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HomeMy WebLinkAbout25E - AGMT - STORM DRAIN CLEANINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: EXECUTE AGREEMENT AMENDMENTS WITH UNITED STORM WATER, INC., AND OCEAN BLUE ENVIRONMENTAL SERVICES, INC., FOR STORM DRAIN FACILITY CLEANING AND SPILL RESPONSE CIT NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute amendments to the agreements with United Storm Water, Inc., and Ocean Blue Environmental Services, Inc., to provide storm drain facility cleaning and spill response services, exercising the option to extend the term for a one-year period, providing funding in the amount of $250,000 annually, and assigning authority to the City Manager to exercise the three remaining one-year options to extend. DISCUSSION The City must provide storm drain facility cleaning and spill response services in order to remain compliant with federal storm water regulations. The recommended action will allow the City to continue seamless compliance through subsequent agreement terms. The California Regional Water Quality Control Board enforces the Federal National Pollutant Discharge Elimination System (NPDES) Stormwater Permit that regulates pollution from entering the waters of the United States. Compliance with this NPDES permit and the Federal Clean Water Act requires cleaning of all City-owned drainage facilities, and mitigation of all discharges of pollutants (spills) that could contaminate the waters of the United States. On June 4, 2012, the City Council awarded contracts to United Storm Water, Inc., and to Ocean Blue Environmental Services, Inc., with provisions for four additional one-year terms. Both contractors have performed well during the past contract period and provided very responsive service to the City. Staff recommends exercising the option to extend the agreements for a one- year term. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25E-1 Execute Agreement Amendments with United Stormwater, Inc., and Ocean Blue Environmental Services, Inc. July 15, 2013 Page 2 FISCAL IMPACT Funds are available in the Federal Clean Water Protection Fund (Account 05717640-62300). Raul Godinez II, Executive Director Public Works Agency RG:CC APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Contractor Agreement -Ocean Blue Environmental Services, Inc. 2. Contractor Agreement - United Storm Water, Inc. 3. Amendment Agreement - Ocean Blue Environmental Services, Inc. 4. Amendment Agreement - United Storm Water, Inc. 25E-2 IMWHANCE NOT ON FILE ORK MAY Nff PROCEED L CLERK OF COUNCIL 7- (S t 1::,.. . CONTRACTOR AGREEMENT A-2012-106 THIS AGREEMENT, made and entered into this 4th day of June, 2012 by and between Ocean Blue Environmental Services, Inc., a California corporation (hereinafter "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 (hereinafter «City?,). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of spill response and storm drain facility cleaning services. B. Contractor represents that it is able and willing to provide such services for the City of Santa Ana. 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 contractor 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: 1. SCOPE OF SERVICES Contractor shall provide services, as set forth in the Scope of Work and Contractor's Proposal, attached hereto as Exhibits A and A-1, respectively, and incorporated by reference. 2. DELIVERY OF WORK PRODUCT - OWNERSHIP Contractor warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Contractor's contribution to the Project, including works to be produced by Contractor hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Contractor shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Contractor. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Contractor, Contractor agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Contractor, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Schedule, attached hereto as Exhibit B, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $250,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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. 4. TERM EXHIBIT 1 25E-3 This Agreement shall commence on July 1, 2012 and terminate on June 30, 2013, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for up to four additional one-year terms, at the option of the Executive Director of Public Work. 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. 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 which 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers 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 $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 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 employer's liability insurance with limits not less than $1,000,000 per accident. d. 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 in form by the City Attorney. (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. e. 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 effect 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. 7. INDEMNIFICATION 2 25E-4 Contractor agrees to 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 direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I 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 indemnify, 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. S. 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. 9. 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 specified under this Agreement. 10. 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 facsimile 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: Public Works - Design Engineering City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 25E-5 and Fax 714-647-5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Contractor: Ocean Blue Environmental Services, Inc. Bill Piekkola 925 W. Esther Street Long Beach, CA 90813 Fax 562-624-4127 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 facsimile, 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. 11. 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. In 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 addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor 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 are not embodied herein. 12. 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 consultants retained by City. 13. 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 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. However, any use of unfinished work product shall be at City's sole risk. 4 25E-6 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. 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. 15. 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. 16. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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 fees, 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. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Signatures on following page 25E-7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: 0 `Laura Sheedy Assistant City Attorney ` RECOMME DED F APPROVAL: Raul Godinez, H Executive Director WA CITY OF SANTA ANA PAUL WALTERS Interim City Manager Ocean Blue Environmental Services, Inc. 6 25E-8 CONTRACTOR Exhibit A SCOPE OF WORK Spill Response Under the direction of the City, the Contractor shall work to recover any discharge as defined in Santa Ana Municipal Code, Article IV: Water Pollution, and prevent progression into the public storm dram system and/or receiving waters. Contractor shall be capable of performing the following tasks: a. Deploy containment at various points along the projected travel path of the discharge and protect near-by storm drain facilities from contamination. The City shall provide a description of the site and discharge to the best of its ability during the initial request. The contractor shall respond within 1 hour of initial request. b. Deploy all necessary personnel, equipment and materials to recover the discharge. c. Conduct confined space entry and video camera inspection of storm drain facilities. d. Perform steam/pressure washing of the contaminated area, including storm drain facilities to the satisfaction of the City. e. Take discharge water samples for lab analysis and provide results to the City f. Provide routine pick-ups of contained pollutants throughout the City. g. Manifest the waste lawfully and efficiently to the satisfaction of the California Department of Toxic Substances Control (DTSC), the United States Department of Transportation, The Environmental Protection Agency and the EPA-permitted disposal facilities receiving the waste. h. Provide temporary storage, transport and proper legal disposal of recovered discharge. i. Provide an incident report with before and after pictures within 1 week of performing the work required pursuant to this contract and an annual report of all incidents within 2 weeks after the end of the City's fiscal year. The City shall provide sample formats for each report. j. Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this contract. The Contractor must obtain written approval prior to commencing any Additional Work. k. Adhere to all the requirements of the City's NPDES Permit while performing the work required pursuant to this contract. Storm Drain Facility Cleaning Under the direction of the City, the Contractor shall inspect and clean storm drain facilities within the City. Contractor shall be capable of performing the following tasks: a. Perform thorough inspection of all Catch Basins throughout the City and provide an inspection schedule within 7 days of Notice to Proceed. Remove the existing manhole cover and reinstall and fasten the manhole cover whenever unattended. The replacement of missing or damaged screws or bolts shall be at no additional cost and should be noted on the Inspection Report During Storm Season, Perform thorough inspection of all Catch Basin with Inserts throughout the City within the first 7 days of each Storm Season month. b. During each inspection, remove all trash and debris found in front of curb opening or on ARS Insert and all vegetation growing across and/or blocking the opening. 7 25E-9 c. Provide a completed Inspection Report that describes the physical condition of each Catch Basin including but not limited to: 1. Date of Inspection 2. Location (Northing/Easting) 3_ Dimensions 4_ Identification Number 5_ Insert Type 6. Exterior Damage (Face Plate, Protection Bar, Manhole) 7. Stencil 8. Interior Damage 9. Volume of Trash and Debris (Percentage of Total Capacity) 10. Potential Blockages 11. Vegetation Growing The City reserves the right to add fields to the Inspection Report. The City shall provide sample formats for each report. d. Lock (Open) all ARS Inserts prior to Storm Season and unlock (Close) all ARS Inserts prior to Dry Season. Make necessary mechanical adjustments to ensure the functionality of all ARS Inserts. e. Deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from storm drain facilities within 7 days of City's request. During Storm Season, deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from Catch Basins with Inserts when they are filled to 40 percent capacity within 7 days of the inspection- Upon completion of cleanout operation and prior to leaving, sweep/clean the top surface and remove all resulting trash and debris within an area of at least 2 feet. No trash and debris is to be left for future pick-up. f. Provide temporary storage, transport and proper legal disposal of recovered trash and debris. Stencil the "No Dumping, This Drains to Ocean" logo on the top slab of each Catch Basin if it is not already present or if mark is faded. h. Report illicit connection or discharge not related to this Contract. i. Provide an Annual Report of all inspections and cleaning operations within 2 weeks after the end of the City's fiscal year. The Annual Report shall incorporate all Inspection Reports. The City reserves the right to add fields to the Annual Report. The City shall provide sample formats for each report. Provide electronic GIS based map (and supporting files) and photography documentation in support of the Inspection Reports and Annual Reports- Supporting program and application formats will be provided by the City. j. Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this contract. The Contractor must obtain City's written approval prior to commencing any Additional Work. k. Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. 8 25E-10 EXHIBIT A-1 CONTRACTOR'S PROPOSAL 25E-11 EXHIBIT A-1 1. Work Plans SPILL RESPONSE During the past fifteen years, Ocean Blue has performed thousands of Spill Response for municipalities. From our experience, we foresee following 5 types of Spill Responses. 1. Spill Above Ground 2. Spills in the Storm Drain System 3. Abandoned Waste Pick-Up on City Road or Property 4. Bio-Haz (Sewage Spill/Trauma Scene) Cleanup 5. Spills in Waterway. On all these incidents, Ocean Blue will provide incident report with before and after pictures within 1 week of completion and annual report within 2 weeks after City's fiscal year-end. Please see attached 5 flow charts for our Spill Response procedures at the end of this tab. STORM DRAIN FACILITY CLEANING Ocean Blue has extensive experience in removing and disposing of vegetation, debris, trash, dirt and as well as many other substances and material from storm drain system. Prior to inspections of all catch basins, Ocean Blue will evaluate the locations of the catch basins. This task will include dividing up the catch basins in groups or straight lines to inspect and clean as many as possible in eight hour shifts. 1 25E-12 All vehicles used during the catch basin inspection and cleaning process will be equipped with traffic control lights, traffic cones and traffic delineators for worker safety and limit traffic delays. Ocean blue will submit a traffic control plan compliant with the Department of Transportation to the City of Santa Ana prior to the commencement of any work performed. Ocean Blue will be able to perform the inspections of all catch-basins with in a seven day notice to proceed from the City if Santa Ana. During the removal of existing manhole covers Ocean Blue will inspect rings and cover lids for cracks and defects. Ocean Blue will replace any missing or damaged screws or bolts at no additional cost to the city of Santa Ana. During the inspection process Ocean Blue will log and photo the condition of each catch basin inside and outside prior to any work. After photographing the condition of each catch basin Ocean blue will remove all trash and debris found in front of curb opening or on ARS Inserts. Ocean Blue will remove all vegetation growing across and or blocking the opening. Ocean Blue will provide a detailed report that describes the physical condition of each catch basin. Items included in the inspection report for each catch basin will include the following. Photos of the catch basin before cleaning / inspection and after cleaning • Date of inspection 2 25E-13 C { • Location (Northing/ easting) o Catch basin GIS identification number Type of catch basin insert a Exterior damage(face plate, Protection bar, manhole and manhole ring) • Stencil + Interior damage Volume of trash and debris ( Percentage of total capacity) e Potential Blockages e •Vegetation Growing Ocean Blue welcomes the City of Santa Ana to review and add items to our inspection report. Prior to the Storm season, Ocean Blue will lock (open) all catch basins equipped with ARS inserts. Prior to the dry season Ocean Blue will unlock (close) all storm drain catch basins equipped with ARS inserts. Ocean Blue will make all necessary mechanical adjustments are made to ensure the functionality of all catch basins equipped with ARS inserts. Ocean Blue will deploy personnel, equipment and materials to remove all trash and debris not limited to Mud, vegetation, and garbage from storm drain facilities with seven days of the City's request. All work will be performed in a safe, timely and cost effective manner. All contaminated materials can be weighted if requested before disposal, 3 25E-14 During Storm Season Ocean Blue will deploy personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation, and garbage from catch basins with inserts when they are filled to 40 percent capacity with seven days of the inspection. All work will be performed in a safe, timely and cost effective manner. Upon completion of the clean out operation and prior to leaving Ocean Blue will sweep clean the top surface and remove all resulting trash and debris within an area of at least two feet. No trash and debris will be left for future pick up. Ocean Blue will provide temporary storage trash and debris. Ocean Blue will provide transportation and dispose of trash and debris in a proper and legal manner. Ocean Blue will stencil the "No Dumping, Drains to Ocean Logo on the top slab of each catch basin if it is not already present or mark if faded. Attached is our flow chart describing the stenciling process. (See last page of this tab) Ocean Blue will report all illicit connection or discharges not related to this contract immediately to the City of Santa Ana. Upon request from the city Ocean Blue can block and contain any products introduced into the storm drain system from illicit connections. Ocean Blue can provide intrinsically safe pipeline camera service to assist investigators from the City to trace the origin of all illicit connections. Ocean Blue will provide a CD video copy of the pipeline investigation of all illicit connections. Ocean Blue can assist the City in its efforts to plug or remove any illicit connections discovered in storm drain systems. 4 25E-15 Ocean Blue will provide an Annual Report of all inspections and cleaning operations with two weeks after the end of the City's fiscal year. The annual Report shall incorporate all inspection reports. The City retains the right to add fields to the annual report. The city shall provide all sample formats for each report. We will provide electronic GIS based map (and supporting files) and photography documentation in support of the Inspection Reports and Annual Reports. Supporting Program and application formats will be provided by the City. Upon request Ocean Blue will submit supplemental proposals for additional work not called tinder the Scope of Work of this contract. Ocean Blue will obtain written approval prior to commencing any additional work. Ocean Blue will strictly adhere to all the requirements of the City's NPDES Permits while performing the work required for this contract. 2. Activity Outline Please see the detailed work flow charts for the sequence of activities. Regarding which and how much resources needed for the job, our project manager or supervisor will discuss the required resources with the City representative. Usually, the method of cleaning and acceptable level of cleanness will be decided by the municipalities that o,%ms the system. On large spill incidents, the Incident Commander may by State of California or Federal government. Ocean Blue will be performing nearly all tasks. 1'Pr6ject Schedule 5 25E-16 For Spill Response, if the spill lasts more than a day, there will daily lAP (Incident Action Plan) meeting which will include scheduling. For Storm Drain Facility Cleaning, Ocean Blue will provide ETC (Estimate To Complete) project schedule, as well as Actual and EAC (Estimate At Completion) schedule. 4. Quality Control Ocean Blue considers Quality assurance a very important factor in maintaining the high standard of performance we offer our customers. In our efforts to insure the quality of services are maintained our project assurance go through the following phases: 1. Pre-Project Preparation 2. Project Monitoring 3. Post Project Job Evaluation The Pre-Project preparation involves a) hiring the right people, b) project request check list, c) comprehensive training, and d) supervisorlmanager roundtable meeting to discuss potential problems, techniques, methods and disposal options. Project Monitoring involves the a) Tailgate Safety Meeting and Confined Space Entry Permit (if required) to discuss current project. This meeting gives the employees the opportunities for questions about the project. B) On-Site Visit by General Manager or Safety Officer or company officer to see first-hand that daily plan are implemented effectively and efficiently. 'T'hese visits are at no cost to our customer 5 25E-17 Post Project Job Evaluation involves General Manager's post project meeting with project managers, and if necessary with field crew as well. General Manager will often consult with regulatory agencies for their input on performance and improvement suggestions. For the budget control system on large projects, Ave use EV (Earned Value) system to monitor costs and schedules. Concept is "Actual + ETC = EAC" and our billing department would update the Actuals daily and project manager updates ETC. By looking at our scheduling to see what our EV % Completed and compare this with our schedule and budget to determine the schedule under/overrun, as well as cost underloverrun. We understand that our customers do not like surprises, so if there is any expected cost or schedule (5 lden ' any special issues and how to address them. 1. Localized Flood due to plugged storm line or catch basis: There have been major incidents where ARS has failed and caused a major flooding during rain. In fact, all the ARS were removed from the Los Angeles County Public Works system and replaced with giant tube socks like items connected to the outfall. These are in cages so when socks break off due to heavy rain pressure, it says in the cage and does not plug up any drain system. . In case of flooding, Ocean Blue will dispatch our jetters and guzzlers to unplug the lines. Ocean Blue will also dispatch out vacuum trucks and pumps if needed. 25E-18 . 2. During the inspection Ocean Blue may discover illegal connections to the storm drain system. We will notify the City and video tape the illegal connections. 3. During the inspection, we may discover cracks in the system where objects can seep into the system. We will notify the City and if desired we will seal the joints with 5-year warrenty. Ocean Blue have sealed over hundred storm drain joints. 4. On large projects, Santa Ana River may need to be boomed-off. Ocean Blue has 15,000 feet of boom and boats/punts to deploy them. 6. Any enhancements to Scope of Work We recommend adding the following to the scope of work, 1. In case of spill cleanup, make every effort to bill RP (Response Party) directly. 2. Have the ability to contain spills in Santa Ana River. 3. Have license and perform Trauma Scene cleanup. Exce tionsffiMations No exceptions or deviations. 8 25E-19 EXHIBIT B FEE SCHEDULE 10 25E-20 ATTACHMENT 2 CONTRACT COMPARISON FORM Contractor shall complete this form and Subcontractors Form (Attachment 3) and described below in a sealed fee envelope. purposes only. include it along with the Designation of Contractor Experience Form (Attachment 4) This form will be used for fee comparison LABOR RATES OF CONTRACTOR PERSONNEL: Classification Hourly Rates Strai ht Time Over Time Premium Time Project Manager 103.50 135.00 135.00 _Supervisor 79.20 94.50 108.00 Chemistlindustrial H ienist 157.50 180.00 180.00 Lead Technician 54.00 78.30 103.50 Equipment Manager 51.30 76.50 99.00 Technician 47.70 68.40 90.00 All personnel shall have a minimum of 40 hours HAZ-WOPER training as specified by 29 CFR 1910-120. NOTE: Straight Time: Monday through Friday, from 800 am to 5:00 pm. Overtime: Monday through Friday, before 8:00 am and after 5.00 pm, and all day Saturday. Premium Time: Sundays, City Holidays and after 12 hours of work. SEE ATTACHMENT FOR ADDITIONAL RATES Page I8 of 30 25E-21 OCHR?n ENVIRONMENTAL SENVICES,INC. 925 West Esther Street Long Beach, CA 90813 Ph: (562) 624-4120 Fx: (562) 624-4127 ATTACHMENT 2: SPECIAL 2012 RATES FOR CITY OF SANTA ANA 1. HAZARDOUS WASTE-TRAINED PERSONNEL HOURLY RATE STRAIGHT OVER- PREMIUM CLASSIFICATION TIME TIME TIME PROJECT MANAGER 1033.50 135.00 135.00 SUPERVISOR 79.20 94.50 108.00 CHEMIST/ INDUSTRIAL HYGIENIST 167.50 160.00 180.00 LEAD TECHNICIAN 54.00 78.30 103.50 EQUIPMENT OPERATOR 51.30 76.50 99.00 TECHNICIAN 47.70 68.40 90.00 ALL PERSONNEL HAVE AT A MINIMUM, 40-HR HAZ-WOPER TRAINING AS SPECIFIED BY 29 CFR 1910.120 2. CERTIFIED HAZARDOUS WASTE TRANSPORTATION VEHICLES HOURLY RATE UTILITY TRUCK 4X4 WfTRAFFIC CONTROL LIGHTS & LIFTGATE 40.50 GEAR TRUCK W/ LIFTGATE 40.50 EMERGENCY RESPONSE UNIT - LARGE 212.40 EMERGENCY RESPONSE UNIT - SMALL 142.20 CREW VAN 31.50 BOB CAT W/SOLID TIRES 49.50 VACUUM TRAILER - 20 BBL 49.50 VACUUM TRUCK - 70 BBL W/ ROPER PUMP* 99.00 VACUUM TRUCK -120 BBL* 117.00 VACUUM TRUCK -120 BBL STAINLESS STEEL* 135.00 OMNI VAC - 85 BBL* 225.00 JETTER / VACTOR COMBO UNIT* 225.00 ROLL-OFF TRUCK* 99.00 ROLL-OFF TRUCK AND TRAILER* 117.00 DUMP TRUCK -10 WHEEL* 85.50 2V BOX VAN* 85.50 END DUMP TRUCK - 24TON* 99.00 45' BOX VAN* 99.00 45' FLAT BED* 99.00 BACK HOE 81.00 25' EQUIPMENT TRAILER 31.50 "*" DENOTES EQUIPMENT INCLUDING OPERATOR. THESE WILL BE CHARGED AN ADDITIONAL $29.00 PER HOUR FOR OVERTIME AND $39.00 PER HOUR FOR PREMIUM TIME. AND FUEL SURCHARGE OF 20°x6 LONG BEACH * 2 c &g1ZF 6 + SAN DIEGO oENVIRONMENTAL SERVICES, INC. 925 West Esther Street Long Beach, CA 90813 Ph: (562) 624-4120 Fx: (562) 624-4127 ATTACHMENT 2: SPECIAL 2012 RATES FOR CITY OF SANTA ANA 3. RESPIRATORY I CONFINED SPACE ENTRY EQUIPMENT SELF-CONTAINED BREATHING APPARATUS (30 MIP 124.20 DAILY 6-PACK BREATHING AIR BOTTLES 248.40 DAILY 5-MINUTE EGRESS AIR BOTTLE 35.10 DAILY TRIPOD WIDOUBLE WINCHES 223.20 DAILY FULL BODY HARNESS WI SHOCK ABSORBER 31.50 DAILY COPPUS BLOWER 180.00 DAILY 4-GAS AIR MONITOR 272.70 DAILY PID METER 378.00 DAILY MERCURY VAPOR ANALYZER 472.50 DAILY OVA MONITOR 331.20 DAILY DRAGGER PUMP 28.80 DAILY DRAGGER TUBES 14.40 EACH PERSONAL 4 GAS METER 225.00 DAILY 4. TRAFFIC CONTROL ARROW BOARD 202.50 DAILY PORTABLE DECON STATION WIARROWBOARD 270.00 DAILY BARRICADES WI REFLECTORS, EACH 28.80 DAILY DELINEATORIREFLECTIVE, EACH 1.80 DAILY NO TURN RIGHT OR LEFT SIGNS, EACH 14.40 DAILY TRAFFIC CONEIREFLECTIVE, EACH 2.70 DAILY TRAFFIC CONTROL SIGNS 48"X48"/REFLECTIVE 33.30 DAILY 5. CLEANING EQUIPMENT AIR COMPRESSOR 27.90 HOURLY CHEMICAL DIAPHRAGM PUMP 283.50 DAILY DECONTAMINATION STATION 193.50 DAILY DIAPHRAGM PUMP 203.40 DAILY HYDROBLASTER 71.10 HOURLY INTRISICALLY SAFE PUMP FOR FUEL TANKS 99.00 DAILY STEAM MACHINE 1,000 PSI 22 GPM 61.20 HOURLY STEAM MACHINE 3,500 PSI 6 GPM 47.70 HOURLY PORTABLE TRASH PUMP 189.00 DAILY AIR SCRUBERS PORTABLE 157.50 DAILY HEPA FILTERS FOR SCRUBBERS 117.00 EACH 2" TRANSFER HOSE - 30' 9.00 DAILY 3" CHEMICAL TRANSFER HOSE - 30' 13.50 DAILY 55 GALLON CARBON SCRUBBER FOR VAC TRUCKEE 180.00 DAILY 3 STALL DECONTAMINATION SHOWER 270.00 DAILY 6. PORTABLE STORAGE UNITS 20-YARD BIN, OPEN TOP 23.40 DAILY 20-YARD BIN, CLOSED TOP 27.00 DAILY 40-YARD BIN, OPEN TOP 23.40 DAILY 40-YARD SIN, CLOSED TOP 28.80 DAILY BIN LINERS CC 47.70 EACH * LONG BEACH 0 25FgI23F 5 A SAN DIEGO OCEfifl-OLUE ENVIAONMENTflL SERVICES. INC. 925 West Esther Street Long Beach, CA 90813 Ph: (562) 624-4120 Fx: (562) 624-4127 ATTACHMENT 2: SPECIAL 2012 RATES FOR CITY OF SANTA ANA 7. OIL SPILL EQUIPMENT 20' DRUM & SUPPLY TRAILER W/ 4' SIDES &'12,000 189.00 DAILY BOOM TRAILER (STANDBY) Wl 1500' OF 8"x12" BOO 142.20 DAILY BOOM 8"x12" (DEPLOYED) 1.80 PER FT/DAY BOOM 4"x12" (DEPLOYED) 1.13 PER FT/DAY 22' TOW/SPILL CONTROL BOAT W/ 200 HP MOTOR 121.50 HOURLY 22'x 8' SELF POWERED BARGE 81.00 HOURLY 19' TOOL SPILL BOAT W190HP 81.00 HOURLY 17' TOW/SPILL CONTROL BOAT W/40 HP MOTOR 67.60 HOURLY 14' TOW/SPILL CONTROL BOAT W/ 25 HP MOTOR 54.00 HOURLY 12' PUNTS 31.50 HOURLY 12' PUNTS W/ 5HP MOTOR 40.50 HOURLY GLOW STICKS FOR BOOM 5.40 EACH SPLASH ZONE 2-PART SEALER 148.50 PER GALLON 25 LBS ANCHORS W/ 15' CHAIN 13.50 DAILY 15 LBS ANCHORS W/ 10' CHAIN 9.00 DAILY 24" BOEYS 13.50 DAILY EMERGENCY RESPONSE TRAILER 425.70 DAILY ROPE MOP SKIMMER 142.20 HOURLY DRUM SKIMMER TDS-136 W/ POWER PACK 189.00 HOURLY SKIM-PAK SERIES 4000 W/ CONTROL SYSTEM 58.50 HOURLY SKIMMER TRAILER 189.00 DAILY ABSORBENT BOOM TRAILER 142.20 DAILY ATV (ALL TERRAIN VEHICLE) W/TRAILER 247.50 DAILY 8. MATERIALS 10 GALLON DOT DRUM, STEEL 45.00 EACH 15 GALLON DOT DRUM, POLY 45.00 EACH 16 GALLON DOT DRUM, STEEL 45.00 EACH 20 GALLON DOT DRUM, STEEL 47.70 EACH 30 GALLON DOT DRUM, POLY 47.70 EACH 30 GALLON DOT DRUM, STEEL 47.70 EACH 5 GALLON DOT DRUM 17.10 EACH 55 GALLON DOT DRUM, POLY 66.70 EACH 55 GALLON DOT DRUM, STEEL 55.80 EACH 85 GALLON DRUM, OVERPAK, STEEL 202.50 EACH 95 GALLON DRUM, OVERPAK, POLY 202.50 EACH ACID SPILFYTER NEUTRALIZER PER QT 18.00 EACH BASE SPILFYTER NEUTRALIZER PER QT 18.00 EACH BATTERIES, 6V 17.10 EACH BATTERIES, AA 18.90 PER BOX BATTERIES, AAA 18.90 PER BOX BATTERIES, C 28.80 PER CASE BATTERIES, D 28.80 PER CASE BATTERIES, LITHIUM 18.90 EACH BIO-SOLVE (HYDROCARBON ENCAPSULANT) 33.30 PER GALLON BLEACH 4.50 PER GALLON CAUTION / BARRICADE TAPE 23.40 PER ROLL + LONG BEACH i 2 C5E F 5 ® SAN DIEGO 925 West Esther Street Long Beach, CA 90813 OcEfinwWOLUE Ph: (562) 624-4120 ENVIRONMENTIlL SERVICES, INC. Fx: (562) 624-4127 ATTACHMENT 2: SPECIAL 2012 RATES FOR CITY OF SANTA ANA CHEMICAL POLY TOTES 157.50 EACH CHLOR-D-TECT Q4000 17,10 EACH CITRI-CLEAN, 55 GALLON 756.00 PER DRUM DIESEL FUEL (EQUIPMENT) 3.15 PER GALLON DRUM LABEL 0.90 EACH DRUM LINER 2.70 EACH DUCT TAPE 6.30 PER ROLL EAR PLUGS 200/BOX 94.50 PER BOX FACE SHIELD 11.70 EACH HAND CLEANER 7.20 CAN HEPA VACUUM FILTER PROTECTORS 18.90 EACH HEPA VACUUM REPLACEMENT BAGS 18.90 EACH OIL SORBENT POM POMS 52.20 PER BALE PH PAPER 17.10 PER BOX PLASTIC BAGS 67.50 PER BOX PLASTIC SHEETING 67.50 PER ROLL RAGS, 50 LB BOX 61.20 PER BOX ROPE 1/2 POLY, 100' ROLL 28.80 PER ROLL ROPE 518 POLY, 100' SPOOL 33.30 PER ROLL SAMPLE JARS -1QT 11.70 EACH SAND BAGS 3.60 EACH SHRINK WRAP 27.00 ROLL SIMPLE GREEN 11.70 PER GALLON SODA ASH 6.30 PER GALLON SORBENT BOOM W/ JELLING MATERIAL 378.00 PER BALE SORBENT BOOM, 8"x10" 49.50 EACH SORBENT PADS 18"x18"x1/4" (2001BALE) 81.00 PER BALE SUPERFINE, 25 LB BAG 17.55 PER BAG TRIWALL BOXES 142.20 EACH VERMICULITE 27.00 PER BAG TOOLS AND OTHER EQUIPMENT BIO-HAZARD "BLOOD" SPILL KIT 94.50 EACH BOAT HOOKS 3'-9' TELESCOPING 7.20 DAILY BOBCAT SWEEPER ATTACHMENT 135.00 DAILY BROOMS HAZ-MAT 9.90 DAILY CHAIN W/ BINDERS 11.70 DAILY CHEST WADERS 56.70 DAILY 14 PORTABLE GAS POWERED ABRASIVE SAW 135.00 DAILY COM-A-LONG - 4000 LBS 6.30 DAILY CONCRETE SAW 142.20 DAILY CONCRETE SAW BLADE 47.70 EACH CUTTING TORCH 136.80 DAILY DEMO TOOLS 71.10 DAILY DRUM SAMPLING ROD (GLASS) 7.20 EACH DRUM VACUUM - 55 GALLON 108.90 DAILY EXPLOSION-PROOF FLASH LIGHT 24.30 DAILY EXTENSION LADDER 11.70 DAILY EYEWASH STATION 28.80 DAILY 0 LONG BEACH 0 2 W *2 & 5 0 SAN DIEGO 0 925 West Esther Street n Long Beach, CA 90813 nPh: (562) 624-4120 ENVIRRNMENTIRL SERVICES, INC. Fx: (562) 624-4127 ATTACHMENT 2: SPECIAL 2012 RATES FOR CITY OF SANTA ANA FIRE PROTECTION SUIT (1500 DEGREE PROTECTION FACTOR) 202.50 DAILY FORK LIFT 174.60 DAILY GENERATOR, 10KV TRAILER MOUNTED 31.50 HOURLY GENERATOR, 5500 WATTS 112.50 DAILY HAND TOOLS 47.70 DAILY HAND WASHING STATION 45.00 DAILY HAZ-CAT KIT 18.90 PER TEST HEPAVACUUM (DRY) 142.20 DAILY HIP WADERS 47.70 DAILY HUDSON SPRAYER 18.90 DAILY JACK HAMMER 90 LBS 112.50 DAILY LIFE JACKETS 14.40 DAILY LIGHT STAND (2 BULBS) 33.30 DAILY LIGHT TOWER (4 BULBS) 270.00 DAILY MEALS ON SPILLS 7.20 EACH MERCURY VACUUM 472.50 DAILY NOWSPARKINO COLD CUTTER/ RIVET BUSTER 90.00 DAILY NON-SPARKING COLD CUTTER TIPS 27.00 EACH PER DIEM ALLOWANCE ON TRAVEL 99.00 DAILY PICKS "MINERS" 2.70 DAILY PLUG & DIKE,1 LB CAN 23.40 EACH POLY SIPHON (POGO) PUMP 18.00 EACH PORTABLE RESTROOM W/SINK 142.20 DAILY PROFILING FEE (PER WASTE STREAM) 71.10 EACH RADIO 2-WAY, INTRINSICALLY SAFE 37.80 DAILY RAKES 4.50 DAILY SAMPLE COOLER 14.40 DAILY SAWZALL 75.60 DAILY SCAFFOLDING - PORTABLE (2 1/2'x V x 6) 37.80 DAILY SCAFFOLDING - TOWERS (5'x V x 10') 73.80 DAILY SHOVELS/HAZ-MAT 9.90 DAILY SKIL SAW 33.30 DAILY STEEL SPIKES, 36" 5.40 DAILY TRUCK RAMPS (30,000 LBS) 270.00 DAILY VAPOR TIGHT DROP LIGHTS 142.20 DAILY VENTILATION FAN 108.90 DAILY WATER METER 236.70 DAILY WATER TANK TRAILER W/ PUMP 319.50 DAILY 10. PERSONAL PROTECTIVE EQUIPMENT (PPEI LEVEL "X- FULLY ENCAPSULATED GAS-TIGHT SUIT WITH SCBA 450.00 PER SET LEVEL "B" - POLY-TYVEK THROUGH FULLY ENCAPSU- LATED SUIT, BUT NOT GAS TIGHT WJSCBA 142.20 PER SET LEVEL "C" - TYVEK THROUGH SARANEX SUIT W1 AIR PURIFYING RESPIRATOR 61.20 PER SET LEVEL "D" - TYVEK, POLY-TYVEK, COVERALL OR RAINGEAR SUIT WITH GLOVES, BOOTS, HARDHAT AND SAFETY GLASSES 28.80 PER SET LONG BEACH + 2 96 5 i SAN DIEGO + ATTACHMENT 3 DESIGNATION OF SUBCONTRACTORS FORM PART I - LIST OF KEY PERSONNEL Names Bilt Piekkola Functions Pro'ect Mana er Moonho Lee Contract Administrator / C.F.O. Ron Dare Ed Lon Project Manager / President Project Manager PART it - LIST OF SUBCONTRACTOR/SUBCONTRACTORS Subcontractor Name/Address Function National Plant Services Storm drain video inspection. Page 19 of 34 25E-27 25E-28 A-2012-105 INSURANCE NOT ON FILE WORK MAY ENDI PROCEED OLERKOF1 CONTRACTOR AGREEMENT OUiCII Z. DrTAIS AGREEMENT, made and entered into this 4th day of June, 2012 by and between United Storm Water, Inc., a California corporation (hereinafter referred to as "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 (hereinafter "City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of spill response and storm drain facility cleaning services. B. Contractor represents that it is able and willing to provide such services for the City of Santa Ana. 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 contractor 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: 1. SCOPE OF SERVICES Contractor shall provide services, as set forth in the Scope of Work and Contractor's Proposal, attached hereto as Exhibits A and A-l, respectively, and incorporated by reference. 2. DELIVERY OF WORK PRODUCT - OWNERSHIP Contractor warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Contractor's contribution to the Project, including works to be produced by Contractor hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Contractor shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the City's Project Manager and Contractor. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Contractor, Contractor agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Contractor, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Schedule, attached hereto as Exhibit B, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $250,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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. 4. TERM EXHIBIT 2 25E-29 This Agreement shall commence on July 1, 2012 and terminate on June 3.0, 2013, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for up to four additional one-year terms, at the option of the Executive Director of Public Work. 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. 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 which 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers 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 $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 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 employer's liability insurance with limits not less than $1,000,000 per accident. d. 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 in form by the City Attorney. (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. e. 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 effect 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. 7. INDEMNIFICATION 2 25E-30 Contractor agrees to 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 direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their 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 indemnify, 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. 8. 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. 9. 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 specified under this Agreement. 10. 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 facsimile 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: Public Works - Design Engineering City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 3 25E-31 and Santa Ana, California 92702 Fax 714-647-5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Contractor: United Storm Water, Inc. 1400 E. Valley View Blvd City of Industry, CA 91746 Fax 626-961-3166 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 facsimile, 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. 11. 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. In 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 addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor 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 are not embodied herein. 12. 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 consultants retained by City. 13. 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 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. However, any use of unfinished work product shall be at City's sole risk. 4 25E-32 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. 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. 15. 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. 16. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City filly, including reasonable costs and attorney's fees, 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. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Signatures on foiiowingpage 25E-33 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: A"!Yy'71- `7'1 : 4y Maria D. Huizar. Clerk of the Council APPROVED AS TO FORM: aura Sheerly Assistant City Attorney C E ?D FO APPROVAL: Ra odinez, II Executive Director - VA CITY OF SANTA ANA PAUL WALTERS City Manager UNITED STORM WATER, INC. . a-,i- & A EDUARDO PE President 6 25E-34 Exhibit A SCOPE OF WORK Spill Response Under the direction of the City, the Contractor shall work to recover any discharge as defined in Santa Ana Municipal Code, Article IV: Water Pollution, and prevent progression into the public storm dram system and/or receiving waters. Contractor shall be capable of performing the following tasks: a. Deploy containment at various points along the projected travel path of the discharge and protect near-by storm drain facilities from contamination. The City shall provide a description of the site and discharge to the best of its ability during the initial request. The contractor shall respond within 1 hour of initial request. b. Deploy all necessary personnel, equipment and materials to recover the discharge. c. Conduct confined space entry and video camera inspection of storm drain facilities. d. Perform steam/pressure washing of the contaminated area, including storm drain facilities to the satisfaction of the City. e. Take discharge water samples for lab analysis and provide results to the City f. Provide routine pick-ups of contained pollutants throughout the City. g. Manifest the waste lawfully and efficiently to the satisfaction of the California Department of Toxic Substances Control (DISC), the United States Department of Transportation, The Environmental Protection Agency and the EPA-permitted disposal facilities receiving the waste. h. Provide temporary storage, transport and proper legal disposal of recovered discharge. i. Provide an incident report with before and after pictures within 1 week of performing the work required pursuant to this contract and an annual report of all incidents within 2 weeks after the end of the City's fiscal year. The City shall provide sample formats for each report. j. Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this contract. The Contractor must obtain written approval prior to commencing any Additional Work. k. Adhere to all the requirements of the City's NPDES Permit while performing the work required pursuant to this contract. Storm Drain Facility Cleaning Under the direction of the City, the Contractor shall inspect and clean storm drain facilities within the City. Contractor shall be capable of performing the following tasks: a. Perform thorough inspection of all Catch Basins throughout the City and provide an inspection schedule within 7 days of Notice to Proceed. Remove the existing manhole cover and reinstall and fasten the manhole cover whenever unattended. The replacement of missing or damaged screws or bolts shall be at no additional cost and should be noted on the Inspection Report. During Storm Season, Perform thorough inspection of all Catch Basin with Inserts throughout the City within first 7 days of each Storm Season month. b. During each inspection, remove all trash and debris found in front of curb opening or on ARS Insert and all vegetation growing across and/or blocking the opening. 7 25E-35 c. Provide a completed Inspection Report that describes the physical condition of each Catch Basin including but not limited to: 1. Date of Inspection 2. Location (Northing/Easting) 3. Dimensions 4. Identification Number 5. Insert Type 6. Exterior Damage (Face Plate, Protection Bar, Manhole) 7. Stencil 8. Interior Damage 9. Volume of Trash and Debris (Percentage of Total Capacity) 10. Potential Blockages 11. Vegetation Growing The City reserves the right to add fields to the Inspection Report. The City shall provide sample formats for each report. d. Lock (Open) all ARS Inserts prior to Storm Season and unlock (Close) all ARS Inserts prior to Dry Season. Make necessary mechanical adjustments to ensure the functionality of all ARS Inserts. e. Deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from storm drain facilities within 7 days of City's request. During Storm Season, deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from Catch Basins with Inserts when they are filled to 40 percent capacity within 7 days of the inspection. Upon completion of cleanout operation and prior to leaving, sweep/clean the top surface and remove all resulting trash and debris within an area of at least 2 feet. No trash and debris is to be left for future pick-up. f. Provide temporary storage, transport and proper legal disposal of recovered trash and debris. Stencil the "No Dumping, This Drains to Ocean" logo on the top slab of each Catch Basin if it is not already present or if mark is faded. h. Report illicit connection or discharge not related to this Contract. i. Provide an Annual Report of all inspections and cleaning operations within 2 weeks after the end of the City's fiscal year. The Annual Report shall incorporate all Inspection Reports. The City reserves the right to add fields to the Annual Report. The City shall provide sample formats for each report. Provide electronic GIS based map (and supporting files) and photography documentation in support of the Inspection Reports and Annual Reports. Supporting program and application formats will be provided by the City. j. Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this contract. The Contractor must obtain City's written approval prior to commencing any Additional Work. k. Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. 25E-36 EXHIBIT A-1 CONTRACTOR'S PROPOSAL 25E-37 s COPY INVITATION FOR BIDS SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING City of Santa Ana Public Works Department 20 Civic Center Plaza M-36 Santa Ana, California 92701 Submitted by UNITED STORM WATER INC. 14000 E. Valley Blvd. City of Industry, CA 91746 Ramon Menjivar Senior Project Manager 6261961-9326 Office 6261961-3166 Fax 6261890-7104 Cell ramonm(@unitedstormwater.com Due Date: May 3, 2012 @ 4:00 pm 25E-38 Labor Hour Allocation United Storm Water's labor and equipment resources are on a 4 hour minimum and hourly portal to portal from 6 am to 5 pm regular time and overtime anything after 8 hours. Double time applies after 12 hours United,Storm Water is a 24-hour service provider with all of the experience, staff, equipment, permits, and licenses In place for beginning the work required by this 1FB immediately. Over the years we have designed and built our own custom equipment for handling the dynamic needs of customers and unique projects. United owns and operates a wide variety of specialized equipment required for storm drain cleaning, structural BMP maintenance and installation, and related traffic control, including yet not limited to the following: 8 Residential Industrial Vactrons 800 gal capacity, wet and dry vacuum, 700 psi pressure 111. 8 Roll-Off Trucks 3-axle, 80000 lb gross vehicle weight, transport up to (2) 40- yd bins 11 Roll-Off Trailers Hydraulic winch for loadinglunloading 700 Roll-Off & Dewatering Bins 10 cu yd and 20 cu yd capacity, rolling door covers 26 Stakebed Trucks Heavy duty with liftgates 10 Pickup Trucks tight and heavy duty 27 Air Monitors Test for oxygen deficiency/enrichment, flammable gases, hydrogen sulfide, and carbon monoxide 12 Tripods 6 to 9 feet high, adjustable 16 Hoist Lifts 50-feet of lifting cable 25E-39 l 22 Air Blowers 8" inlet and outlet, 110 volts 15 Electric Hammer Drills Milwaukee and Hilti, rechargeable 24 Electric Nut Setters/Drivers Hilti, rechargeable 15 Electric Handle Grinders Milwaukee 15 Generators Honda ES-3600 8 Mobile Welding Machines Miller wire welder 12 Arrow Boards Trailer mounted with generators 3000 Traffic Cones Reflective tape, Caltrans approved 250 Delineators Caltrans approved 150 Barricades Caltrans approved warning rights types A, B, and C 200 Signs Construction, safety, and directional signs multiple Other Specialized Equipment NIA multiple 24-Hour Access to any Rental Equipment in the Market Place N/A 25E-40 { Project Manager and other key personnel. Ramon Menjivar (Senior Project Manager) City of Industry, California 43 years with firm Ramon Menjivar, Senior Project Manager for United Storm Water will have full responsibility for the Contract and will coordinate with the City and all other project team members in order to fulfill service requests. Mr. Menjivar's involvement in the management of this project will be key to its success and he will be on-call 24-hours, Backup Project Manager Remberto Dominguez City of Industry, California 4 years with firm Remberto Dominguez will provide assistance to the Project Manager as required for the execution and management of this project if needed. 25E-41 Field Supervisor & Quality Control Inspector ?? - City of Industry, California 6 years with firm Jose Ponce, Field Supervisor for United Storm Water, will report directly to Ramon Menjivar, will aid in coordinating all field crews in order to fulfill service requests, will monitor compliance with the quality assurance program, and will deal with customer complaints and inquiries. Safety Officer City of Industry, CA 7 years Katie Perry Safety Officer for United Storm Water will be called on for this project when needed for developing Site Health and Safety Plans. Ms. Perry will address the protocol that is followed by United's employees and subcontracted service staff to ensure a healthy and safe work environment including: Conducting and enforcing a company safety program 9 Instructing 40-hour HAZWOPER training and 8-hour refresher courses, confined ' space entry training, environmental compliance training, PPE training, hazardous material response training, and other assigned training sessions • Developing Site Health and Safety Plans Conducting field safety inspections Tracking employee accident and health exposures • Maintaining permits with regulatory agencies • Preparing for compliance audits 25E-42 Hazmat Emergency Responder City of Industry, California 8 years Eduardo Perry III is United's Primary Hazmat Emergency Responder and are on-call 24- hours for dispatch and response to emergency spills involving hazardous matedalslwastes. Mr. Perry is responsible for training field personnel in a classroom setting, and also supervises and manages crews during spill incidents. He will be called on for this project (if requested by the County) in the event that any type of hazardous spill response may be required. His training for this position includes: • Incident Commander Training • Hazardous Materials Technician Training • Certified Advanced Tank Car Specialist • 40-Hour HAZWOPER Training • SCBA Certified • Confined Space Entry Training • Confined Space Rescue Training • DOT HM-126F, HM-180 & HM-181 • Bloodborne Pathogens Training • CPR & First Aid Training Traffic Control Training Per Caltrans Chapter 8 Standards • Certified Air Monitor Calibration & Repair Technician 25E-43 Adminisfrafive Personnel City of Industry, California United's administrative personnel have firsthand experience with developing and maintaining databases required for storm water related projects using MSExcel, MSAccess, and Wro}ect software. They efficiently and accurately perform data entry and prepare reports for all of the contracts that are managed by our firm, 25E-44 Organizational Chart Eugene Hemandez Manufacturing Manager - Eduardo Perry Jr. President Ramon Menjivar Senior Project Manager Katie Perry Eduardo Perry III Safety Officer Hasmat Emergency Responder Clerical= Administration ProjeeE Managers Lydia Perry Chris-Angniano Tery Flury Remberto Dominguez Field Technicians Key personnel will be available for the duration of this project. If any changes arise the city will be informed In writing by the contractor. 25E-45 Work Plan Approach to completing task United has vast experience in deploying personnel and equipment within one hour response and understands how crucial it is to respond in a timely manner. United has over 64 technicians, 10 supervisors along with 12 vacuum trucks, I I vactor trucks, roll offs and end dumps that will be available if needed. Our personnel will quickly respond to various points and try to locate the source of any spill or discharge into the storm drain system and will try to isolate from entering into waterways. United Storm Water is comprised of a team of dedicated individuals who are highly experienced in storm drain maintenance, fabrication and installation of catch basin inserts, ARS units, CPS units, and working with government entities. Many of our employees have worked with our firm for over 10 years and along and will successfully plan, manage, and deliver professional, reliable, and innovative services for this project. United will provide all labor, equipment, materials necessary to perform both scheduled and as- needed inspection or cleaning of catch basins inserts according to IPB. United has capability of making any necessary repairs to the ARS or CPS units in place. United will also respond to any emergency calls. All catch basins are inspected monthly during the storm season and cleaned as needed. Catch Basins are inspected after each major storm event and cleaned as needed.The work will also include as-needed 'No Dumping' stenciling and the unlocking and locking of automatic retractable screen covers before and after the rain season. The work will be performed on all city own catch basins and be able to responding within one hour in case of an emergency as described in the scope of work of the IFB. An additional inserted catch basins may be added to this Contract at the sole discretion of the City. 25E-46 i United service staff performs storm drain cleaning and maintenance services on a daily basis. Additionally, United's service staff has successfully installed thousands of BMPs yearly for various private and government entities throughout California. All service staff to be used for this project has received in-class and in-the-field training regarding the environmental regulations that govem our industry and are trained and medically monitored in accordance with O.S.H.A. Title 29 CFR 1910.120 to conduct tasks involving storm drain maintenance and the handling of or exposure to hazardous materials, substances, or waste including: • 40-Hour HAZWOPER Training & 8-Hour Annual Refresher Courses • Traffic Control Training Per Caltrans Chapter 8 Standards • Confined Space Entry Training • Confined Space Rescue Training • DOT HM-1261=, HM-184 & HM-181 • Bloodbome Pathogens Training • Medical Surveillance Program • O.M.V. & D.O.T. Drug & Driving Record Programs • CPR & First Aid Training 1_iveScan (Required by Transportation Security Administration) t 25E-47 An outline of activities for compietina Contract Objectives are the following: 1. Submit W-9 f=orm Administrative Personnel 2. Submit Insurance Requirements Administrative Personnel 3. Attend Contract Kick-Off Meeting Key Staff Members 4. Obtain Storm Drain Maps from City Project Manager, Ramon Menjivar 5. Submit Inspection Schedule for all Catch Basins and Inserts to Public Works Representative Project Manager, Ramon Menjivar 6. Submit Procedure for Receiving and Responding to Complaints to Public Works Representative Backup Project Manager, Remberto Dominguez 7. Perform Project Planning Key Staff Members 8. Develop Database Backup Project Manager, Remberto Dominguez 9. Train Administrative Personnel Backup Project Manager, Remberto Dominguez 10. Obtain Permits (Construction, Encroachment) Backup Project Manager, Remberto Dominguez 11. Conduct Field Tailgate Meetingfrraining Project Manager, Ramon Menjivar 25E-48 12. InspectfClean/Lock/Unlock Inserts and Emergency Response Service Staff 11 Enter Data Into Database Administrative Personnel 14. Procure/Manufacture RepaidReplacement Inserts Manufacturing Personnel 15. Perform Quality Assurance of Products Manufacturing Manager, Eugene Hernandez 16. Meet With Public Works Representative Regarding Installation Schedule/Service Zones Project Manager, Ramon Menjivar 17. Repair/Replace Inserts (if needed) Service Staff 18, Enter Data Into Database Administrative Personnel 19. Provide Reports and GPS Based Photographic Documentation to Public Works Representative Project Manager, Ramon Menjivar 20. Obtqin Inspector Buy-Off of Services Performed Project Manager, Ramon Menjivar 21. Submit Invoicing Project Manager, Ramon Menjivar Project Schedule Within 7 days of contract award United will submit W-9 form and insurance requirements to the Public Works Representative. Project planning will begin after attending the Contract kick-off meeting, obtaining maps, and obtaining further clarification of the scope of work and discussion of how United will be required to coordinate with the Pubic Works Representative. Within 7 days of notice to proceed United will submit an inspection schedule to the Public Works Representative for 25E-49 approval. Thereafter, United's Backup Project Manager will coordinate with the Project Manager to develop a database per the requirements of the IFB and Administrative Personnel Mil be trained. Methods to Ensure Quallty Control United will keep in contact with the City of Santa Ana public works representat'nte in regard to their needs or emergencies and will only deploy the necessary equipment Through past experience United has found out that keeping good communication with the public works representatives or city staff is crucial in emergency situations to try to deploy emergency response, equipment and personnel as has done so in the past for some of our customers such as Union Pacific Rail Road, Department of Transportation, Metroli6k and others. Jose Ponce, Field Supervisor and Quality Control Inspector for United Storm Water, will report directly to the Project Manager, will aid in coordinating all field crews in order to fulfill service requests, will monitor compliance with the quality assurance program, and will.deal with customer complaints and inquires. All key personnel shall be assigned to this project for the duration of the. Contract and will diligently pursue all work and services to meet the project time tines. United's Project Manager will provide the Public Works Representative with a log of daily activitles/progress reports that will include the ongoing status of work, significant accomplishments, problems encountered and anticipated with potential solutions, and work planned for the next required service. Upon completion of each round of service the Project Manager will request City Inspector buy-off of services. When services have been approved United's Project Manager will meet with the Public Works Representative for final submittal review of inspection report, disposal invoices (including weight tickets and manifests), and invoicing wilt be submitted. Public Works will reimburse all dumping fees. Compensation for as-needed repair/replacement parts for ARS/CPS units will be based on actual cost. 25E-50 Arolllems that may arise during contract United understands all the requirements on this RFP and is aware that there will be data base information as well as pictures for the work performed to meet the cities requirement. Has the city looked into how all this information would be provided to the city? United will suggest the database to be provided on external hard drives or on our website server. Innovations to scone of work Innovations to the scope of work United would. like to offer our services for repair or replacement to any of the existing AIRS or CPS devices that might become in need of service. 25E-51 License Requirements United Storm Water is a general engineering contractor with the proper licenses, perniits, qualifications, and approvals to perform the scope of work required for this project as well as extra services that may be contracted separately for corrective actions such as hazardous substance removal, remedial actions, and demolition. Date Incorporated: 1999 o Federal Tax ID Number: 95-4742126 • California Contractor's Board License Number. 768583 o A- General Engineering o HAZ -Hazardous Substance Removal and Remedial Actions Contractor o C21- Building Moving/Demolition Contractor o C27 -Landscaping Contractor o C31- Construction Zone Traffic Control Contractor o C42 - Sanitation System Contractor • Hazardous Waste Transporter Registration Number: 4034 • EPA Identification Number: CAR000064931 • United States DOT Number: 1637075 • US DOT Hazardous Materials Certificate of Registration Number: 06011055201 • California Highway Patrol - Hazardous Materials Transportation License Control Number: '132487 • California Department of Motor Vehicles Motor Carrier Permit Number: 0203159 • SCAQMD Rule 1166 Contaminated Soil Mitigation Plan Company Number: 526397 • OSHA Trench and/or Excavation Permit Number: 2012-906094 25E-52 EXHIBIT B FEE SCHEDULE 10 25E-53 14000 E. Valley Blvd City of Industry, CA 91746 City of Santa Ana RATE SCHEDULE 2012 Rate Schedule 25E-54 TABLE OF CONTENTS Page No. What do we do? 2-3 Licenses/Permits 4 Transportation Equipment Listing 5 Additional Equipment Listings 6 Traffic Control Equipment Listing 7 RATES Operated Equipment 8-9 Traffic Control Equipment 9 Emergency Response Units 10 Loading/Excavating Equipment 10 Un-operated Equipment 11-12 Personnel 13 Unoperated Cleaning Equipment 14 Unoperated Safety Equipment 15 Rental Equipment 16 Disposal Charges 16 Consumables 17-19 Lab Charges 19 Outside Service Charges 19 Special Notes 19 25E-55 TYPES OF MATERIALS WHICH UNITED IS QUALIFED AND WILLING UPON REQUEST TO HANDLE: United Pumping Service, Inc. is licensed to remove and transport most categories of hazardous materials, excluding radioactive materials, explosives, and pressurized oxidizing gases such as Fluorine, Chlorine, as well as Anhydrous Ammonia. UNTI'ED'S CAPABILITY AND EXPERIENCE IN THE HANDLING OF HAZARDOUS MATERIALS: United Pumping Service, Inc., possesses over thirty years experience in the handling of hazardous materials on an every day basis. We have performed under contract for the State of California Department of Transportation for eighteen years. Our entire spill crew is trained in procedures relating to the safe handling of hazardous materials, and has been trained, medically monitored, certified in respiratory protection, confined space entry, and CPR. United Pumping Service, Inc., owns substantial equipment commonly used in performing emergency spill cleanups. This includes a complete range of vacuum trucks, roll-off trucks, loaders, washing equipment, safety equipment and so on. GOVERNMENTAL PERMITS/LICENSES POSSESSED BY UNITED RELEVANT TO HANDLING AND DISPOSAL OF HAZARDOUS MATERIALS. See Attachment A (Page 4) TYPES OF EQUIPMENT OWNED BY UNITED: See Attachment B (Pages 5-7) UNITED HAS ANALYTICAL FACILITES FOR ON-SITE ]IDENTIFICATION OF SUBSTANCE: United Pumping Service, Inc., has the capability to determine ignitability, corrosiveness, certain reactability parameters, etc., on site; by way of Hazcat (TA test method. We also have analytical chemists available as they may be needed. 25E-56 LABORATORY CAPABILITIES: Extensive and elaborated analysis is available with several prominent EPA and CAL-EPA approved commercial laboratories. DISPOSAL CHARGES: Disposal fees are billed to the customer at cost plus 15% Service Charge. CHARGES: All charges are computed on a portal to portal basis from our City of Industry Terminal. A four hour minimum applies to all equipment and personnel called out. HOLIDAYS: On the following holidays, there will be an additional charge of $50.00 per man hour. New Year's Day President's Day Memorial Day Fourth of July Good Friday Veteran's Day 4 Labor Day Thanksgiving Day Day after Thanksgiving December 24`h Christmas 25E-57 ATTACHMENT A STATE REGULATIONS: United Pumping Service, Inc. is in full compliance with A.B. 718 registration of liquid waste carried with the State Water Resources Board and the State Department of Health Hazardous Waste Regulation. Hazardous Waste Hauler Number: 0063 Installation EPA Identification Number: CAD072953771 General Engineering Contractor - Class A License No 617639 Hazardous Substance Removal and Remedial Actions Certification - License No. 617639 Demolition Contractor - License No. 617639 Traffic Control Contractor - License No. 617639 SCAQMD Rule 1166 Contaminated Soil Mitigation Plan Company ID 96369 OSHA Trench and/or Excavation Permit - No. 556404 Contractor State License Asbestos Certification - License No. 617639 25E-58 ATTACHMENT B Available Transportation Equipment All Radio Dispatched 13 each 120 Barrel Stainless Steel Vacuum Tankers 2 each 60 Barrel Stainless Steel Vacuum Tankers 2 each 50 Barrel Stainless Steel Vacuum Tankers 2 each 120 Barrel Stainless Steel Vacuum Tankers (Fiberglass Lined) 1 each 60 Barrel Stainless Steel Vacuum Tankers (Kesite Lined) 1 each 142 Barrel Stainless Steel 3-Compartment Tanker 6 each 48' Enclosed Vans (drum hauling) 3 each 48' Drop Deck Trailers 9 each Vactor, Industrial Vacuum Trucks, WeUDry, 4500-7500 C.F.M. 3 each Vactor and Jetter Combos, Wet only 9 each Vactron Trucks 9 each Semi-End Dumps Demo Dumps (swinging back door) 11 each Roll-Off Truck & Trailers 7 each Emergency Response Utility Trucks with Lift Gate 24 each Stakebed Trucks with Liftgate Hydraulic Hoists, and Arrow Boards 16 each Pick-Up Trucks 1 each Bio Trailer 6 25E-59 ADDITIONAL EQUIPMENT 500 each Roll-Off Bins in Different Configurations, and sizes including lined de-watering roll-off bins 20 each Portable Liquid Storage Tanks 2,000 to 10,000 gallons 12 each Various Washing Equipment, Pressure Washers; 3,000 PSI 3 each Hydrotech High Pressure Heated Wash Unit 8 each Generators (10-K and 6.5 K) 8 each Air Compressors 160-180 CFM 2 each Plasma Cutter 5 each Acetylene Units 8 each Forklifts (4,000 lbs thru 12,000 lbs) 1 each Kabota 4 WD Tractor Front End Loader and Accessories I each 950B Cat Loader with enclosed cab 1 each 446 Cat Backhoe (including breaker & compactor attachments) Buckets available - 36" smooth, 21" & 15" with teeth 2 each 853 Bobcat-Loader (including breaker, sweeper & grappler attachments) I each John Deere 555 Crawler Loader with 4 in 1 Bucket I each Minnie Excavator Open Quantity Safety Gear (Cascade Breathing Air Systems SCBA's, Protective Clothing, P.P.E.) 2 each Drum Crushers 10 each Wilden M-8 Pump to M-15 Pumps 6 each Jetter Unit (Towable) / 4000 PSI Pressure Washer 4 each Six (6) Person Air Purification Panels United has 24 hour access to any rental equipment in the market place. 7 25E-60 TRAFFIC CONTROL EQUIPMENT 12 each Flood Lights with Generators 12 each Arrow Boards, Trailer Mounted with Generators 3000 each Reflective Traffic Cones, CalTrans Approved 250 each Delineators, CalTrans Approved 100 each Reflective Personnel Safety Vests 150 each Barricades with CalTrans Approved Warning Lights Type A, B, & C 200 each Associated Construction, Safety, Directional Signs 48"x48" and 30 with Changeable Lettering Features 2 each Pick -ups with Lap top Computer Controlled Changeable Message Signs 11 each Stakebed with Truck Mounted Crash Cushions (TMCCJ) aka Attenuater or Shadow Trucks All United personnel are in constant contact with company dispatch utilizing hand held radios/cell phones. 8 25E-61 HOURLY RATES FOR OPERATED EQUIPMENT - INCLUDES OPERATOR ITEM EQUIPMENT STRAIGHT TIME *OVERTIME "HOLIDAY NO. *101 Vacuum Truck, 50 BBLS Mild Steel $ 75.00 $ 95.00 $125.00 *102 Vacuum Truck, 50 BBLS Stainless Steel $ 80.00 $ 100.00 $130.00 *103 Vacuum Truck, 120 BBLS Mild Steel $ 78.00 $ 98.00 $128.00 *104 Vacuum Truck, 120 BBLS Stainless Steel $ 85.00 $105.00 $135.00 *105 Vacuum Truck, 60 BBLS Kesite Lined $ 103.00 $123.00 $153.00 *114 Vacuum Truck, 120 BBLS Fiberglass Lined $ 110.00 $130.00 $160.00 *107 Vacuum Truck, 142 BBLS 3-Compartment Stainless Steel $115.00 $135.00 $165.00 119 Water Truck $ 66.00 $ 86.00 $116.00 *108 45' Enclosed Van $ 78.00 $ 98.00 $128.00 *109 48' Drop Deck $ 78.00 $ 98.00 $128.00 *110 End Dump Truck $ 85.00 $105.00 $135.00 131 Dump Truck 2-Axle $ 75.00 $ 95.00 $125.00 111 Roll-off Truck $ 78.00 $ 98.00 $128.00 112 Roll-off Truck and Trailer (Tandem) $ 85.00 $ 105.00 $135.00 *115 Vactor/Guzzler-Heavy Industrial Vacuum $140.00 $160.00 $190.00 161 Vactor/Guzzler-High Rail $165.00 $185.00 $215.00 *117 Combination Vactor/Jetter Truck $155.00 $175.00 $205.00 * 124 Vactron $ 82.00 $ 102.00 $132.00 492 Rodder Truck $105.00 $125.00 $155.00 Truck Tractor for Spill Response-Trailer mobilization and Demobilization $70.00 $ 90.00 $120.00 495 Mini-Me $78.00 $ 98.00 $128.00 9 25E-62 HOURLY RATES FOR OPERATED EQUIPMENT - INCLUDES OPERATOR ITEM EQUIPMENT STRAIGHT TIME *OVERTIME **HOLIDAY NO. 116 John Deere 555 Crawler Loader/Backhoe/Cat 950 Loader transport $ 105.00 $125.00 $155.00 ** IMPORTANT: SEE NOTES ON NEXT PAGE HOURLY RATES FOR OPERATED EQUIPMENT - INCLUDES OPERATOR ITEM EQUIPMENT STRAIGHT TIME *OVERTIME **HOLIDAY NO. NOTES: Prevailing Wage Surcharge $ 35.00/hr. When Prevailing Wage Rates or Davis Bacon Wage Rates Apply: There will be an additional charge of $30.00 per hour for all personnel and/or operated equipment. *Overnight demurrage on vacuum trucks, end dumps, drop deck, and dry vans $250.00/day 717 Fuel Surcharge/Insurance 20% of Trucking Charges Overtime: Overtime applies to vehicles listed above during any period worked in excess of 8 hours per day Monday through Friday and from Friday Midnight through Sunday Midnight Holidays are listed on Page 3 All charges are computed on a portal to portal basis from our City of Industry Terminal. A four hour minimum applies to all equipment and personnel called out. Traffic Control Equipment A. Operated 125 Cushion Truck $100.00 $116.00 $150.00 126 C.M.S. Truck $100.00 $116.00 5150.00 (changeable Message Sign) B. Unoperated 127 Arrow Board $ 60.00/day 128 Traffic Cones $ .60/day/ea. 129 Traffic Signs $ 3.50/day/ea. 10 25E-63 HOURLY RATES FOR UNOPERATED EQUIPMENT - OPERATOR BILLED SEPARATELY ITEM EQUIPMENT RATES NO. PERSONNEL/EMERGENCY RESPONSE UNITS 152 Pick-up Truck $ 20.00/hr 153 Utility Truck (E.R.) $ 40.00/hr 154 Company Auto $ 15.00/hr 155 Stakebed Truck W/Liftgate $ 30.00/hr. Stakebed Truck W/Liftgate (50 Mile Radius) LTL p/u $200.00/day Out of mile @ 41.35 per mile 157 Biowaste Trailer $185.00/day 120 50' Incident Response Trailer $ 900.00/day 36' Incident Command Center Trailer $ 800.00/day LOADINGIEXCAVATING EQUIPMENT 200 John Deere 555 Crawler/Loader $ 60.00/hr 201 950 B Loader $110.00/hr 202 446 Backhoe $ 60.001hr 203 Backhoe Breaker or Compactor Attachment $285.00/dy/ea. 197 Excavator (Cat 330) $140.00/hr. 268 Mini Excavator $ 55.00/hr. 204 Bobcat Loader with Trailer $ 45.00/hr 205 Bobcat Loader Auger Attachment $ 100.00/day 206 Bobcat Loader Sweeper Attachment $ 100.00/day 207 Bobcat Loader Backhoe Attachment $ 130.00/day 198 Bobcat Loader Grappler Attachment $ 100.00/day 208 Bobcat Loader Breaker Attachment $ 160.00/day 269 Mini Bobcat w/ trailer $ 35.00/hr. 270 Mini Bobcat Trencher Attachment $ 90.00/day 271 Mini Bobcat Auger Attachment $ 90.00/day 211 Shovel, push broom, squeegie, or scraper $ 5.00/day 225 Wheel Barrow $ 15.00/day 11 25E-64 CORING/SAMPLING EQUIPMENT 264 Concrete Coring Machine (6" max. dia.) $150.00/day 265 Hand Auger Kit (excluding brass sleeves) $ 150.00/day 266 Brass Sample Sleeve $ 5.00/ea. ITEM UNOPERATED RATES NO. EQUIPMENT 213 Forklift (4000 thru 6000 lbs. capacity) with trailer $ 220.00/day 217 110-150 CFM Air Compressor $175.00/day 255 9.2 CFM Air Compressor $ 100.00/day 218 Extension Ladder 28' $ 34.00/day 219 Folding ladder 32' $ 40.00/day 220 Folding Ladder 8' $ 20.00/day 256 Plasma Cutter $ 175.00/day 221 Cutting Torch $ 100.00/day 222 Chain Saw (16') $ 100.00/day 223 Portable Sandblaster $237.00/day 226 Misc. (ropes, buckets, wrenches) $ 50.00/day 228 Concrete Saw (includes 1-blade) $250.00/day Concrete Saw additional blade $ 60.00/ea 267 Gas Cut Off Saw $ 90.00/day 229 Hydraulic Drum Turner $ 100.00/day 12 25E-65 ITEM UNOPERATED RATES NO EQUIPMENT 230 Gasoline Soil Tamper $110.00/day 231 Jack Hammer (electric) $ 90.00/day 232 Jack Hammer (air activated) $ 70.00/day 233 Rivet Buster/Chipper including 1 bit $ 60.00/day 234 Rivet Buster/Chipper Extra Bits $ 15.00/ea 235 Rotary Hammer $ 50.00/day 240 Hazcat Test $ 55.00/test 241 Hazcat Kit $175.001day 236 Roll-About Tool Box (includes assorted tools) $250.00/day 237 Sawsall/Skill Saw $ 25.00/day Sawsall/Skill Saw Extra Blade $ 7.00/ea 210 10 K Generator $ 100.00/day 243 3.6 K Generator $ 75.00/day 245 3 Inch Trash Pump $ 76.00/day 246 Wilden M Series Diaphram Pump $ 85.00/day 248 1 '/2" Submersible Pump $ 50.00/day 842 Disposable Hand Pump $ 25.00/each 260 Bypass Plug 1 ''/z"-4" $ 110.00/week 261 Bypass Plug 4 '/z"-12" $ 140.00/week 262 Bypass Plug 13"-24" $ 300.00/week 263 Bypass Plug 25"-40" $ 530.00/week 250 Auxilary Lighting - Excluding Power Source $ 75.00/day/ea 251 Portable Light Plant $150.00/day 252 Portable Truck Scales $250.00/day 257 Fire Hose 50'x2 ''/z" $ 25.00/day 258 Discharge Hose 25'x3" $ 10.00/day 13 25E-66 PERSONNEL HOURLY RATES ITEM *STRAIGHT **OVER ***DOUBLE NO. STAFF POSITION TIME TIME TIME 300 Environmental Safety Coordinator $ 85.00 $ 100.00 $ 115.00 301 Supervisor $ 40.00 $ 52.00 $ 64.00 3011 Equipment Manager $ 40.00 $ 55.00 $ 65.00 302 Technician $ 35.00 $ 47.00 $ 59.00 303 Analytical Chemist $ 105.00 $ 120.00 $135.00 304 Administrative Clerk $ 38.00 $ 53.00 $ 68.00 305 Industrial Hygienist $ 140.00 $160.00 $175.00 306 Project Manager $ 75.00 $90.00 $ 105.00 307 Lead Technician $ 37.00 $ 52.00 $ 62.00 520A Osha Required Confined Space Rescue Trained "Specialist" $ 95.00 $110.00 $125.00 520 Confined Space Gear $275.00/per day per crew *Straight Time is defined as the first 8 hrs. worked between the hours of 7:00 A.M. TO 5:00 P.M., Monday through Friday. **Overtime is any period worked more than 8 hrs. and less than 12 hrs. between 7:00 A.M. and 5:00 P.M. Monday through Friday/ and any period prior to 7:00 A.M. or after 5:00 P.M. Monday through Friday,/and the first 12 hrs. worked Saturday. ***Double Time is any period worked in excess of 12 hours Monday through Saturday and all of Sunday. *** All charges are computed on a portal to portal basis from our City of Industry Terminal. A four hour minim um applies to all equipment and personnel called out. NOTE: Prevailing Wage Surcharge $35.001hr. When Prevailing Wage Rates or Davis Bacon Wage Rates Apply: There will be an additional charge of $35.00 per hour for all personnel and/or operated equipment. 14 25E-67 ITEM UNOPERATED CLEANING NO. EQUIPMENT RATES 489 Jetter Unit (towable)/ 4,000 P.S.I. wash unit $ 75.00/hr 488 Hydrotech High Pressure Wash Unit $ 65.00/hr 488A Hydro-Dig Attachment $200.00/day 402 Steam Cleaner $ 50.00/hr 411 Pressure Washer 3600 P.S.I. Hot Water $250.00/day 209 Pressure Washer 2500 - 3000 P.S.I. $175.00/day 403 Mercury Vacuum (Hepa Vac) $120.00/day 412 Wet Dry Vacuum -16 gal. $ 25.00/day 413 Dustless bead blaster $ 70.00/hr 414 Hard Boom $ 4.50/ft./day 410 Punts (small boat) $250.00/day 495 Minnie Me - Plus Fuel $ 80.00/hr. ITEM UNOPERATED SAFETY RATES NO. EQUIPMENT 15 25E-68 500 Bottled Air, 300 cu. ft. cylinder $ 45.00/day 501 Self-Contained 60 Minute Scott Air Pack $125.00/day 502 Extra 60 Minute Scott Air Cylinder $ 30.00/day 503 Self Contained 30 Minute Scott Air Pack $ 100.00/day 504 Extra 30 Minute Scott Air Cylinder $ 25.00/day 505 300 Cubic Feet or 60 Minute Cylinder Recharge $ 30.00/cylinder 506 30 Minute Cylinder Recharge $ 25.00/cylinder 507 Hazardous/Acid Suit (Level A) $250.00/day 508 Hazardous Suit (Level B) $ 125.00/day 509 Positive Pressure Mask W/Egress, and air line $ 75.00/day 409 Tripod Maniift $ 50.00/day 510 Lifeline and Safety Harness $ 50.00/day 404 Air Monitor $ 75.00/day 511 Dual Cartridge Half-Face Respirator $ 15.00/day 512 Dual Cartridge Full-Face Respirator $ 30.00/ea 837 Respirator Cartridges $ 10.00/cart. 513 Racal-Respirator $ 85.00/day 514 Cartridges for Racal-Respirator $ 40.00/pair 408 Air Blower (electric) $ 35.00/day 415 Venturi Air Blower (air compressor included) $150.00/day 405 Draeger Tester Pump $ 15.00/day 407 Draeger Test Tubes $ 7.00/ea 520D Pre & Post Lead Exposure Blood Test $ 675.00/ea. ITEM EQUIPMENT RENTAL RATES RATES NO. 16 25E-69 600 Roll-off bin (rental) 10-15 yard bins $ 8.00/day 600A Dewatering Bin (rental) $ 25.00/day 601 Roll-off bin (rental) 20-40 yard bins $ 9.00/day 857 Roll-off bin liner $ 30.00/each 868 Bin Dewater Liner: Felt Only $ 225.00/each 860 Bin Dewater Liners: Regular $ 520.00/each 861 Bin Dewater Liners: Super Depac $ 720.00/each 862 Bin Dewater Liners: Black Screen Depac $ 620.00/each 606 Portable Black Iron Tank-Skid Mounted (Rental) (7500 - 10,000 gals.) $ 18.50/day 603 Roll-off bin (delivery - 50 mile radius) $ 250.00/ea 604 Overnight Demurrage on Vacuum Tanker, End Dump, or Dry Van $ 250.00/day 605 Ramp Rental $ 20.00/pair/day Towable Ramp Rental $100.00/day DISPOSAL CHARGES 700 Disposal Charges: All disposal rates are charged at cost 701 Disposal Service Charge: 15% 702 Washout: $200.00 for hazardous waste $13 5.00 for non-hazardous waste Facility Washout: Cost Plus 15% LABORATORY CHARGES 859 Laboratory charges: Cost Plus 15% 703 U.P.S profile charge - $75.00 (Administrative) CONSUMMABLES 798 Cement - Regular (90 lb. Bag) $ 15.00/each 17 25E-70 799 Cement - Ready Mix (60 lb. Bag) $ 10.00/each 801 Rubber Gloves $ 10.00/pair 846 Gloves - Viton (For Peb's) $ 65.00/pair 800 Disposable Tyvek Suit $ 10.00/each 827 Disposable Tyvek Suit (poly) $ 18.00/each 828 Saranex Suit S 25.00/each 849 Sigel Suit (Acid Suit) $ 50.00/day 850 Hazardous Atmosphere Enviro Suit $175.00/day 848 Rain Gear - Heavyweight S 25.00/each 851 P.P.E. (gloves, tyvek, and respirator) $ 40.00/day/person 803 Absorbent $ 8.00/bag 804 Hazorb Pillow $ 15.00/each 805 Sorbent Pads $ 90.00/bale 806 Sorbent Booms $ 195.00/bale 808 95-gallon Overpack Poly Drum (new) $190.00/each 809 85-gallon Overpack Drum (reconditioned) $125.00/each 814 55-gallon D.O.T. Open Top Drum (new) $ 70.00/each 810 55-gallon D.O.T. Poly Drum Open Top (reconditioned) $ 45.00/each 811 55-gallon D.O.T. Poly Closed Top Drum (reconditioned) $ 45.00/each 819 30-gallon D.O.T. Poly Drum (new) $ 60.00/each 812 30-gallon D.O.T. Poly Drum (reconditioned) $ 37.50/each 818 15-gallon Poly Drum $ 35.00/each 807 85-gallon Overpack Steel Drum (reconditioned) $110.00/each 802 275-gallon Poly Tote $225.00/each Consummables Continued: 813 55-gallon D.O.T. Steel Drum (reconditioned) $ 45.00/each 18 25E-71 820 55-gallon D.O.T. Fiber Drum 815 30-gallon D.O.T. Fiber Drum 816 20-gallon D.O.T. Fiber Drum 817 5-gallon Pail D.O.T. (with snap lid) (with screw lid) 853 Super Sack 855 Cubic Yard Box with pallet 821 Soda Ash 822 Citric Acid 823 Sodium Carbonate Monohydrate 824 Caustic Soda (flake) 829 Caustic Soda (bead) 825 Vermiculite 826 Sample Tubes (glass) 831 Harris Caution Tape 832 Duct Tape 833 Plastic Sheeting 834 Plastic Bags 835 55-gallon Drum Liner 836 20" Stretch Film (shrink wrap) 837 Respirator Cartridges 838 Hazardous Waste Labels 839 Patch Kit 840 Samples Jars Consummables Continued: 841 Rags Rags 19 $ 30.00/each $ 40.00/each $ 30.00/each S 15.00/each $ 20.00/each $ 35.00/each $ 85.00/each S 0.85/lb. $ 3.00/lb. $ 0.85/lb. $ 2.50/lb. $ 1.75/lb. $ 31.50/bag $ 4.50/ea. $ 35.00/roll $ 7.00/roll $ 68.00/roll $ 0.50/each $ 8.50/each $ 53.00/roll 10.00/cart. $ 1.00/each $ 20.82/each $ 5.00/jar $ 55.00/box $ 30.00/ %2 box 25E-72 843 Subsistence: (No Layover - 8 hr. period) S 10.00 meal/per man 844 Subsistence (with Layover) $ 100.00/man 845 Portable Eyewash $ 25.00/day 856 Chlor-D-Tects $ 35.00/each 857 Roll Off Bin Liner $ 30.00/each 858 Hudson Sprayers $ 40.00/each 868 Bin Dewater Liners: Felt Only $225.00/each 860 Bin Dewater Liners: Regular $520.00/each 861 Bin Dewater Liners: Super Depac $720.00/each 862 Bin Dewater Liners: Black Screen Depac $620.00/each 863 Kleen Green $ 15.00/gal 865 Sand Bag $ 5.00/each 866 Disposable Flex Hose - 6" $ 2.25/ft. 867 Disposable Flex Hose -4" $ 1.501 ft. 868 Bin Dewater Liner (fabric only) $ 240.00/each 439 Neozyme $ 51.00/gal 876 Gold Crew $ 42.00/gal OUTSIDE SERVICES OR EQUIPMENT RENTAL 870 Cost Plus 15% NOTES: Repair or replacement costs shall be charged for equipment damaged by customer. Minimum charge of four (4)- hours is applicable to all equipment and personnel. All personnel are radio-equipped with hand-held units. TERMS: Net 30 days with approval of credit otherwise C.O.D. Service Charge of 1 ''/z% is charged against past due accounts. 20 25E-73 25E-74 FIRST AMENDMENT TO CONTRACTOR AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 1, 2013, by and between Ocean Blue Environmental Services, Inc., a California corporation ("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 parties entered into that certain Agreement # A2012-106, dated June 4, 2012, (hereinafter .,said Agreement") by which Contractor has provided emergency spill response to prevent discharges from entering the storm drain, and scheduled storm drain cleaning services. B. In accordance with the terms and conditions of said Agreement, the City desires to exercise the first option to renew said Agreement for a one year term, and to increase compensation to provide funding for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 3.a., COMPENSATION, shall be amended to increase compensation by $250,000.00, to pay for the services during the extended term. Said section shall read in full as follows: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Schedule, attached to said Agreement as Exhibit B. The total sum to be expended under this Agreement shall not exceed $250,000.00, annually, during the term of this Agreement." Section 4, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on July 1, 2012 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for up to three additional one-year terms, at the option of the City Manager." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. EXHIBIT 3 25E-75 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA Maria D. Huizar Clerk of the Council KEVIN O'ROURKE Acting City Manager APPROVED AS TO FORM: Laura Sheedy Assistant City Attorney OCEAN BLUE ENVIRONMENTAL SERVICES, INC. RECOMMENDED FOR APPROVAL: Raul Godinez 11, P.E. Executive Director Public Works Agency RON DARE President 25E-76 25E-77 FIRST AMENDMENT TO CONTRACTOR AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 1, 2013, by and between United Storm Water, Inc., a California corporation ("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 parties entered into that certain Agreement # A2012-105, dated June 4, 2012, (hereinafter ,,said Agreement") by which Contractor has provided emergency spill response to prevent discharges from entering the storm drain, and scheduled storm drain cleaning services. B. In accordance with the terms and conditions of said Agreement, the City desires to exercise the first option to renew said Agreement for a one year term, and to increase compensation to provide funding for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 3.a., COMPENSATION, shall be amended to increase compensation by $250,000.00, to pay for the services during the extended term. Said section shall read in full as follows: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Schedule, attached to said Agreement as Exhibit B. The total sum to be expended under this Agreement shall not exceed $250,000.00, annually, during the term of this Agreement." 2. Section 4, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on July 1, 2012 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for up to three additional one-year terms, at the option of the City Manager." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. EXHIBIT 4 25E-78 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: Maria D. Huizar Clerk of the Council KEVIN O'ROURKE Acting City Manager APPROVED AS TO FORM: UNITED STORM WATER, INC. Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: EDUARDO PERRY JR. President Raul Godinez II, P.E. Executive Director Public Works Agency 25E-79 25E-80