanket endorsements to meet the Additional Insured requirement in this written contract. However, all subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. 5 Updated Feb. 2020 (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. Consultant may provide blanket endorsements to meet the Additional Insured requirement in this written contract. However, all subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. 6 Updated Feb. 2020 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. Cyber Liability Insurance. Cyber Liability Insurance covering (1) all acts, errors, omissions, negligence, infringement of intellectual property; (2) network security and privacy risks, including but not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure, collection, or negligence in the handling of confidential information, privacy perils, including coverage for related regulatory defense and penalties; (3) system failure, damage to or destruction of electronic information, data recovery, business interruption, cyber extortion, and information theft; (4) data breach expenses payable whether incurred by City or Consultant, including but not limited to consumer notification, whether or not required by law, computer forensic investigations, public relations and crisis management firm fees, credit file or identity monitoring or remediation services in the performance of services for City or on behalf of City hereunder. If a sub-limit applies to any elements of coverage, the certificate of insurance evidencing the coverage above must specify the coverage section and the amount of the sub-limit. f. 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) 7 Updated Feb. 2020 g. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. h. 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. Consultant may provide blanket endorsements to meet the Additional Insured requirement in this written contract. However, all subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. (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 8 Updated Feb. 2020 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. i. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. j. 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. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have 9 Updated Feb. 2020 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. All subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault. 13. California Labor Code Requirements. 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 10 Updated Feb. 2020 Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. 14. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same. 15. City Material Requirements. Consultant is hereby made aware of the City’s requirements regarding materials, as set forth in Request for Proposals, which are deemed to be a part of this Agreement. 11 Updated Feb. 2020 16. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. 17 Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 19. Organization Consultant shall assign Ted Yoon, as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 20. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 12 Updated Feb. 2020 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: Briget Arndell Environmental Services Manager CONSULTANT: Veolia ES Technical Solutions, LLC 107 S. Motor Avenue Temecula, CA 95291 Attn: Jade English, Vice-President and shall be effective upon receipt thereof. 22. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or 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. 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. 13 Updated Feb. 2020 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 Right 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 have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE] 14 Updated Feb. 2020 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ARCADIA AND VEOLIA ES TECHNICAL SOLUTIONS, LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF ARCADIA VEOLIA ES TECHNICAL SOLUTIONS, LLC By: By: Dominic Lazzaretto City Manager Title: Printed Name: ATTEST: By: Title: By: City Clerk Printed Name: APPROVED AS TO FORM: CONCUR: By: ___________________________________ Michael J. Maurer Paul Cranmer City Attorney Public Works Services Director 15 Updated Feb. 2020 EXHIBIT “A” Scope of Services The Scope of Services for the for the Household Hazardous Waste (“HHW”) Collection and Disposal Services shall include, but not limited to the following: The firm shall set up for the collection of, collect, and properly dispose of the HHW from the specified City event. Collection and disposal of HHW include, but are not limited to, electronic waste, lightbulbs, paint chemicals, and pharmaceutical medications. Items collected at the event are subject to change. The event is expected to serve no more than 500 residents. Event Description – The HHW collection event will be a drive-up event held in a City facility parking lot. Residents will remain in their vehicles and will only be expected to open their trunks. The firm shall be responsible for organizing personnel and staff to safely remove materials from each vehicle and properly separate and handle the waste in accordance with regulations. The firm shall work in coordination with the City of Arcadia to set up the day prior, including but not limited to drive-up lanes, placing cones and safety barriers, setting up collection bins, and preparing the site for safe public access. The event scheduled date will be agreed upon by the firm and the City of Arcadia. The set up on the day of the event will take place before 8am. The collection period will take place from 8am to 11am, followed by firm-led breakdown and cleanup from 11:00am to 1:00pm. Accepted materials for this event include paint chemicals, pharmaceutical medications, lightbulbs, and electronic waste. The firm shall be responsible for: • Providing all staffing, equipment, and materials necessary to operate the event. • Managing traffic control throughout the duration of the event. • Ensuring the safe collection, transport, and disposal of all collected materials. • Providing post-event documentation and reported as required by the City. The City of Arcadia shall be responsible for: • Promoting the event to residents. • Providing on-site staff support during the event. • Obtaining the required permits and approvals required for the event. • Coordinating Paint Care for onsite collection of accepted paint materials at the event. Payment – The firm will be paid for the completed setup, collection, and disposal of household hazardous waste according to the unit price established in the bid schedule. Identification – All representatives of the firm working at site shall wear identifiable clothing that clearly identifies the firm. All vehicles shall be marked to clearly identify the firm. Conduct – Workers are to conduct themselves in a friendly and professional manner and use only appropriate language. 16 Updated Feb. 2020 Work Hours – The firm shall be required to work between 7:00am and 2:00pm on the day of the event. Safety Illness and Injury Prevention Plan (“IIP”) – Prior to commencing any work the firm is required to submit to the Environmental Services manager their IIP and identify their lead safety contact. Safety Procedures – The firm is required to submit to the Environmental Services Manager their documented safety procedures. Coordination City Representative – The Environmental Services Manager will identify and assign one contact who will coordinate the scheduling of the event. This contact will be the primary contact with the City for the firm. Firm Representative – The firm will identify and assign a contact who will coordinate and oversee the execution of the event. This contact will be the primary contact with the firm for the City. Record Keeping Work Orders – A city representative will sign off on completed work orders after the event is complete. Receipts – The firm will provide proof of service to the city representative after the event is complete. Invoices – The firm will provide an invoice to the Environmental Services Manager 7-10 days after the event is complete. 17 Updated Feb. 2020 EXHIBIT “B” Schedule of Charges/Payments The firm will provide an invoice to the Environmental Services Manager 7-10 days after the scheduled event is complete. 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”. Household Hazardous Waste Collection and Disposal Services - $44,420.00 Total Compensation - $44,420.00 The total compensation shall not exceed the total listed without written authorization in accordance with Section 2 (b) of the agreement. 18 Updated Feb. 2020 Attachment "A" to Exhibit “B” HOUSEHOLD HAZARDOUS WASTE (“HHW”) COLLECTION AND DISPOSAL SERVICES FEE & RATE SCHEDULE Item No. Item Unit Cost per Unit Quantity Total Cost 1 Staffing Per hour $105.00 / person/ hour 25 people x 10 hours $ 26,250.0 2 Security (if applicable) Per hour 95.00 per person 2 days x 8 hours $ 1,520.00 3 Electronic Waste Collection and Removal per 1b 0.60 / 1b 7,500 $ 4,500.00 4 Paints Collection and Removal Per 1b 0.00* 0.00 5 Lightbulbs Collection and Removal per 1b 0.60 / 1b 2,500 $ 1,500.00 6 Pharmaceutical Medication Collection and Removal per 1b 2.05 / 1b 3,000 $ 6,150.00 7 "set-up costs" Supplies 4,500.00 per event (includes materials) $ 4,500.00 TOTAL AMOUNT OF PROPOSAL (ITEMS 1-4) $ 44,420. 00 Fourty-four thousand, four hundred and twenty (Dollar amount in written form) Additional Comments: ** Paint related materials not accepted by PaintCare will be quoted at $300.00/55 gal disposal rate. 19 Updated Feb. 2020 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) time scheduled event for the Household Hazardous Waste Collection and Removal Services in the City of Arcadia. All tasks under Exhibit “A” shall be adhered to and executed accordingly.