Corona City Council
November 16, 2022

RFP No. 22-045RH “Advertising Notice” - Pg 1 of 2
Citywide Utilities Facilities Arc Flash Study Consulting Services

November 3, 2022
SUBJECT: REQUEST FOR PROPOSALS (RFP) No. 22-045RH
The City of Corona, Utilities Department (City) invites qualified proposals for:

CITYWIDE UTILITIES FACILITIES ARC FLASH STUDY

CONSULTING SERVICES
Parties interested in obtaining a copy of this RFP No. 22-045RH may do so by registering with PlanetBids as a City of Corona vendor by visiting the PlanetBids Vendor Portal:
https://www.planetbids.com/portal/portal.cfm?CompanyID=39497. Registered vendors can download a copy of this RFP No. 22-045RH and supporting documents at no cost and receive addenda and other notifications when issued.

Closing: Proposals shall be submitted electronically before 10:00 A.M., May 18, 2022. through the PlanetBids Vendor Portal. It is the contractor’s responsibility to allow sufficient time to complete and upload its proposal, including all documentation required by this RFP, prior to the stated deadline. Electronic submission cannot be completed unless the contractor properly uploads all required documents.

Please read this entire RFP package and include all requested information and required proposal documents, including, but not limited to, the non-collusion declaration. Proposals must be signed by an authorized agent of the company submitting a proposal in order to be considered responsive.

The work is subject to the payment of not less than prevailing wages pursuant to Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”).

The Director of the Department of Industrial Relations (“DIR”) has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the contract which will be awarded to the successful contractor, copies of which are on file and will be made available to any interested party upon request from the City or online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful contractor at the job site.

Pursuant to SB 854, which amended the Prevailing Wage Laws, this Contract is subject to compliance monitoring and enforcement by the DIR. Beginning March 1, 2015, with very limited exceptions no contractor or subcontractor may be listed on a proposal for this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. Beginning April 1, 2015, no contractor or subcontractor may be awarded a contract unless registered with the DIR pursuant to Labor Code section 1725.5. The DIR registration number for each contractor and subcontractor must be identified on the Contractor’s proposal - failure to identify this number could result in the proposal being rejected as non-responsive. It is the Contractor’s responsibility to ensure that they have fully complied with SB 854. The City will report all necessary contracts to the DIR as required by the Prevailing Wage Laws.

RFP No. 22-045RH “Advertising Notice” - Pg 2 of 2
Citywide Utilities Facilities Arc Flash Study Consulting Services

The successful contractor and all subcontractor(s) under him, shall comply with all applicable Prevailing Wage Laws, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Agreement, the employment of apprentices, the hours of labor, the payment of overtime, and the debarment of contractors and subcontractors. The successful contractor and all subcontractor(s) under him shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws.

Each contractor shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work proposal upon, and must maintain the license(s) throughout the duration of the Contract: C-10-Electrical
The successful contractor(s) must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, the successful contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. The successful contractor will be required to indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by the successful proposal, its subcontractors, or others for whom the successful contractor is responsible under its indemnity obligations.

Issuance of this RFP and/or receipt of proposals does not commit City to award a contract.

Signed,
Rich Hogate
Purchasing Specialist Contractor for
City of Corona | Purchasing Division | Finance Department 400 S. Vicentia Ave., Suite 320 | Corona, CA 92882
Phone: 714-620-5404 | Email: [email protected] Website: www.coronca.gov
RFP No. 22-045RH Section IV. “Proposal Content” - Pg 1 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services DATE: April 13, 2022
SUBJECT: REQUEST FOR PROPOSALS (RFP) No. 22-045RH

SECTION I

INVITATION
The City of Corona invites proposals from qualified Contractors for:

CITYWIDE UTILITIES FACILITIES ARC FLASH STUDY

CONSULTING SERVICES
The Utilities Department (City) wants to qualify a Contractor to provide Citywide Utilities Facilities Arc Flash Study Consulting Services to the City’s Utility facilities. Proposals will be evaluated on the following criteria: Qualifications, Firm History, Project Technical Proposal, Experience, Safety, and In Person / Teams Presentation.

Estimated Contract Term:

The contract term shall be effective on or about July 2022 through June 30, 2023 with (1) optional renewal period.
 Option 1, if exercised, shall be effective July 1, 2023 to June 30, 2024.

Please read this entire RFP package and include all requested information and forms in your proposal. Proposals must be signed by an authorized agent of the company submitting a proposal in order to be considered responsive.

The City will receive electronic Proposals for the Citywide Utilities Facilities Arc Flash Study Consulting Services through the PlanetBids bidding platform before 10:00 A.M., May 18, 2022.

The City’s electronic bidding system will not allow proposals to be submitted after the due date and time. It is the contractor’s responsibility to allow sufficient time to complete and submit their proposal, including all documentation required by this RFP, prior to the stated deadline. Electronic submission cannot be completed unless the contractor properly uploads all required documents. Only electronic proposals will be accepted; hard copy proposals will be rejected as nonresponsive and returned unopened without exception.

Parties interested in obtaining a copy of this RFP No. 22-045RH may do so by registering with PlanetBids as a City of Corona vendor by visiting the PlanetBids Vendor Portal:
https://www.planetbids.com/portal/portal.cfm?CompanyID=39497. Registered vendors can download a copy of this RFP No. 22-045RH and supporting documents at no cost and receive addenda and other notifications when issued.

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 2 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services

TENTATIVE RFP SCHEDULE
(SUBJECT TO CHANGE AT CITY’S DISCRETION)

1. Issue RFP on Planet Bids

2. Publish Legal Ad by Sentinel Weekly
April 13, 2022
April 13, 2022

3. Questions from Contractors Due on PB before 11:00 A.M, April 27, 2022

4. Responses from City Due May 11, 2022

5. Proposals Due (date and time) 10:00 A.M., May 18, 2022

6. RFP Evaluation Completed June 15, 2022

7. Contractor Selection June 15, 2022

8. City Council Award

9. Issue City P.O. & Notice to Proceed
July 20, 2022
August 15, 2022

TABLE OF CONTENTS
Section I Invitation, Tentative Schedule, Table of Contents Section II Scope of Work
Section III RFP Instructions
Section IV Proposal Content
Section V Evaluation and Award
Section VI RFP Acknowledgement
Section VII Agreement Sample

APPENDIX
City Facility Locations ............................................................................................... Attachment A

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 3 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services

SECTION II

SCOPE OF WORK
A. Background:

There are approximately 63 offsite or remote locations that the awarded Consultant will study during the on-site field analysis portion of the Scope of Work. The sites are listed in “Attachment A” as part of this RFP and incorporated herein by this reference. Attachment A lists the offsite facilities by their name and address.

B. Goal/Purpose:

The City of Corona, Utilities Department is accepting proposals from experienced arc flash analysis contractors/consultants to perform electrical engineering services and analysis for 480v systems at City facilities in a variety of environments.

These services shall include, but are not limited to:
 Short circuit analysis
 Protective device coordination analysis
 Arc flash hazard analysis
 Interrupt rating analysis
 Customized electrical safety program
 Arc flash and shock hazard warning labels
 Create single drawing & formal drawing package
 Equipment is properly rated
 Identify potential hazards
 Breaker rating including trip point
 Labeling and PPE
The purpose of the work to be performed under this contract is to identify electrical arc flash hazards, remove and/or mitigate identified electrical arc flash hazards, to label appropriate electrical equipment, to provide safe work zones, provide recommendations to reduce the hazard risk, identify the appropriate personnel protective equipment (PPE) and provide a customized Electrical Safety Program, all in compliance with the latest National Fire Protection Association (NFPA) 70E.

The City reserve the right to contract with the awarded Consultant to perform additional arc flash analysis and other related services as mutually agreed by the parties.

C. Scope of Work Description:

This scope of work establishes the minimum requirements for providing Citywide Utilities Facilities Arc Flash Study Consulting Services to the City of Corona. The Contractor is required to meet all specifications listed herein, as minimum, and is required to submit a firm fixed cost for all commodities/services. The Contractor shall fully and timely provide all deliverables described herein in strict accordance with the terms, covenants, and conditions of the Contract and all RFP No. 22-045RH Section IV. “Proposal Content” - Pg 4 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services applicable Federal, State, and local laws, rules, and regulations. The Contractor shall perform all work in accordance with current ANSI/ NETA MTS – 2019 or current - Section 9 for each facility to produce an Arc Flash Risk Assessment and a Shock Risk Assessment. Provide a report for all items surveyed and include photographs of each deficient item. The report shall be in accordance with NFPA 70E - 2021, IEEE 1584 - 2018 for calculations and label information. ANSI Z535.4 for arc flash and shock hazards warning labels. If standards have been updated use most current version. Contractor shall provide all labor, materials, and equipment to complete the Citywide Utilities Facilities Arc Flash Study Consulting Services for the City.

Permissible work hours are 7am to 5pm Monday through Thursday excluding City observed holidays. Any deviations will need to be pre-approved by the City’s Representative. (RFP) No.22-045RH Citywide Utilities Facilities Arc Flash Study Consulting Services:

Task 1 - Field Collection of Data

1. Determine arc flash incident energy levels and flash protection boundary distances for all listed facilities based on the results of the short circuit and coordination studies. Perform the arc flash analysis as per industry standards for arc flash conditions and all modes of operation.

2. All necessary information shall be gathered, and all electrical systems analyzed from the utility connection point to all equipment connections. All field technicians and/or service engineers shall be trained in electrical and arc flash safety and shall utilize their own PPE.

3. Services for each facility shall include but not limited to the following:
a. Perform field collection of data
 The Consultant is required to collect all data on the existing facilities electrical equipment and is NOT to assume that any drawings or documentation exist to aid in the collection or analysis.
 The Consultant shall verify single line diagrams, if available. If not available, the Consultant shall generate the appropriate detailed and accurate single line diagrams. Discrepancies found in the drawings shall be brought to City’s Representative attention as a drawing markup.

4. Single Line Diagrams information shall include but not be limited to:
a. Electrical Structures
b. Voltages at each point
c. Short circuit available at each point
d. Horsepower ratings of each motor
e. Identify City, Utilities Department panels and equipment with standard name Task 2 - Arc Flash Analysis

1. Consultant will be responsible to perform the short circuit, coordination, and interrupt rating studies which will proceed the Arc Flash analysis.

2. Consultant will determine the level of incident energy at each switchboard, motor control center (MCC), panel board and other electrical equipment requiring analysis.

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 5 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services

3. Consultant shall determine if motor control buckets can be hot swapped and indicate as such on MCC arc flash 70E labels or specify on general use electrical safety labels.

4. OSHA 29 CFR-1910 Subpart S and NFPA 70E require that arc-flash hazard analysis be performed in incremented five-year periods or sooner whenever design implementations occur or circuit power arrangements are changed.

5. Indicate problems discovered while performing the studies. It must include the following:
a. Recommendations to mitigate arc flash hazards above Category 2 b. Identification of circuit protective devices with insufficient interrupt ratings c. Identification of circuits not properly coordinated
d. One-Line drawings of all equipment surveyed
e. Table of calculated arc flash data
f. Coordination curves
g. And any other pertinent data

6. Per IEEE 1584, “Equipment below 208/240V need not be considered unless it involves at least one 125kVA or larger low-impedance transformer in its immediate power supply.” Arc Flash calculations shall not be done on systems below 208/240V down stream of 125kVA and smaller transformers.

7. Arc Flash hazard labels for equipment needed are a product of the analysis. Labels provide qualified workers the information to determine the personal protective equipment (PPE) required to work on a given piece of equipment, or when the hazard level exceeds a safe work condition.

Contractor shall submit a sample warning label to City’s Representative within 20 calendar days of Notice of Award for approval.

8. Provide labor and materials to:
a. Affix labels to all 70E Rated Category 1 and above equipment b. Labels shall at a minimum indicate the following:

1. Arc Flash Boundary

2. Restricted Approach Distance

3. Limited Approach Distance

4. Glove Class

5. Incident Energy

6. PPE Category

7. Calorie Rating

8. Nominal Voltage

9. Upstream over-current protective device

10. Device name and assessment date
c. Labels shall be required for all electrical equipment per referenced codes. d. Arc Flash labels on Motor Control Centers shall indicate if MCC buckets can be hot swapped.

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 6 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services Deliverables

1. After completion of the analysis, provide the following:
a. Submit three initial draft copies of each report to City’s Representative for review. The Consultant shall incorporate City’s review comments and submit three copies of the final draft reports to City’s representative within 30 days following completion of facility testing for final review.
b. The Contractor shall submit to the City’s Representative separate soft and hard copy of the report for each facility which shall contain, at a minimum, the following:
 An introduction describing the background, objectives and the scope of the study  Basis of analysis
 An executive summary with clearly written conclusions and recommendations. The recommendations will refer to reducing the arc flash hazard category to two or below and any other ways to enhance worker safety
 Coordination plots and protective device curves
 Single line diagrams
 In tabulation format list device, device name, bus name, bus kV, protective, bus bolted fault, protective device arc fault, trip/delay time, duration of arc, arc type, arc flash boundary, working distance, required limited and restricted approach, incident energy, cal/cm2, conduit sizes, switchgear data, and required PPE  Hazard/Risk Categories for the calculated incident energy levels  The flash protection boundary of the equipment involved/evaluated

2. A complete report for all the facilities in both electronic flash drive and in bound hard copy document form shall be submitted to the City’s Representative.

Task 3 - Customized Electrical Safety Program
Consultant is to develop a written Electrical Safety Program that will be compliant with the latest NFPA 70E publication. The Electrical Safety Program shall incorporate the City’s facilities referenced in Attachment A. The Electrical Safety Program should include the necessary language to implement but not be limited to the following elements:

1. Maintenance
a. Document the maintenance conditions of the equipment and its components and/or parts

2. Awareness and Self-Discipline
a. Document how employees must follow the policies and effectively implement the new safety procedures

3. Electrical Safety Program Controls
a. Document how the Electrical Safety Program shall identify the controls from which it is measured and monitored
b. Document which metrics could be used

4. General Risk Assessment
a. The Electrical Safety Program should identify the steps that employees must take where the risk of injury from electrical hazards are unacceptable

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 7 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services

5. Job Briefing
a. Specify how the employee shall perform job briefing when starting each new project. The briefing information to include the potential hazards associated with the equipment installation, required PPE and special precautions working in the vicinity of electrical installations.

6. Electrical Safety Auditing
a. Document how the Electrical Safety Program shall be audited to verify that the procedures and principles within the program are in compliance with NPFA 70E. b. Document how field work shall be audited to verify the requirements within the safety program are being followed.

7. Training Requirements
a. Evaluation of current City Program
b. Specify how often employees shall be trained to identify and understand the relationship between electrical hazards and the possibility of injury c. State the types of training that will be required
 Classroom Arc Flash training
 Emergency Response Training (contact release, first aid, etc.)  Qualification for electrical work
 Training verification and documentation by the employer

8. Clarification on the difference between unqualified and qualified personnel

9. Outside contractor obligations in relation to the City’s, Utilities Department Electrical Safety Program

10. Document alerting techniques and methods for the notification of approach and flash boundaries

11. Documentation for the use of personal protective equipment (PPE) by qualified employees.

12. Documentation for energized electrical work permit policies and procedures

13. Document protocols for de-energizing equipment and/or system

14. Electrical safety requirements for any special equipment in use at City facilities

15. Any other items that will be needed to be in compliance with the latest codes and Cal OSHA regulations
Performance Measures for Citywide Utilities Facilities Arc Flash Study Services.

Contractor shall respond with [EXPECTED OUT OF RESPONSE TIME TO CITY STATED HERE]..

Contractor shall begin work [EXPECTED START WORK TIMES STATED HERE]..

Mandatory Requirements
 All Contractors and their subcontractors shall meet all safety requirements of current codes and standards.
 Contractors shall require all employees and subcontractors to wear appropriate PPE while performing work at city facilities.
 Contractors shall provide a list of all owned testing equipment with this proposal RFP No. 22-045RH Section IV. “Proposal Content” - Pg 8 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services  All testing equipment needs to be calibrated and Contractors shall provide annual equipment testing results from third party at the beginning of contract and in June at the end of the fiscal year.

D. Minimum Qualifications
Proposer must meet these minimum qualifications at the time their proposal is submitted to the City:

1. Have a valid California Contractor’s license with a designation of C-10 Electrical

2. Have 5 years of relevant experience performing Citywide Utilities Facilities Arc Flash Study Consulting Services or must have performed Arc Flash Studies for at least 3 other municipalities.

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 9 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services

SECTION III

RFP INSTRUCTIONS
A. Pre-Proposal Meeting
Not Applicable
B. Examination of Proposal Documents
By submitting a proposal, Contractors represent that they have thoroughly examined and become familiar with the work required under this RFP and that they are capable of performing quality work to achieve the City's objectives.

Before submitting proposals, Contractors must fully inform themselves of the conditions, requirements and specifications of the work or materials to be furnished. Failure to do so will be at Contractors’ own risk and they cannot secure relief on the plea of error.

C. Addenda
Substantive City changes to the requirements will be made by written addendum to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. Copies of all Addenda will be furnished through the City’s electronic bidding system, PlanetBids, no later than 72 hours prior to the proposal Due Date and Time.

Contractors shall access any and all Addenda from the electronic bidding system’s Addenda & Email tab for this RFP. The City shall not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instruction.

D. Informed Contractors
Before submitting proposals, Contractors must fully inform themselves of the conditions, requirements and specifications of the work or materials to be furnished. Failure to do so will be at Contractors’ own risk and they cannot secure relief on the plea of error.

E. Clarifications

1. Examination of Documents
Should a Contractor require clarifications of this RFP, the Contractor shall notify the City in writing in accordance with Section E.2 below. Should it be found that the point in question is substantive and is not clearly and fully set forth, the City shall issue a written addendum clarifying the matter.

2. Submitting Requests
Contractors shall submit all questions, clarifications or comments through the City’s PlanetBids electronic bidding system:

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 10 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services https://www.planetbids.com/portal/portal.cfm?CompanyID=39497 utilizing the Questions & Answers tab. Contractor questions must be submitted before 11:00 A.M, April 27, 2022.

3. City Responses
a. Responses from the City will be communicated in writing to all known recipients of this RFP, by way of Addendum in accordance with Section C above. b. It is the responsibility of Contractors to make sure they have received all addenda prior to submitting their proposal. The Tentative Schedule may change at any time.

Any and all changes to the Tentative Schedule will be made by way of addendum.

If an Addendum is issued less than 72 hours before the Proposal Due Date and Time, the Proposal Due date will be extended.

F. Submission of Proposals

1. Date and Time
All proposals shall be submitted before 10:00 A.M., May 18, 2022.

2. Electronic Submission
Proposals shall be submitted electronically using the City’s PlanetBids Vendor Portal.

Please note the City’s electronic bidding system will not allow proposals to be submitted after the due date and time. It is the contractor’s responsibility to allow sufficient time to complete and submit their proposal, including all documentation required by this RFP, prior to the stated deadline. Electronic submission cannot be completed unless the contractor properly uploads all required documents. Only electronic proposals will be accepted; hard copy proposals will be rejected as nonresponsive and returned unopened without exception.

3. Acceptance of Proposals
a. The City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. b. The City reserves the right to withdraw this RFP at any time without prior notice, and the City makes no representations that any contract will be awarded to any consultant responding to this RFP.
c. The City reserves the right to postpone proposal opening for its own convenience.

G. Proposal Withdrawal
Electronic proposals may be withdrawn by consultant prior to the date and time set forth in Section E. 1 above. After that time, contractors may not withdraw their proposals for a period of ninety (90) days from the Proposal Submittal Deadline. At no time may the successful contractor(s) withdraw their proposal(s).

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 11 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services H. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the Contractor in:
a. preparing its proposal in response to this RFP;
b. submitting the proposal to City;
c. negotiating with City any matter related to the proposal; or d. any other expenses incurred by the Contractor prior to date of award, if any, of the Agreement.

The City shall not, in any event, be liable for any pre-contractual expenses incurred by Contractor in the preparation of its proposal. Contractor shall not include any such expenses as part of its proposal.

I. Contract Award
Issuance of this RFP and receipt of proposals does not commit the City to award an Agreement.

The City reserves the right to postpone proposal opening for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with other than the selected Contractor(s) should negotiations with the selected Contractor(s) be terminated, to negotiate with more than one Contractor simultaneously, or to cancel all or part of this RFP.

J. Acceptance of Order
The successful Contractor(s) will be required to accept a Purchase Order and execute a written Agreement (see Section VII, Form of Agreement) in accordance with and including as a part thereof the published notice of Request for Proposals and this Request for Proposals, including all requirements, conditions and specifications contained herein, with no exceptions other than those specifically listed in the written purchase order and/or Agreement.

K. Vendor Performance
It is the intent of the City to create a long-term working partnership with the Contractor. The City’s representative will be completing a Vendor Performance Evaluation Form on a periodic basis. An example of this type of form can be reviewed in Section VI. This type of form will be the basis for conversations between the vendor and the City around contract performance metrics.

L. City of Corona Business License
The successful contractor(s) and any subcontractors are required to obtain a City of Corona Business License prior to award of Contract, and to maintain the license for the entire term of the Agreement. The Business License is not a prerequisite for submission of a proposal. The Business License is not a prerequisite for submission of a proposal. Inquiries regarding the City Business License may be answered by calling 951-736-2275 or visiting the website:
https://corona.hdlgov.com/Home/Index/BusinessLicense
M. Prevailing Wage
Refer to Section VII, Form of Agreement, Section 3.3.5 for Prevailing Wage requirements.

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 12 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services N. Insurance Requirements
Within ten (10) consecutive calendar days after the notice of award, the Contractor to whom a contract is awarded from this request for proposals shall furnish the City with the certificates of insurance evidencing coverage as specified in Section VII, Form of Agreement, Section 3.2.10 Insurance, et seq. and naming the City of Corona, it directors, officials, employees, volunteers and agents as additional insureds by written endorsement. Failure to do so may, in the sole discretion of the City, result in the forfeiture of the Contract Award.

Contractors are encouraged to have their insurance provider(s) review the Insurance Requirements in Section VII, Form of Agreement, Subsection 3.2.10 et seq. prior to submission of a Proposal to ensure the minimum coverage limits, endorsements and other requirements can be met.

Additionally, the City has provided a summary of the insurance requirements Section VI with a document titled “Insurance Requirements Check Sheet”. This document will need to be submitted with the proposal.

O. Special Provisions for Services

1. Accessibility. Contractor shall fully inform himself regarding any peculiarities and limitations of the spaces available for the performance of work under this contract.

Contractor shall exercise due and particular caution to determine that all parts of his work are made quickly and easily accessible.

2. Authority of the City of Corona. Subject to the power and authority of the City as provided by law in this contract, the City shall in all cases determine the quantity, quality, and acceptability of the work, materials and supplies for which payment is to be made under this contract. The City shall decide questions that may arise relative to the fulfillment of the contract or the obligations of the contractor hereunder.

3. Performance Bond and Payment (Labor and Materials) Bond Requirements. Within 10 days from date of the Notice of Award, the Contractor to whom a Contract is awarded shall deliver to the City the Performance and Payment (Labor and Materials) Bonds in the form supplied by the City and included in these RFP Documents. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment (Labor and Materials) Bond shall be for one hundred percent (100%) of the Total Proposal Price.

The City does not require original, embossed corporate seals on any bonds. However, the City reserves the right at any time to demand an original bond with an embossed corporate seal, and Contractor shall supply such bond within seven (7) calendar days of any such request.

4. Changes in Work. The City may, at any time work is in progress, by written order and without notice to the sureties, make alterations in the terms of work as shown in the specifications, require the performance of extra work, decrease the quantity of work, or make such other changes as the City may find necessary or desirable. The contractor shall not claim forfeiture of contract by reasons of such changes by the City. Changes RFP No. 22-045RH Section IV. “Proposal Content” - Pg 13 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services in work and the amount of compensation to be paid to the contractor for any extra work as so ordered shall be determined in accordance with the unit prices quoted.

5. Clean-up. During performance and upon completion of work on this project, contractor will remove all unused equipment and instruments of service, all excess or unsuitable material, trash, rubbish and debris, and legally dispose of same, unless otherwise directed by these specifications. Contractor shall leave entire area in a neat, clean and acceptable condition as approved by the City.

6. Compliance With OSHA. Contractor agrees that all item(s) offered comply with all applicable Federal and the State Occupational Safety and Health Act, laws, standards and regulations, and that Contractor will indemnify and hold the City harmless for any failure to so conform.

7. Contract Incorporation. This contract embodies the entire contract between the City and the Contractor. The parties shall not be bound by or be liable for any statement, representation, promise, inducement or understanding of any kind or nature not set forth herein. No changes, amendments, or modifications of any of the terms or conditions of the contract shall be valid unless reduced to writing and signed by both parties. The complete contract shall include the entire contents of the RFP solicitation, all addenda, all of Contractor’s successful submittal, supplemental agreements, change orders, performance bond(s), and any and all written agreements which alter, amend or extend the contract.

8. Cooperation Between Contractors. The City reserves the right to contract for and perform other or additional work on or near the work covered by these specifications.

When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with his contract and shall protect and save harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project.

9. Coordination With Agencies. The contractor shall coordinate his activities with the proper regulatory agencies and have their representative on site at the proper times.

10. Damage. The contractor shall be held responsible for any breakage, loss of the City’s equipment or supplies through negligence of the contractor or his employee while working on the City’s premises. The contractor shall be responsible for restoring or replacing any equipment, facilities, etc., so damaged. Contractor shall immediately report to the City any damages to the premises resulting from services performed under this contract. Failure or refusal to restore or replace such damaged property will be a breach of this contract.

11. Examination of Specification and Site. Contractor is expected to carefully examine the site of the proposed work and all RFP specifications, documents, and forms. Contractor RFP No. 22-045RH Section IV. “Proposal Content” - Pg 14 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished and the requirements of the proposed specifications.

12. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed.

Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City.

13. Measurements. It is the responsibility of the Contractor to make all measurements to determine his proposal price. The City will not be responsible for determining the quantities of materials necessary to complete the work specified.

14. Permits. Unless otherwise specified herein, Contractor shall at his expense, obtain all permits and licenses and pay all charges and fees necessary for the performance of the contract, and shall give all public notices necessary for the lawful performance of the contract.

Contractor shall pay all taxes, levies, duties and assessments of every nature due in connection with any work under the contract, shall make any and all payroll deductions required by law, and shall indemnify and hold harmless the City from any liability on account of any and all such taxes, levies, duties, assessments and deductions.

15. Protection of Public. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the contractor to give advised and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area.

16. Rejection of Work. Contractor agrees that the City has the right to make all final determinations as to whether the work has been satisfactorily completed.

17. Unknown Obstructions. Should any unknown obstruction be encountered during the course of this contract, Contractor immediately bring it to the attention of the City.

Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavement, inlet/outlet piping, overflow/bypass structures, fencing, access roads, utilities and other adjoining property and structures, etc., and avoid damage thereto.

Contractor shall immediately replace or repair any damage caused by the Work operations.

Contractor shall take care to prevent disturbing or covering any survey markers, monuments or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to the City.

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 15 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services

18. Subcontractors.
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City. b. City reserves the right to approve all subcontractors. City’s approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Proposal Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

19. SB854 Notice Requirements.

This contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Pursuant to SB 854, which amended the Prevailing Wage Laws, this Contract is subject to compliance monitoring and enforcement by the DIR. Beginning March 1, 2015, with very limited exceptions no contractor or subcontractor may be listed on a proposal for this Contract unless registered with the DIR pursuant to Labor Code section 1725.5.

Beginning April 1, 2015, no contractor or subcontractor may be awarded this Contract unless registered with the DIR pursuant to Labor Code section 1725.5.

The DIR registration number for each contractor and subcontractor must be identified on the proposal - failure to identify this number could result in the proposal being rejected as non-responsive. It is each contractor’s responsibility to ensure that they have fully complied with SB 854. The City will report all necessary contracts to the DIR as required by the Prevailing Wage Laws.

P. Safety Requirements/OSHA Violations
Safety at the Project site during performance of the work is of paramount concern to the City.

Accordingly, Contractors must not have committed any serious violations within the last two (2) years or any willful violations within the last five (5) years of federal or state OSHA regulations.

Contractors must identify the number of OSHA violations on the CONTRACTOR’S INDUSTRIAL SAFETY RECORD form. Any serious or willful violation falling within the timeframes noted above may render a proposal as non-responsive. We strongly encourage full disclosure, since failure to identify all violations on the CONTRACTOR’S INDUSTRIAL SAFETY RECORD form may result in rejection of the proposal as non-responsive or the Contractor non-responsible following a hearing.

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 16 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services A citation properly appealed through OSHA is not considered to be a violation until the matter is closed and considered final by OSHA. The City still expects this information to be disclosed by the Contractor with an explanation and documentation showing that the matter is properly under appeal with OSHA and not considered closed or final. Failure to be forthcoming with this information may result in rejection of the proposal as non-responsive. Notwithstanding the preceding, the City may waive this criterion in its sole and absolute discretion.

Q. Laws Governing Contract
This contract shall be in accordance with the laws of the state of California. The parties stipulate that this contract was entered into in the county of Riverside, in state of California. The parties further stipulate that the county of Riverside, California, is the only appropriate forum for any litigation resulting from a breach hereof or any questions risen here from.

R. Primary Contractor
No person, organization, or corporation is allowed to make, submit, or be interested in more than one Proposal unless in a sub-contractual relationship with respect to the Proposals. A person, organization or corporation submitting sub-proposals or quoting prices on materials to Contractors is prevented from submitting a Proposal to the City as a primary Contractor.

S. Public Records
Responses (proposals) to this Request for Proposal (RFP) and the documents constituting any contract entered into thereafter become the exclusive property of the City of Corona and shall be subject to the California Public Records Act (Government Code Section 6250 et seq.). The City of Corona’s use and disclosure of its records are governed by this Act.

Those elements in each proposal which Contractor considers to be trade secrets, as that term is defined in Civil Code Section 3426.1(d), or otherwise exempt by law from disclosure, should be prominently marked as “TRADE SECRET”, “CONFIDENTIAL”, or “PROPRIETARY” by Contractor. The City of Corona will use its best efforts to inform Contractor of any request for disclosure of any such document. The City of Corona, 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.

In the event of litigation concerning disclosure of information the Contractor considers exempt from disclosure, the City of Corona will act as a stakeholder only, holding the information until otherwise ordered by a court or other legal process. If the City of Corona is required to defend an action arising out of a Public Records Act request for any of the contents of a Contractor’s proposal marked “Confidential”, “Proprietary”, or “Trade Secret”, Contractor shall defend and indemnify the City of Corona from all liability, damages, costs, and expense, including attorneys’ fees, in any action or proceeding arising under the Public Records Act.

To insure confidentiality, Contractors are instructed to enclose all “Confidential, “Proprietary,” or “Trade Secret” data in separate sealed envelopes, which are then included with the proposal documents. Because the proposal documents are available for review by any person after award of a contract resulting from an RFP, the City of Corona shall not in any way be held responsible RFP No. 22-045RH Section IV. “Proposal Content” - Pg 17 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services for disclosure of any “Confidential,” Proprietary,” or “Trade Secret” documents that are not contained in envelopes and prominently marked.

T. Participating Government Agencies
Contractors may extend the pricing, terms and conditions of (RFP) No.22-045RH Citywide Utilities Facilities Arc Flash Study Consulting Services to other government agencies. Participating agencies may enter into a contract with the Contractor for the purchase of the same commodities based on the terms, conditions and prices, offered by the Contractor to the City of Corona for this RFP. Any additional terms and conditions not established (RFP) No.22- 045RH Citywide Utilities Facilities Arc Flash Study Consulting Services will need to be negotiated directly between the Contractor and the participating agency U. Labor Compliance

1. Certified Payroll Records:

In accordance with California Prevailing Wage Laws, Consultant shall keep accurate payroll records. The payroll records shall show the name, address, social security number, work classification, straight time and overtime hours worked, and actual wages paid to each applicable worker employed by consultant in connection with the work. The payroll records shall be certified and made available for inspection at all reasonable hours in accordance with the California Prevailing Wage Laws.

The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (DLSE) of the DIR or shall contain the same information as the forms provided by the DSLE. The record of wages paid shall be certified by the Consultant and submitted with each progress payment request. Consultant shall redact the street address and all but the last four digits in the employee’s social security number prior to submitting the certified payroll records to the City.

2. Apprentices:

Consultant shall comply with the provisions of Section 1777. 5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Consultant employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Consultant.

Within 10 days of award or no later than receipt of the Notice to Proceed, Consultant shall submit a copy of the completed Division of Apprenticeship Standards Public Works Contract Award – DAS 140 form to the City. Consultant shall submit copies of completed Division of Apprenticeship Standards Requests for Dispatch of an Apprentice – DAS 142 forms with the progress payment request immediately following submission to the appropriate Apprenticeship Committee in the craft or trade of the public work.

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 18 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services

SECTION IV

PROPOSAL CONTENT

A. Presentation
Proposals should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise

1. Cover Letter: Proposals shall contain the following information in a cover letter:
a. identification of Contractor, including name, address and telephone; b. proposed working relationship between Contractor and subcontractors, if applicable; c. acknowledgment of receipt of all RFP addenda, if any; d. name, title, address, telephone number and email address of contact person during period of proposal evaluation;
e. a statement to the effect that the proposal shall remain valid for a period of not less than 90 days from the date of submittal; and
f. signature of a person authorized to bind Contractor to the terms of the proposal.

Following the cover letter, proposals should address the following items in turn:

2. Technical Proposal (Project):
a. Project Approach:
i. Describe how your proposed approach and methodology addresses the City’s needs as expressed in the RFP.
b. Work Plan: This section must contain sufficient detail to convey to members of the evaluation team your firm’s knowledge of the subjects and skills necessary to successfully complete the project.
i. Describe your plan for accomplishing the tasks described in the Scope of Work.
ii. Describe personnel working on the project, their tasks, and their time commitments.
iii. Describe any enhancements or procedural or technical innovations that would further the purpose and outcomes of this RFP.
c. Project Schedule:
i. Describe when various elements of work would be completed and when deliverables would be provided after work begins.
d. Deliverables:
i. Describe fully any deliverables that will be due under the contract, based on the Scope of Work.

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 19 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services

3. Experience
a. Completed Contractor Information Form (attached)
b. Completed Contractor Experience Form (attached)
c. Disclosures:
i. Contractor must include in his proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Contractor or in which the Contractor has been judged guilty or liable.
d. Team Structure:
i. Describe your firm’s organizational chart, identify who will have overall responsibility for the work, and include the lines of authority between team members up to this senior level.
e. Sample Work (if applicable):
i. Describe samples of work from other, similar projects that demonstrate your firm’s capability to accomplish the work describe in this RFP. ii. The Training Requirements that are later in the document I would add here. The more that I thought about it seemed more like a Proposer/Contractor requirement for technical staff. If it is intended to be a part of the Safety program it would still be a good requirement for the Proposer’s Staff.

4. Safety:
a. Completed Industrial Safety Record Form (attached)
b. Describe the safety measures you plan to put in place to assure the City that all applicable OSHA regulations will be adhered to with the inclusion of an Injury and Illness Prevention Program.

5. Cost Proposal
a. Completed Price Form (attached)
Technical Proposal (Company’s Experience)
a. Qualifications, Related Experience and References
This section of the proposal should establish the ability of contractor to satisfactorily perform the required work by reasons of: experience in performing work of a similar nature; demonstrated competence in the services to be provided; educational qualifications; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client references. Contractor shall:

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 20 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services (1) provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees;
(2) provide a general description of the firm’s financial condition; identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede contractor’s ability to complete the project;
(3) describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project;
(4) identify affiliates by company name, address, contact person, telephone number and project function and describe financial institution’s experience working with each affiliate; and (5) provide, at a minimum, three references from the projects cited as related experience; reference shall furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. Contractor may also supply references from other work not cited in this section as related experience.
b. Proposed Staffing and Project Organization
This section of the proposal should establish the qualifications of the proposed project staff.

Contractor shall:
(1) provide education, experience and applicable professional credentials of proposed project staff;
(2) furnish brief resumes (not more than two [2] pages each) for the proposed Project Manager and other key personnel;
(3) include a project organization chart which clearly delineates communication/reporting relationships among the project staff; and c. Work Plan
Contractor shall provide a narrative which addresses the Scope of Work and shows contractor’s understanding of the City’s needs and requirements.

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 21 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services Contractor shall:
(1) describe the approach to completing the tasks specified in the Scope of Work;
(2) outline sequentially the activities that would be undertaken in completing the tasks and specify who would perform them; and Contractor may also propose enhancement or procedural or technical innovations to the Scope of Work which do not materially deviate from the objectives or required content of the project.

B. Exceptions/Deviations
State any exceptions to or deviations from the requirements of this RFP on the Price Form where indicated. Contractors are cautioned that exceptions to or deviations from RFP requirements may cause their proposal to be rejected as non-responsive.

C. Appendices
Information considered by Contractor to be pertinent to this RFP and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Contractors are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief.

D. Licensing and Certification Requirements
By submitting a proposal, Contractor warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by Contractor and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in Contractor's response. Proposals lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected.

E. Fee Proposal
Contractor shall include a schedule of fees for each line of service included in Contractor’s proposal and complete and sign the Price Form in Section C. below in its entirety. (Fee Proposal must be submitted in a sealed envelope separate from proposal documents and marked “Price Form”).

All prices shall be quoted F.O.B. destination, Corona, California. All shipping, handling and freight charges must be shown separately on the Price Form.

RFP No. 22-045RH Section IV. “Proposal Content” - Pg 22 of 22 Citywide Utilities Facilities Arc Flash Study Consulting Services F. Ownership of Contract Documents
All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any Subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the City on request at completion of the Work.

G. Prohibited Interests
No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Project, shall be or become directly or indirectly interested financially in the Contract.

H. Proposal Checklist
Cover Letter
Technical Proposal
Acceptance of Terms
Contractor’s Price Form
Non-Collusion Declaration
Acknowledgment of the Terms and Conditions of the Agreement Insurance Requirements Check Sheet
Contractor Information Form
Contractor Experience Form
Vendor Performance Evaluation Form Acknowledgement
Industrial Safety Record Form
Price Form
Contractor’s Experience Statement
Statement of Past Disqualifications
Workers’ Compensation Certification

MODIFICATIONS OF PROPOSALS
Each Contractor shall submit its Proposal in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Proposal may render it non-responsive and may cause its rejection.

Proposals shall neither delete, modify, nor supplement the printed matter on the Proposal Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.

RFP No. 22-045RH Section V. “Evaluation and Award” - Pg 1 of 2 Citywide Utilities Facilities Arc Flash Study Consulting Services

SECTION V

EVALUATION AND AWARD
The City is soliciting Contractors who have established knowledge and expertise in all aspects of the services requested in this RFP.

A. Evaluation Criteria
The following weighting and points will be assigned to the Proposal for evaluation purposes:

1. Work Plan/Work Organization - 25 points
Maximum Points
Project Approach 7
Work Plan 8
Project Schedule 7
Deliverables 3

2. Qualifications of Company and Personnel (Experience) - 25 points Contractor Information Form 4
Contractor Experience Form 9
Disclosures 7
Team Structure 3
Sample Work (if applicable) 2

3. Approach to Safety Measures - 25 points
Industrial Safety Record Form 21
Injury and Illness Prevention Program 4

4. Cost Proposal - 25 points
The City reserves the right to negotiate with
each Contractor a Best and Final Offer
The City reserves the right to negotiate with each
Contractor a Best and Final Offer
Contractor must include in his proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Contractor or in which the Contractor has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any Proposals. The City reserves the right to reject any Proposals based upon the Contractor’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

B. Evaluation Procedure
All proposals received as specified will be evaluated by City staff in accordance with the above criteria. During the evaluation period, the City may do any or all of the following:

RFP No. 22-045RH Section V. “Evaluation and Award” - Pg 2 of 2 Citywide Utilities Facilities Arc Flash Study Consulting Services

1. generate a “short list” and conduct interviews with the top candidates;

2. conduct on-site visits and/or tours of the candidates’ places of business;

3. conduct negotiations with the most qualified candidate(s).

Contractors should be aware, however, that award may be made without Contractor visits, interviews, or further discussions or negotiations.

C. Award
Depending on the dollar amounts of the proposals received, City staff will either select Contractor(s) best meeting the above-specified criteria or submit a recommendation to City Council for consideration and selection, the proposal(s) evaluated by staff to be the most qualified.

The City anticipates making final selections and awards on or about June 15, 2022.

In addition, negotiations may or may not be conducted with Contractors; therefore, the proposal submitted should contain your most favorable terms and conditions, since the selection and award may be made without discussion with any Contractor.

RFP No. 22-045RH Section VI. “Proposal Forms”. Page 1 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services

SECTION VI

RFP ACKNOWLEDGEMENT
REQUEST FOR PROPOSALS: RFP No. 22-045RH
DESCRIPTION OF RFP: Citywide Utilities Facilities Arc Flash Study Consulting Services CONTRACTOR’S NAME/ADDRESS:

NAME/TELEPHONE NO. OF

AUTHORIZED REPRESENTATIVE
Please provide detailed Firm Fixed Price cost information in the spaces provided below, and any other incidental or additional costs required to complete the scope of the project requirements.

All quantities below are estimates for the purposes of comparison. Estimated quantities are no guarantee of actual amounts.

Extended price shall include all equipment, materials, supplies, labor and ancillary costs required to complete the Project.

Price Sheets for Citywide Utilities Facilities Arc Flash Study Consulting Services:
[SAMPLE TASK STATEMENT HERE]
[PRICING STRUCTURE TEMPLATE PLACED HERE FOR CONTRACTORS TO COMPLETE] Please check your calculations before submitting your proposal; the City will not be responsible for Contractor miscalculations.

In the event that Contractor intends to propose zero-dollar value for any item shown in the RFP/Price Form, Contractor shall enter “zero” or “0” in the space provided for price or cost. With the exception of “Reason(s) for No Proposal”, all spaces in the RFP/Price Form shall be filled in by Contractors. City reserves the right to reject as non-responsive any or all proposals containing blank spaces.

Contractor shall complete the following required information:

RFP No. 22-045RH Section VI. “Proposal Forms”. Page 2 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services Contractor’s Acknowledgement of His Understanding of the Terms and Conditions.

Signature below verifies that Contractor has read, understands, and agrees to the conditions contained herein and on all of the attachments and agenda.

Are there any other additional or incidental costs which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No . (circle one). If you answered “Yes”, please provide detail of said additional costs:

Please indicate any exceptions to or deviations from the RFP Requirements here.

Have you included in your proposal all informational items and forms as requested? Yes / No (circle one). If you answered “No”, please explain:

Have you been or are you on any federal list of debarred or suspended Contractors? Yes / No (circle one)
This offer shall remain firm for ninety (90) days from RFP close date.

Terms and conditions as set forth in this RFP apply to this solicitation.

Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days.

In signing this proposal, Contractor warrants that all certifications and documents requested herein are attached and properly completed and signed.

From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received. It RFP No. 22-045RH Section VI. “Proposal Forms”. Page 3 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services is the Contractor’s responsibility to ensure that all addendums are received. Failure to acknowledge receipt of addenda may cause the City to reject the proposal as non-responsive.

Verification of Addenda Received
Addenda No: __________ Received on: _________
Addenda No: __________ Received on: _________
Addenda No: __________ Received on: _________
AUTHORIZED SIGNATURE:

PRINT SIGNER’S NAME AND TITLE:

DATE SIGNED:

COMPANY NAME & ADDRESS:

PHONE: FAX:

EMAIL: _______________________
DIR REGISTRATION NO.: _______________________________
RFP No. 22-045RH Section VI. “Proposal Forms”. Page 4 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services PARTY SUBMITTING PROPOSAL: ______________________

NON-COLLUSION DECLARATION
(TO BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH PROPOSAL) The undersigned declares:

I am the _________________________________________________ [title] of ___________________________________ [Contractor], the party making the foregoing proposal.

The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or a sham. The Contractor has not directly or indirectly induced or solicited any other Contractor to put in a false or sham proposal. The Contractor has not directly or indirectly colluded, conspired, plotted, or agreed with any Contractor or anyone else to put in a sham proposal, or to refrain from submitting a proposal. The Contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Contractor or any other Contractor, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Contractor. All statements contained in the proposal are true. The Contractor has not, directly or indirectly, submitted his or her proposal price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Contractor that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Contractor.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________ [date], at ________________________________ [city], _________________________[state]. ____________________________________
Signature
____________________________________
Typed or Printed Name
____________________________________
Title
____________________________________
Party Submitting Proposal
RFP No. 22-045RH Section VI. “Proposal Forms”. Page 5 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services RFP No. 22-045RH Section VI. “Proposal Forms”. Page 6 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services

ACKNOWLEDGMENT OF THE TERMS AND CONDITIONS OF THE CITY OF

CORONA MAINTENANCE/GENERAL SERVICES AGREEMENT
(To be Completed and Submitted with Contractor’s Proposal) This is to acknowledge that we have read the City of Corona Maintenance/General Services Agreement and will sign the agreement, as presented, without exception, for the City’s RFP No. 22-045RH Citywide Utilities Facilities Arc Flash Study Consulting Services. ______________________________________________________________________________ (Firm name)
______________________________________________________________________________ (Print name and title of person signing for firm)
______________________________________________________________________________ (Signature/date)

RFP No. 22-045RH Section VI. “Proposal Forms”. Page 7 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services CITYWIDE UTILITIES FACILITIES ARC FLASH STUDY CONSULTING SERVICES.

Insurance Requirements Check Sheet
(To be Completed and Submitted with Contractor’s Proposal) Contractor shall present any insurance exceptions that do not meet the City’s minimum insurance requirements. Exceptions will be evaluated by the City and are subject to acceptance at the City’s discretion.

RFP No. 22-045RH

INSURANCE REQUIREMENTS
Meet or Exceed ?
General Liability ‐ $1M occurrence/$2M aggregate Yes or No Automobile Liability ‐ $1M Yes or No
Workers Compensation and Employer's Liability ‐ $1M Yes or No Professional  Liability ‐ $1M occurrence/$2M aggregate Yes or No Technology Professional E&O Insurance ‐ $2M occurrence or $2M aggregate Yes or No (1) an insurer with a current A.M. Best’s rating no less than (A‐):VII and licensed as an admitted insurance carrier in California; or   Yes or No (2) an insurer with a current A.M. Best’s rating no less than (A‐):X and authorized to issue the required policies in California. (LASLI) Yes or No
Insurance Endorsements
General Liability
(Occurrence form CG 0001)
Policy should state the City the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection therewith
OR
Any person or organization whom you have agreed to include as an additional insured under a written contract. provided such contract was executed prior to the date of loss.

Yes or No
Completed Operations as evidenced with the following endorsements Endorsement form CG 20 10 11 85 OR Yes or No
CG 20 37 and one of the following Yes or No
CG 20 10 Yes or No
CG 20 26 Yes or No
CG 20 33 Yes or No
CG 20 38 Yes or No
The insurance coverage shall be primary any City insurance will be in excess of the contractors insurance and will not be called upon to contribute Endorsement Form shall be as broad as CG 20 01 04 13
Yes or No
RFP No. 22-045RH Section VI. “Proposal Forms”. Page 8 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services Automobile Liability
Form number CA 0001 code 1 (any auto) Yes or No
No owned autos Code 8 (hired) and 9 (non‐owned) Yes or No Workers' Compensation
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Consultant
Yes or No
Waiver of Subrogation – All Other Policies. Consultant hereby waives all rights of subrogation any insurer of Consultant’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Consultant
Yes or No
All insurance policies shall have a (30) days' notice of cancellation endorsement OR
Yes or No
Vendor must sign a City provided statement that the Vendor shall notify the City within two business days any notice of cancellation Yes or No
Does your insurance have any deductibles and/or self‐insurance retentions? Yes or No RFP No. 22-045RH Section VI. “Proposal Forms”. Page 9 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services

CONTRACTOR INFORMATION FORM
A. Information about Contractor
[***Indicate not applicable (“N/A”) where appropriate. ***] NOTE: Where Contractor is a joint venture, pages shall be duplicated, and information provided for all parties to the joint venture.
1 Name of Contractor: ___________________________________________ 2 Type, if Entity: ___________________________________________ 3 Consultant Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Email Address Telephone Number

4. ___________________________ ____________________________ License Number DIR Registration Number
5 How many years has Contractor’s organization been in business performing the services requested in this RFP? ______________________________ 6 How many years has Contractor’s organization been in business under its present name? ________________________

6.1 Under what other or former names has Contractor’s organization operated:
_______________________________________________
7 If Contractor’s organization is a corporation, answer the following:

7.1 Date of Incorporation: ________________________________

7.2 State of Incorporation: ________________________________

7.3 President’s Name: ________________________________

7.4 Vice-President’s Name(s): ________________________________ ________________________________

7.5 Secretary’s Name: ________________________________

7.6 Treasurer’s Name: ________________________________
RFP No. 22-045RH Section VI. “Proposal Forms”. Page 10 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services 8 If an individual or a partnership, answer the following:

8.1 Date of Organization: ______________________________________

8.2 Name and address of all partners (state whether general or limited partnership):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 9 If other than a corporation or partnership, describe organization and name principals:
___________________________________________________________ ___________________________________________________________

10. List other states in which Contractor’s organization is legally qualified to do business.
___________________________________________________________ ___________________________________________________________ ___________________________________________________________

11. What type of work does the Contractor normally perform with its own forces? ___________________________________________________________ ___________________________________________________________

12. Has Contractor ever failed to complete any work awarded to it? If so, note when, where, and why:
___________________________________________________________ ___________________________________________________________

13. Within the last ten years, has any officer or partner of Contractor’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
___________________________________________________________ ___________________________________________________________ RFP No. 22-045RH Section VI. “Proposal Forms”. Page 11 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services

14. List Trade References:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

15. List Bank References (Bank and Branch Address):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

16. Insurance Documentation:

Submit a sample of your certificate of insurance for a preliminary review by the City.

Disclose any deductibles or self-insured retentions. Any deductibles or self-insured retentions are subject to approval by the City
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ B. Personnel (copy this page if additional space is required) The Contractor shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person’s job title, name and percent of time to be allocated to this project:

2. Summarize each person’s specialized education:

RFP No. 22-045RH Section VI. “Proposal Forms”. Page 12 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services

3. List each person’s years of experience relevant to the project:

4. Summarize such experience:

Contractor agrees that personnel named in this Proposal will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

Additional Contractor’s Statements:

If the Contractor feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

C. Verification and Execution
These Forms shall be executed only by a duly authorized official of the Contractor:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Contractor
Signature
Name
Title
Dated
RFP No. 22-045RH Section VI. “Proposal Forms”. Page 13 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services

CONTRACTOR EXPERIENCE FORM
Contractor is required to have successfully performed three Citywide Utilities Facilities Arc Flash Study Consulting Services projects with a minimum value of $50,000 or greater within the last five years and submit references for the three (3) projects.

1. Project Name
Address

Phone Number
Contact Person
Dates of Project to
Value of Project

2. Project Name
Address

Phone Number
Contact Person
Dates of Project to
Value of Project

3. Project Name
Address

Phone Number
Contact Person
Dates of Project to
Value of Project
I hereby certify that I have performed the work listed above. _______________________________________
Signature of Contractor
RFP No. 22-045RH Section VI. “Proposal Forms”. Page 14 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services Vendor Performance Evaluation Form
Department: Division:

Prepared By: Title:

Vendor Name: P.O. #:

Contract Amount: $ Change Order Amount: $
Project Name:

Description of Project:

Date Prepared:

Performance Evaluation Period: (select one)
Weekly Monthly Quarterly Annually Other
Vendor Category: (select one)
General and Maintenance Services -
Commercial services provided on a frequent
basis such as catering, lawn service, general
maintenance, or cleaning.

Professional Service - unique, technical,
and/or infrequent functions performed by an
independent Consultant/vendor qualified by
education, experience, and/or technical
ability to provide services.

Products - a supplier of a tangible object that
is manufactured or refined for sale.

Software - a supplier of technology
infrastructure or any license/maintenance
based, or cloud based software, requiring
access to the City’s information technology
system.

Evaluation Score Range and Criteria Factors

EXCELLENT
ABOVE

AVERAGE AVERAGE

BELOW AVERAGE

UNSATISFACTORY
5 (4.50‐5.00) 4 (3.20‐4.49) 3 (2.60‐3.19) 2 (1.81‐2.59) 1 (1.00‐1.80)

1. Quality of Goods and Services: A measure to determine if the goods/ service received met the quality desired.

2. Quality of Work Performed: A measure to determine if the actual performed met the quality desired.

3. Timeliness of Delivery of Goods: A measure to determine if the goods delivered met (at minimum) the date specified to the vendor.

4. Compliance with Law and Regulations: A measure to determine if the supplier adhered to compliance law and regulations related to the nature of work or product delivered.

RFP No. 22-045RH Section VI. “Proposal Forms”. Page 15 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services

5. Safety and Protection: A measure to determine if the supplier followed all safety precautions and wore the appropriate protection gear to perform the service.

6. Appropriate of Tools/Technology: A measure to determine if the vendor provided tools/technology that aligned with requirements.

7. Customer Service: How knowledgeable was the vendor regarding the product or service, was the vendor proactive in addressing City staff problems or concerns regarding the product or service.

8. Overall Timeliness of Invoices: Invoices for payment were submitted on a timely basis reflective to the contract.

9. Overall accuracy of Invoices: Invoices for payment were accurate and complete, covering the Work completed as of the date of the Application, inclusive of all required attachments and backup data
For each category identified below, enter the score (1 – 5) with 1 being unsatisfactory and 5 being excellent

Evaluation Criteria Evaluation Score

1. Quality of Goods and Services 5 4 3 2 1

2. Quality of Work Performed 5 4 3 2 1

3. Timeliness of Delivery of Goods 5 4 3 2 1

4. Compliance with Law and Regulations 5 4 3 2 1

5. Safety and Protection 5 4 3 2 1

6. Appropriate of Tools/Technology 5 4 3 2 1

7. Customer Service 5 4 3 2 1

8. Overall Timeliness of Invoices 5 4 3 2 1

9. Overall accuracy of Invoices 5 4 3 2 1
RFP No. 22-045RH Section VI. “Proposal Forms”. Page 16 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services

ACKNOWLEDGMENT OF THE VENDOR PERFORMANCE EVALUATION FORM This is to acknowledge that we have read the City of Corona Vendor Performance Evaluation Form and understand a version of this type of form will be used to provide the basis for regular conversations with the City around contract performance metrics. ______________________________________________________________________________ (Firm name)
______________________________________________________________________________ (Print name and title of person signing for firm)
______________________________________________________________________________ (Signature/date)

RFP No. 22-045RH Section VI. “Proposal Forms”. Page 17 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services

CONTRACTOR'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS Contractor is required to state any and all instances of being disqualified, removed, or otherwise prevented from submitting a proposal, or completing any, contract for Citywide Utilities Facilities Arc Flash Study Consulting Services.

1. Have you ever been disqualified from any contract?
Yes No

2. If yes, explain the circumstances:

Signature of Contractor

RFP No. 22-045RH Section VI. “Proposal Forms”. Page 18 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Contractor’s Name
Signature
Name
Title
Dated

RFP No. 22-045RH Section VI. “Proposal Forms”. Page 19 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services

INDUSTRIAL SAFETY RECORD
(To be Completed and Submitted with Contractor’s Proposal) Number of OSHA Violations within the last 5 years (must state zero if none):
___ Serious ___ Willful ___ Repeat ___ Other ___ Unclass _____ Total

Firm Name (Print)

Signature

Name and Title (Print)

Date
RFP No. 22-045RH Section VII. “Agreement Sample”.

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SECTION VII.

AGREEMENT SAMPLE

CITY OF CORONA

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH [***INSERT NAME***]
([***INSERT TYPE OF SERVICES***] – [***INSERT PROJECT NAME***])

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] (“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and [***INSERT NAME***], a [***[INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance or other general services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Citywide Utilities Facilities Arc Flash Study Consulting Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the Citywide Utilities Facilities Arc Flash Study Consulting Services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Citywide Utilities Facilities Arc Flash Study Consulting Services maintenance or other general services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from June 15, 2022 to June 14, 2023 (“Term”), unless earlier terminated as provided herein. Contractor shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section

3.5.8 below (each a “Renewal Term”).

RFP No. 22-045RH Section VII. “Agreement Sample”.

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3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All Services performed by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”).

City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement.

Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor agrees that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the RFP No. 22-045RH Section VII. “Agreement Sample”.

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Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.9 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor 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. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the Term of the Agreement. Contractor shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.9 or any of its sub-sections.

3.2.9.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, subsubcontractors and consultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.9.1.

RFP No. 22-045RH Section VII. “Agreement Sample”.

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3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.9.1 or 3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.9.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.9.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.9.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Contractor commences any Services under this Agreement, Contractor shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.10.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned); RFP No. 22-045RH Section VII. “Agreement Sample”.

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and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability $1,000,000 MINIMUM; per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 MINIMUM; per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM; per accident for bodily injury or disease.

3.2.10.3 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. (B) Waiver of Subrogation – Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Contractor.
(C) All Coverages. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Contractor. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.10.4 Other Provisions; Endorsements Preferred. Contractor shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Contractor:
(A) Waiver of Subrogation – All Other Policies. Contractor hereby waives all rights of subrogation any insurer of Contractor’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Contractor. Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Contractor shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business RFP No. 22-045RH Section VII. “Agreement Sample”.

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days from date of receipt by Contractor. Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.

3.2.10.5 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.

3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.

3.2.10.7 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M.

Best’s rating no less than A-:X and authorized to issue the required policies in California.

3.2.10.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.10.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.10.10 Sub-Contractors. All subcontractors shall comply with each and every insurance provision of this Section 3.2.10. Contractor shall therefore not allow any subcontractor to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Agreement.

3.2.10.11 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.

3.2.11 Safety. Contractor shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.

RFP No. 22-045RH Section VII. “Agreement Sample”.

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3.2.12 Bonds.

3.2.12.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the Total Compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the Total Compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.12.4 Surety Qualifications. The bonds must be provided by a surety which is satisfactory to the City and which meets either of the following criteria: (1) a surety with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted surety insurer in California; or (2) a surety with a current A.M. Best’s rating no less than A-:X and authorized to issue the required bonds in California. If a surety does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.13 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.3 Fees and Payments.

3.3.1 Rates & Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) (“Total Compensation”) without written approval of City’s [***INSERT TITLE***]. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

RFP No. 22-045RH Section VII. “Agreement Sample”.

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3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Contractor and its subcontractors shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Contractor and its subcontractors shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no contractor or subcontractor may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. It is most efficient for the Contractor to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Contractor may obtain a copy of the prevailing wages from the City’s [***INSERT TITLE***]. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6 Apprenticeable Crafts. If the work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Contractor employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, RFP No. 22-045RH Section VII. “Agreement Sample”.

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as well as any authorized reimbursable expenses, and Contractor shall be entitled to no further compensation.

Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:

Contractor:
[***INSERT NAME, ADDRESS & CONTACT PERSON***]
City:

City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: [***INSERT NAME & DEPARTMENT***]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification. To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, 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, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit RFP No. 22-045RH Section VII. “Agreement Sample”.

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based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.6.1 Subcontractors; Assignment or Transfer. Contractor shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Contractor shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subcontractors, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.

3.5.6.2 Corona Utility Authority. To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, Contractor has no right to terminate this Agreement, either with or without cause, based upon the existence or non-existence of either or both of the CUA Management Agreements. Therefore, if an applicable CUA Management Agreement expires or terminates for any reason, Contractor shall remain fully obligated to perform under this Agreement with the CUA or another third party contracted by the CUA for the maintenance, management and operation of the applicable utility system. .

3.5.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.10 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.6, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.5.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

RFP No. 22-045RH Section VII. “Agreement Sample”.

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3.5.12 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. 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 member, 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.

3.5.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. [SIGNATURES ON NEXT 2 PAGES]
RFP No. 22-045RH Section VII. “Agreement Sample”.

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CITY’S SIGNATURE PAGE FOR

CITY OF CORONA

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH [***INSERT NAME***]
([***INSERT TYPE OF SERVICES***] – [***INSERT PROJECT NAME***]) IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF CORONA
By: _________________________
[***INSERT NAME***]
[***INSERT TITLE***]
Attest:
_________________________
[***INSERT NAME***]
City Clerk
RFP No. 22-045RH Section VII. “Agreement Sample”.

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CONTRACTOR’S SIGNATURE PAGE FOR

CITY OF CORONA

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH [***INSERT NAME***]
([***INSERT TYPE OF SERVICES***] – [***INSERT PROJECT NAME***]) IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
[***INSERT NAME OF CONTRACTOR***]
a [***INSERT TYPE OF LEGAL ENTITY***]
By: _________________________
[***INSERT NAME***]
[***INSERT TITLE***]
By: _________________________
[***INSERT NAME***]
[***INSERT TITLE***]
RFP No. 22-045RH Section VII. “Agreement Sample”.

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EXHIBIT “A”

SCOPE OF SERVICES

INSERT PROPOSED SCOPE OF SERVICES
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EXHIBIT “B”

SCHEDULE OF SERVICES

INSERT PROPOSED SCHEDULE OF SERVICES
RFP No. 22-045RH Section VII. “Agreement Sample”.

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EXHIBIT “C”

COMPENSATION

INSERT PROPOSED RATES & AUTHORIZED REIMBURSABLE EXPENSES SEE SECTION 3.2.12 ABOVE AND INSERT CITY’S REQUIREMENT FOR

PERFORMANCE/PAYMENT BONDS, OF WHICH ARE REQUIRED

APPENDIX
City Facility Locations ............................................................................................... Attachment A RFP No. 22-045RH Section VII. “Agreement Sample” Page 19 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services CA\DD\02000.50102\10151745.2 (CITY ATTY: 04-15)

CITYWIDE UTILITIES FACILITIES ARC FLASH STUDY LOCATIONS Type
Facility Description Address
Water Treatment Plant (WTP) Facilities
WTP LESTER-WTP 2970 RIMPAU AVE
WTP SDO-WTP 2940 WILDERNESS CIR
WTP DESALTER-WTP 745 CORPORATION YARD WAY
WTP HG ION EXCHANGE WTP 410 RIMPAU AVE

Water Reclamation Facilities (WRF)
WRF WRF#1-RAILROAD 2205 RAILROAD STREET
WRF WRF#2-HARRISON 650 E HARRISON
WRF WRF#3-TEMESCAL 3997 TEMESCAL CYN

Boosters
Booster ZONE 6 @ EAGLE GLEN 1602 FAIRWAY
Booster EAGLE GLEN ZONE 4/5 4255 EAGLE GLEN
Booster AQUINO-BOOSTER 1030 AQUINO CIR
Booster BORDER-BOOSTER 2290 BORDER AVE
Booster CHASE/LESTER (raw) -BOOSTER 1315 E. CHASE DR.

Booster CRESTA VERDE-BOOSTER 2005 PROMENADE
Booster GREENRIVER-BOOSTER 4130 GREENRIVER DR
Booster KRAFT RANCH-BOOSTER 1725 OAKRIDGE DR
Booster MABEY CYN-BOOSTER 2643 BORDER AVENUE
Booster MONTANA RANCH-BOOSTER 2930 WILDERNESS CIR
Booster PAYETTE-BOOSTER 881 PAYETTE AVE
Booster SDO-BOOSTER (raw water) 1670 MONTANA RANCH
Booster SERFAS CLUB-BOOSTER 1290 SERFAS CLUB DR
Booster ZONE 4 @ LESTER-BOOSTER 2930 WILDERNESS CIR
Booster ZONE 5 @ LESTER-BOOSTER 2970 RIMPAU
Booster HARLAN HILLS 3440 BONNIEVIEW CIRCLE
Booster MORITA 755 MORITA
Booster SIERRA BELLA BOOSTER 2690 HIDDEN HILLS WAY
RW
Booster
BORDER 2525 BORDER AVE
RW
Booster
WRF 1 RECLAIMED BOOSTER 2201 RAILROAD STREET

APPENDIX
City Facility Locations ............................................................................................... Attachment A RFP No. 22-045RH Section VII. “Agreement Sample” Page 19 of 19 Citywide Utilities Facilities Arc Flash Study Consulting Services CA\DD\02000.50102\10151745.2 (CITY ATTY: 04-15)
Wells
Well WELL 3 24650 GLEN IVY RD
Well WELL 7A 917 CIRCLE CITY DR
Well WELL 8A 219 S. JOY
Well WELL 9A 505 S. VICENTIA
Well WELL 11 1865 POMONA RD
Well WELL 12A 523 MAPLE ST
Well WELL 13 1018 COTTONWOOD
Well WELL 14 1200 W. 10TH ST
Well WELL 15 100 N. LINCOLN
Well WELL 17A 1052 QUARRY
Well WELL 19 219 W. GRAND
Well WELL 20 25225 MAITRI RD
Well WELL 21 24650 GLEN IVY RD
Well WELL 22 405 SIERRA VISTA AVE
Well WELL 25 310 S. VICENTIA
Well WELL 26 730 CORP. YARD WAY
Well WELL 27 2581 MANGULAR
Well WELL 28 202 N. BUENA VISTA
Well WELL 29 902 RAILROAD
Well WELL 31 211 N. BUENA VISTA
Well WELL 33 3822 GRANT ST

Lift Stations
Lift Station ARTISAN - LIFT STATION 211 W. RINCON STREET Lift Station AHMANSON - LIFT STATION 11763 CHADWICK RD
Lift Station AIRPORT - LIFT STATION 1973 AVIATION DR
Lift Station GRIFFIN WAY - LIFT STATION 2680 GRIFFIN
Lift Station JOY & PARKRIDGE - LIFT STATION 495 E. PARKRIDGE Lift Station MCKINLEY - LIFT STATION 109 MCKINLEY
Lift Station PRADO - LIFT STATION 4225 PRADO
Lift Station SDO - LIFT STATION 3851 PALISADES
Lift Station SMITH & RINCON - LIFT STATION 1500 W RINCON Lift Station STAGECOACH - LIFT STATION 2220 STAGECOACH
Lift Station SUNKIST - LIFT STATION 650 E. HARRISON
Lift Station N MAIN - LIFT STATION 718 N MAIN STREET
Lift Station GREENRIVER - LIFT STATION 4776 GOLDEN RIDGE DRIVE Lift Station ARANTINE HILLS - LIFT STATION 2590 BEDFORD CANYON RD

Blending Stations
Blending GARRETSON BOOSTER/BLENDING/WST 506 E. ONTARIO AVE