HomeMy WebLinkAboutTAIT ENVIROMENTAL SERVICES, INCIPjANCE NOT ON FILE
PvP° 2� NQT-ED
CLERK OF COUNCIL
DATE:
O: P(iUAi. X6L.Lb`�
I-obi\'�
CONTRACTOR AGREEMENT
CITY OF SANTA ANA
A-2020-171
THIS AGREEMENT is made and entered into on this 18`a day of August, 2020 by and between
TArr j nvironmental Services, Inc., ("Contractor" ), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California ("City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of
underground storage tank maintenance, repair and testing pursuant to RFP 20-064.
B. Contractor represents that Contractor is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Scope of Work - Exhibit A.
attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for
City, the rates and charges identified in Compensation - Exhibit B. The total amount
to be expended under this Agreement shall not exceed $600.000 during the term of this
Agreement, including any extension periods exercised under Section 3. This sum shall
be comprised of $100,000 annually with a contingency amount of $20,000 for a total
annual cost of $120,000.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
Page I of 10
3. TERM
This Agreement shall commence on September I. 2020 for a three (3) year term with the
option for the City to grant -Lip _ to two (2) ohe (-1) year renewals, exercisable by a writing by the
City Manager and the City Attorney, unless terminated earlier in accordance with Section 16,
below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
(`Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the services
being performed are part of an applicable "public works" or "maintenance'" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to
fully comply with such Prevailing Wage Laws. 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.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement: however, the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Contractor under this Agreement ("Documents & Data'). Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares raider this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor- by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
Paae 2 of 10
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General- Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $ 1.000.000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Contractor, if Contractor has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the work under this
Agreement, Contractor agrees to obtain and maintain any emplover's liability
insurance with limits not less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
i. Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
into the Agreement.
V. Contractor shall supply City with a fully executed additional insured
Page 3 of 10
endorsement.
If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Contractor's right to be paid for its time and materials expended prior to notification
of termination. Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor
further agrees to indemnity, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. 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.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
Page 4 of 10
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow it representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three.
(3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources: (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specked under this
Agreement.
1.3. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable Law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Contractor affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. ha
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
Page 5 of 10
addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other contractors retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party
waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy
shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, not -
shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further agree
that Orange County, California, shall be the venue for any action or proceeding that may be brought
or arise out of, in connection with or by reason of this Agreement.
Page 6 of 10
19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's Pees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-5635
Page 7 of 10
A-2020-171
To Contractor:
James D. Streitz
Chief Operations Officer
701 N. Parkcenter Dr.
Santa Ana, CA 92705
Fax:714-560-8233
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
IN WITNESS WHEREOF, the patties hereto have executed this Agreement the date and year first
above written.
ATTEST:
• e
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By: �gytw
"`
Jose Montoya
Deputy City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba, P.E.
Executive Director
Public Works Agency
CITY OF SANTA ANA
risime d
City Manager
CONTRACTOR:
Digitally signed by James D. Streit,
James D. Streitz DN °'-JannesDSt"tz°"
email ystreP,lota¢mm, c=Ds
_ Date a020.0731 14:42:2s-0rOU
James D. Streitz
Chief Operations Officer
Page 8 of 10
EXHIBIT A
SCOPE OF WORK
- Appendix
ATTACHMENT 1: SCOPE OF WORK
SCOPE OF WORK
PROJECT OVERVIEW
The City of Santa Ana is seeking bids from qualified, experienced contractors to provide Designated
Underground Storage Tank (UST) Operator Services as well as testing, maintenance and repair
services for its UST fuel sites. The Public Works Agency Central Stores Division currently operates
thirteen (13) gasoline, diesel, and waste oil Underground Storage Tanks (USTs) as shown in
Attachment 3 and listed below:
Corporate Yard (5 UST) — 215 S. Center Street, Santa Ana, CA 92703
Police Department (2 UST) — 60 Civic Center Plaza, Santa Ana, CA 92701
s
Additional sites may be added during the term of the contract. �s
The selected contractor shall become the City's Designated UST Operator for-43 city -owned USTs at
2 6 locations throughout the city. Contractor must be a certified California UST System Operator.
Services will include 30-Day inspections, annual & triennial testing, conducting City staff training, and
scheduled or emergency maintenance and repairs.
The selected contractor shall possess sufficient knowledge to assist the City with maintaining
compliance with UST regulations and shall adhere to all applicable Federal, State, and Local
regulations pertaining to the operations, maintenance, and reporting for UST systems. Contractor shall
notify the City within (1) business day of discovering any suspected issue or activity that could
potentially cause non-compliance with any applicable regulation(s).
DESCRIPTION OF PROJECT
The City requires inspection services and maintenance of fuel sites that includes furnishing and
delivering parts, supplies, and accessories for gasoline, diesel, and waste oil USTs. Additional
miscellaneous items such as pumps, plumbing, tanks, nozzles and monitoring systems may also be
requested.
The City expects that the contractor will have an adequate supply of replacement parts available on
the service trucks. The supplies shall include, but not limited to, various Veeder-Root sensors (at least
one of each type), Veeder-Rood probe cables, spill bucket train valves (at least one of each type),
City of Santa Ana — RFP 20-064
Fuel Site Designated Operator, Maintenance and Repair Services
11
mechanical line leak detector and hanging hardware for a typical Gasoline and Diesel dispenser. The
City lists the current equipment in Attachment 4.
Contractor shall be licensed and/or certified to perform all inspections, testing, repairs, and alarm
responses in compliance with all City, State and Federal regulations and in accordance to Departmental
needs. Contractor shall provide proof of certifications at the City's request.
Fixed quotes may be required for projects and/or repairs. Contractor shall notify City designee for any
work that will exceed $1,000.
Contractor shall provide the City with their list of petroleum equipment supply vendors. Written
confirmation from the parts vendor shall be provide to the City if the contractor is unable to obtain the
parts within 48 hours. Failure to provide written confirmation could result in liquidated damages.
Upon completion of any testing, the Contractor shall submit an electronic copy of the test results and
printouts to the City designee and the proper regulatory Agency. (Testing and inspections include, but
are not limited to the Sites listed in Attachment 3-1). Contractor shall include the City designee on any
correspondence with regulatory Agencies and shall notify the City immediately of any failed test results.
Under the City's direction, the Contractor may be granted access to the City's California Environmental
Reporting System (CERS) account to upload UST -related documents and test results.
The Contractor is responsible for disposing all waste generated during testing events. In the event of a
waste or material spill that may pose adverse effects to the environment, the Contractor shall notify the
City immediately and shall promptly begin spill cleanup and abatement.
Contractor's employees working on the UST located at the Police Department will have escorted access
and will be continuously monitored while working at the Police Facility. Projects requiring permanent or
semi -permanent assignment to the Police Facility for one to eight weeks will require a LiveScan.
1. DESIGNATED UST OPERATOR SERVICES
Contractor shall have valid Designated UST Operator(s) certification(s). A list of employee names,
qualifications including copies of current International Code Council (ICC) certification(s) and expiration
dates for persons conducting the Designated UST Operator services shall be provided with the bid.
The City would prefer that the Designated Operator is also an [CC Certified UST Service Technician.
The Designated UST Operator shall provide general oversight of the UST program with specific
emphasis on regulatory compliance issues. The Designated UST Operator shall fulfill the
responsibilities set out in Title 23 of the California Code of Regulation, Chapter 16, Statue 2715 and
2716. Failure to conduct inspections within the required 30-Day timeframe may result in contract
termination.
As a minimum, the Designated UST Operator's responsibilities shall include:
REQUIREMENTS
YES
NO
COMMENTS AND EXCEPTIONS
30-DAY INSPECTION — Inspections shall
City of Santa Ana — RFP 20-064
Fuel Site Designated Operator, Maintenance and Repair Services
12
Include but not limited to the following:
1. Alarm History — For UST sites monitored
with a Veeder Root leak monitoring system,
print and review the alarm history for the past
Month.
2. Alarms — Investigate all leak, liquid level,
vacuum, brine, communication and LLD
alarms — Determine what caused the alarm
and what action was taken in response to the
alarm. Confirm that the response was
appropriate, For containment -sum liquid
alarms that have occurred since the last
monthly inspection, review the service call
record. If there is no record of a visit by an
ICC-certified service technician, visually
Inspect the containment sump for the
presence of liquid or debris.
3. Inspect Spill Containment — Check for
the. presence of liquid or debris in the spill
buckets. if liquid is present, determine if the
liquid Is the resultof water intrusion or overfill.
If necessary, clean affected spill buckets at
time of Inspection.
4. Sumps - it is the DO`s responsibility to
open and inspect averyasump (including
transition sumps) during the monNy
sp stsy
inspection�andf necessary, 'clean affected
sumps at time of in8 ectlon, It not previously 00j
noleted an
I recorded
6y an ]CC cortlfled Service technician billed
5. Leak Detection Sensors - All leak
In addltloh t'o the Proposed` Inspection
detection sensors must be redundant and
rate, at the proposed Certified Payroll
properly placed, meaning each sensor is
hourly rate. �S
placed so that it Is capable of continuously
detecting a leak at the earliest possible
opportunity, Sensors in UDCs and sumps
must be continuous, tamper -proof,
positioned at true vertical and located at the
lowest point,
6. Test Overfill Alarm - Test the audible and
visual overfill alarm on systems, if equipped.
Test output relay,if applicable.
7. Visual Site Inspection — At fueling sites,
visually inspect the hoses, breakaways and
nozzles for leaks, or seeping, and checking
dispensers and card readers for external
integrity. If present, inspect aboveground
piping and hoses for leaks and seeping. At
generator sites, check the day tank, the
generator; and all aboveground piping for
leaks and seeping. For any deficiencies
City of Santa Ana — RFP 20-064
Fuel Site Designated Operator, Maintenance and Repair Services
13
observed, notify (amity designee immediately.
Tag out affected fueling positions for any
hanging hardware issues observed.
8. Test and Maintenance Documentation -
Review documentation to confirm that all
testing, maintenance, and certifications have
been conducted within the proper time
periods. This includes a review of all
California State Water Resources Control
Board, California Air Resources Board,
South Coast Air Quality Management District
and local CUPA requirements.
9. Training Verification - Review the Facility
Employee Training Log to verify that all
Facility Employees have been trained as
required.
10. Reports — Compile results of the monthly
inspection and suggested corrective action
(where applicable) in a typed report (with
Veeder Root Alarm History printout) on the
Title 23 Appendix Vill form and leave it on
site. Also submit an electronic copy of the
inspection report and alarm history to the City
designee.
i,
FACILITY EMPLOYEE TRAINING — In
accordance with Title 23 of the California
Code of Regulation, Chapter 16, Statue
2715, provide annual training to all existing
facility employees, and all new facility
employees prior to the City employee
assuming their duties. Training shall include,
but not limited to the following topics:
1. Best Management Practices
a. Record Keeping
b. Preventative Maintenance
c. Delineation of Responsibility
d. Knowing your system and the spill
response kit
Compliance with all regulations
2. The Monitoring System
a. Explanation of how the system is
monitored, is redundant, and is
continual.
b. The Monitoring Panel and how to
respond to an alarm, including, but not
limited to the name of a contact person
for emergencies and monitoring
e ui ment alarms.
City of Santa Ana— RF'P 20-064
Fuel Site Designated Operator, Maintenance and Repair Services
14
3. Spills and Overfill Response — Provide
training that covers the procedures to
follow in the event of an unauthorized
release.
a. Emergency Contacts — Location of
posted contacts list.
b. Proper Operation of the Fueling System
where applicable)
SITE REPAIR NOTIFICATION — In the event
that the Designated UST Operator discovers
a sub -standard condition at a UST site or a
situation that is non -compliant, the
Designated UST Operator shall call the City
designee or their representative to initiate a
service call to bring the site up to compliance.
2. REQUIREMENTS FOR DESIGNATED UST OPERATOR
REQUIREMENTS
YES
NO
COMMENTS AND EXCEPTIONS
a) A current California UST System
O erator Certification.
b) At least four years of experience as a
Designated UST Operator for a major
Munici alit .
c) Excellent written and oral communication
skills.
d) A detailed knowledge of all CUPA and
SCAQMD documentation required for
USTs in the City of Santa Ana.
e) A good working relationship with the local
CUPA.
f) A detailed knowledge of each of the UST
sites listed.
g) Excellent references (four total)- Two
municipal customers, one industry
professional and on Santa Ana -area
CUPA inspector(preferably)
h) Additional Certifications:
California UST Service Technician
Certification.
Veeder Root (Level2, 3 or 4)
]CC Services Technician
Leak Detection
City of Santa Ana — RFP 20-064
Fuel Site Designated Operator, Maintenance and Repair Services
15
3. ADDITIONAL REQUIREMENTS
REQUIREMENTS
YES
NO
COMMENTS AND EXCEPTIONS
a) Contractor, Contractor's Employees and
Contractor's Subcontractors shall wear
uniforms with company name and
employee nametag visible and company
vehicle must be properly marked with
company name.
b) Contractor, Contractor's Employees and
Contractor's Subcontractors shall
Perform all work in accordance to all
City, State, and Federal Safety
Standards and Regulations. Contractor
shall obtain a copy of the City's Safety
Policies and Procedures form the City's
Risk Management Office. _
c) Upon entering the job site, Contractor,
Contractor's employees and the
Contractor's Subcontractors shall check in
with a City employee (in person or by
(phone) and document start time on work
order. Upon job completion, Contractor
shall document time completion and have
work order signed by a City Employee.
d) The City designee will identify the type
of service response required when the
request is initiated.
d1) EMERGENCY RESPONSE:
Phone response within 30 minutes of
the initial call. Arrival on site within
2 hours of phone confirmation.
d2) NON -EMERGENCY RESPONSE:
Confirmation of onsite arrival the next
business day.
d3) GENERAL SERVICE REQUEST:
Service needs to be completed prior to
the next Designated Operator
Inspection.
City of Santa Ana — RFP 20-064
Fuel Site Designated Operator, Maintenance and Repair Services
16
---End of SCOPE OF WORK Section. ---
City of Santa Ana — RFP 20-064
Fuel Site Designated Operator, Maintenance and Repair Services
17
EXHIBIT B
COMPENSATION
Page 10of10
Appendix
ATTACHMENT 2: FEE PROPOSAL
Certification - I certify that I have read, understand and agree to the terms and conditions
of this Request for Proposals. I have examined the Scope of Services (Appendix:
Attachment 1) and am familiar with the scope of work. I am familiar with all the existing
conditions and limitation that may impact work requests. I understand and agree that I
am responsible for reporting any errors, omissions or discrepancies to the City for
clarification prior to the submission of my proposal.
Proposer Item Price — Pricing shall be based on a unit cost for services described in
Scope of Services. Fee must be inclusive of all costs, including but not limited to, direct
and indirect costs for labor, overhead, incidental supplies, travel, mileage and fuel. Any
special materials will be purchased by the Contractor only after discussed and authorized
by City Public Works Agency in writing.
fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor
designations, equipment and materials. Specify and estimate any other costs associated
with the system.
Total quotation is to be firm offer for no less than ninety (90) days and will be regarded
by the City as bidder's best and final offer.
Note: This contract is subject to prevailing wages.
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: TAIT Environmental Services, Inc.
Item #
Bid Item
Fee
30 DAY TESTING:
1.
Provide a fee to perform all tasks
necessary for 30 Day Designated UST
Operator Inspection
Cost per
site
$ $328:99 $220.00
ANNUAL TESTING:
2a.
Annual Motor Certification, Spill Bucket Test and Line Leak Detector Test
1. Cost per test
Cost per
site
$1,610.00
2. Cost per re -test*
Cost per
$1,385.00
City of Santa Ana — RFP 20-064
Fuel Site Designated Operator, Maintenance and Repair Services
18
IS
site
2b.
Annual Vapor Recovery Testing
1. Cost per test
$1 U0.00
2. Cost per re -test*
$1 355.00
TRIENNIAL TEST (REQUIRED EVERY THREE YEARS):
3.
Secondary Containment Testing
_
1. Cost per test
$ 3 670.00
2. Cost per re -test*
$3,370 00
*Re -test cost sections are listed in case the re -test is performed on a different day.
4.
Facility Employee Training as per
regulations and UST program
requirements
Cost per
Training
$+2fff0.$220.00
5
_
In person attendance at UST Task
Force meetings as per UST program
requirements. Meetings are normally
one hour. Invoice shall be for actual
meeting time. Cost shall include travel
time to reach location.
Cost per
Meeting
Hour
$210.00
LABOR RATE
6a.
Same Business Day Service Calls (service calls made by 1:00 p.m. PST).
The Contractor shall quote labor rates and provide explanation as required
herein:
1. Straight Time On -Site Time Prevailing/Hour
$ 150.00 per hour
2. Over Time (on -Site Over Time Prevailing/Hour
$175.00 per hour
3. Double Time: On -Site Double Time $Prevailin/Hour))
$ 200.00 per hour
6b.
Next Business Day Service Calls (Service calls made after 1:00p.m. PST).
The Contractor shall quote labor rates and provide explanation as required
herein:
1. Straight Time
9 (On -Site Time ($Prevailing/Hour))
$ 150.00 per hour
2. Over Time (on -Site Over Time ($Prevailing/Hour))
$ 175.00 __ per hour
3. Double Time: On -Site Double Time ($Prevailinq/Hour)
$ 200.00 per hour
4. Travel(Non-Prevailing Wage Drive Time
$100.00 per homer
Contractor shall define what constitutes Straight Time, Over Time and Double Time: Handy Rataaare based open Tol
.t W he nefor I n, da .
Straight Time: (please specify if a minimum time is billed for each call.)There is no minimum time requirement.
Over Time: (please specify when overtime is paid.)Ovar Time is paid in excess of 8 boom (based upon any and all total hours earned for ths
Double Time: (please specify when double time is paid. For holidays, indicate which holidays.) Double Timer
7
Emergency Service Calls (Response by phone required within 30 minutes
and onsite response required within 2 hours of service call).
No more than two (2) Service Technicians shall be allowed per service call
City of Santa Ana— RFP 20-064
Fuel Site Designated Operator, Maintenance and Repair Services
19
Is
,I incurred
day). Overtime is also
paid in excess of
d upon any & all total
hours earned for the
day), or on work
performed on Sunday's.
Double Time is applicable
on National & Federally
Rece9nized
Holidays.
without prior approval from the City.
1. Minimum Time Charge (if any) per hour or min
$NLA per hour or
Circle one):
min (circle one)
2. Hourly Emergency Call Out charge during
$150.00 per hour
regular business hours (7:30 a.m. — 4:30 p.m.,
On-Site'rime ($PrevailingLH
Monday -Friday)
3. Hourly Emergency Call Out charge during non-
$ 200.6-0— per hour
business hours (4:31 p.m. — 7:29 a.m., Monday -
Friday, weekends and holidays)
4. Travel
$100.00 per hour
Contractor shall define whether this time includes travel time (flat rate, portal to portal, actual time to
reach location billed at an hourly rate, etc.). Travel billed at an hourly rate should be measured in
increments of 0.25 with a maximum of 1 hour (one way), The above stated hourly rates do not Include travel time,
Alarm Response: Normally, the City is the first to respond to Veeder Root
8
alarms; however, the City may elect to have Contractor respond to alarms 5
independently. Response by phone required within 30 minutes and onsite
_
m
response required within 2 hours of service call: a
1. Minimum time charge (if any)
$NL� _ per hour orr
min circle one Ti
2. During regular business hours (7:30 a.m. —
$ tso.00 per hour t
4:30 .m., Monday -Friday)
S
3. During non -business hours (4:31 p.m. — 7:29
$ 1R5.00 per hour
a.m., Monday -Friday, weekends and holidays)
4. Travel
$ 100.00 per hour
ntractor shall define whether this time includes travel time (flat rate, portal to portal, actual time to
ch location billed at an hourly rate, etc.). Travel billed at an hourly rate should be measured in
L
rements of 0.25 with a maximum of 1 hThe aboved hourly t d tinclude travel t
our)
anagement
administrative
sts, or mileage,
Nice truck or
aterials - anything in
Idition to the hourly
to will be billed as
me & Materials per
a attached
:hedule of Rates.
m nagement
a minis ra rve cos , or mi sage, service uc or ma ena s - anything in
addition to the hourly rate will be billed as Time & Materials per the attached
Schedule of Rates.
TAIT Environmental Services. Inc. 33-0359360
COMPLETE LEGAL NAME OF COMPANY TAXPAYER I.D. NO.
Z01 Parkcenter Drive Santa Ana. CA 92705
BUSINESS ADDRESS STREET CITY/STATE ZIP CODE
Erin Langford Director, Client Relations
NAMC
com
714-567-6410
:8om.r14
588098 1000017134
CSLB NUMBER DIR REGISTRATION NUMBER
City of Santa Ana — RFP 20-064
Fuel Site Designated Operator, Maintenance and Repair Services
20
Tait Environmental Services, Inc.
Schedule of Rates
Field Personnel
Classification
Hourly Rate
Service Technician — Regular (Drive or Office Time)
512, 505, 041,
511,035
$ 100.00
Service Technician — Prevailing Wage
512, 505, 041,
511,035
$ 150.00
Administrative Personnel
Senior Project Manager
090
$ 140.00
Project Manager
091
$ 130.00
Assistant Project Manager
125
$ 110.00
Database Manager
503
$ 105.00
Health & Safety Manager
510
$ 100.00
Project Coordinator
507
$ 90.00
_
Administrative Assistant
039
$ 65.00
Professional Personnel
Principal
001
$ 225.00
Senior Engineer/Geologist
020
$ 150.00
Senior Designer & Design Group Manager
141
$ 145.00
Designer
004
$ 105.00
Project Engineer/Geologist
092
$ 110.00
_
Environmental Scientist
104
$ 100.00
Researcher / Permit Expediter
040
$ 90.00
Environmental Technician
_
121
$ 70.00
• The Above Labor Rates are Based on an 8-Hour Day.
• Time in Excess of 8 Hours will be Charged at the specified Over Time Rate.
• Labor for Saturday Work will be Charged at the specified Over Time Rate.
• Labor Rates for Sunday and Holiday (Nationally and Federally Recognized
Holidays) will be Charged at at the specified Double Time Rate.
• Prevailing Wage rates do apply to "Field Personnel', however would be directed
by the scope of work.
PAGE 1 OF 2
Schedule of Rates (Prevailing Wage),
Continued
Reimbursable Expenses
_
Materials Furnished Specifically for Pro'ect
Cost + 1506
E ui ment Rentals
Cost + 15%
Subcontractors & Subconsultants
Cost + 15%
Air Transportation
Ticket Cost + 15%
Mileage - Electronic Service Trucks, Cars and
Light Pickup Trucks
$.90 / Mile
Truck Charge - $90 / Day
Per Diem — Lodging & Meals
Per Current Listed GSA
Rates + 15% (per project location,
for Lod_qln_g & Meal Allowance
PAGE 2 OF 2