Loading...
HomeMy WebLinkAbout25K - AGMT SPILL RESPONSE AND STORM DRAIN FACILITY CLEANINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE AGREEMENTS WITH OCEAN BLUE ENVIRONMENTAL SERVICES, INC., AND UNITED STORM WATER, INC., FOR SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING (STRATEGIC PLAN NO. 6, 1C) CITY MIANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute agreements with Ocean Blue Environmental Services, Inc., and United Storm Water, Inc., to provide Spill Response and Storm Drain Facility Cleaning for a two-year term beginning June 20, 2017, and expiring on June 19, 2019, with provisions for two one-year extensions exercisable by the City Manager and City Attorney, for a total amount not to exceed $250,000 per year for each agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION 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 the cleaning of all City -owned drainage facilities and the mitigation of pollutants discharge (spills) that could lead to the waters of the United States. On March 20, 2017, the Public Works Agency released a Request for Proposals (RFP) on the City's website and notified qualified consulting firms to provide Spill Response and Storm Drain Facility Cleaning. Three proposals were received and evaluated by a review committee from the Public Works Agency. Each firm was rated according to its organization, credentials, resumes, references, and fees to provide the required services. One firm, Colbert Environmental Group, was disqualified because it failed to submit proposal deposits as required by the RFP. A summary of the firms and their respective scores are listed in the table below: FIRM SCORE Ocean Blue Environmental 96 United Storm Water 9Z Based on the ratings and their experience with the City, staff recommends that the firms of Ocean Blue Environmental Services, Inc., and United Storm Water, Inc., be retained for the required services. The 25K-1 Consultant Agreements for Spill Response and Storm Drain Facility Cleaning June 20, 2017 Page 2 services will be used on an as -needed basis. Each agreement will be in the amount not to exceed $250,000 per year (Exhibits 1 and 2). The primary functions of these two agreements will be for spill response and storm drain facility cleaning. However, additional services will also be provided under these two agreements for crime scene cleanup and the removal of hazardous waste from the public right-of-way. The Police Department will be allocated up to $25,000 of the Ocean Blue Environmental agreement for crime scene cleanup. These funds will come from account No. 01114420-62300. Public Works Refuse Collection Services will be allocated up to $30,000 of the United Storm Water agreement for the removal of hazardous waste from the public right-of- way. These funds will come from account No. 06917640-62300. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The intended spending plan is as follows, subject to change: Agreement I Account FY 2017-18 1 FY 2018-19 TOTALS Ocean Blue Environmental 105717640 62300 $225,0001 $225,0001 $450,000 101114420 623001 $25,0001 $25,0001 $50,000 United Storm Water 105717640 62300 $220,000 $220,000 $440,000 106917640 623001 $30,0001 $30,0001 $60,000 TOTALS $500,0001 $500,0001 $1,000,000 Fred Mousavipour Exe utive Director Public Works Aaer Jim'Schnabl Acting Chief of Police Santa Ana Police Department Exhibits: 1. Agreement with Ocean Blue 2. Agreement with United Storm Water APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25K-2 EXHIBIT 1 AGREEMENT TO PROVIDE SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING SERVICES THIS AGREEMENT is made and entered into this 20th day of June, 2017 by and between Ocean Blue Environmental Services, Inc., a California corporation, (hereinafter "Consultant"), 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. On March 20, 2017, the City issued Request for Proposal No. 16-144, by which it sought Contractors to provide Spill Response and Storm Drain Facility Cleaning for the City of Santa Ana Public Works Agency, B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A, and incorporated by reference to this Agreement. Consultant's proposal is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services provided under RFP 16-144, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. For each year of this agreement, and for any extensions exercised under Section 3, the total yearly amount to be expended shall not exceed $250,000.00. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 25K-3 k 1001""IT This Agreement shall commence on the date first written above and continue for two (2) years, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2) one-year extensions upon a writing executed by the City Manager and the City Attorney. A. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq, as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being per -Formed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. OWNERSIIIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other docurments or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 25K-4 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to coumnencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. Page 3 of 9 25K-5 (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, 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 Consultant 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 fi•om this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding, Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable, Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created Page 4of9 25K-6 pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 Infonnation" 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflicts may be further specified in Certifications — Exhibit C, attached hereto and incorporated in this Agreement, by reference. 12. NOTICE Any notice, tender, demand, delivery, or other coramunication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Executive Director Public Works Agency Page 5 of 9 25K-7 and City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 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 Consultant: Ocean Blue Environmental Services, Inc. Attn: Eduardo Perry, Jr. 925 West Esther St, 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 fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 terns 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 Consultant. 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 Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior Page 6 of 9 25K-8 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. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained it or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant 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 Consultant 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 Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications — Exhibit C, attached hereto and incorporated in this Agreement by reference. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 9 25K-9 19. PROFESSIONAL LICENSES Consultant shall, throughout the tern 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. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 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 Signatures continued on following page CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager Page 8 of 9 25K-10 APPROVED AS TO FORM SOMA R. CARVALHO CONTRACTOR City Attorney By Lw a i` J41n M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director Public Works Agency Name: Title: Page 9 of 9 25K-11 Exhibit A _ Appendix _. ATTACHMENT I SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SPILT, RESPONSE AND STORM DRAIN FACILITY CLEANING RFP NO, 16-144 A, INTRODUCTION AND BACKGROUND: The City desires to engage qualified firms to detect, respond, investigate, and eliminate illegal and prohibited discharges of pollutants, and to maintain and clean the City's storm drain infrastructure. The City of Santa Ana implements a comprehensive program for detecting, responding, investigating and eliminating illegal and prohibited discharges of pollutants. The program establishes a process through which discharges are actively detected and eliminated. In order to be effective, the program has been integrated with the municipal, industrial/commercial, residential and construction inspection programs, so that if a discharge is discovered during an inspection it can be properly addressed and eliminated. Discharges are also reported by residents, other local agencies and various departments within the City. Discharges that are discovered as a result of these integrated efforts will be addressed through this agreement, specifically the clean-up element. The main objective in the clean-up operation is to restore the impacted area back to its original state (to the maximum extent practicable) and prevent further environmental degradation. It is important that the clean-up is completed in a timely and cost-effective manner. The work to be performed pursuant to this agreement consists of both scheduled and as needed inspection and cleaning of storm drain facilities (Catch Basins, Storm Drain Inlets, Parkway Culverts, Open Channels, etc.). The scheduled inspections will be performed annually during Dry Season (May 1 — September 30) and monthly during Storm Season (October I — April 30) or as directed after significant storm events. During the Storni Season, cleaning of the Catch Basins with Inserts (Automatic Retractable Screens (ARS) and/or Coimector Pipe Screens (CPS)) will be required when they are filled to 40 percent capacity and all other Catch Basins will be cleaned as needed. On an annual basis, 80 percent of all storm drain facilities shall be cleaned and maintained and 100 percent biennial. The City has 1535 Catch Basins, of which, approximately 48% have been retrofitted with Inserts. The actual number of contractors to be selected will depend on the availability of qualified dims, evidenced by the proposal process. B. SCOPE OF SERVICES: A. Spill Response Firm shall be capable of performing the following tasks: City of Santa Ana RCP 16-144 Page Al -1 25K-12 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 their ability daring 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 hazardous waste throughout the City and at the City Yard, 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 I week of performing the work required by this Contact and an armual 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, 'rho 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 for this contract. B. Storm Drain Facility Cleaning and Maintenance Firm shall be capable of performing the following tasks; a. Perform thorough inspection of all Catch Basins throughout the City and provide an inspection sohedule 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 tine City within 7 days of each Storm Season month, b. During each inspection, remove all trash and debris found in front of curb opening or on AKS Insert and all vegetation growing across and/or blocking the opening. City of Santa Ana RFP 16-144 Page Al -2 25K-13 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. hasert 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 t 1. 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 unlook (Close) all ABS 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 hrserts when they are filled to 40 percent capacity within 7 days of the inspection. Upon completion of cleanout operation slid 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. g. 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 rosorves 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. City of Santa Ana RFP 16-144 Page Al -3 25K-14 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 for this contract. C. Flood Control Assistance Under the direction of the City, the firm shall assist with flood control and flooding complaints during storm events. Pitm shalt be capable of performing the following tasks; a. Mobilize quickly and efficiently to flooded areas and/or historic problem areas under the direction of the City. b. Deploy all necessary personnel, equipment and materials to assist with flood control and flooding complaints. The equipment deployed must have the ability to remove excess water from the public right of way and dislodge stuck material in storm drain infrastructure. c. Open ARS Inserts and storm drain manhole covers to facilitate faster drainage of flooded areas. d. Remove all trash and debria not limited to mud, vegetation, and garbage from ARS Inserts and storm drain facilities to facilitate faster drainage of flooded areas. e. Provide catch basin ID numbers and photos of the flooded storm drain infrastructure that was responded to within 7days of City's request. F. Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. D. Other Requirements The City of Santa Ana's Sample Agreement is included herein as ATTACHMENT 2• The agreement term will be based on expenditure of funds. The City desires to enter into agreements with up to three (3) selected firms for an initial two (2) year tenn with a City option for two one-year extension for a not to exceed amount of $250,000 per year for each firm. After awarding the agreements, the City will use a Task -Order system to ensure tasks are equitabihty, allocated to all contractors. Initially, the top three qualified firms will prepare a scope of work and fee for the first task order. Proposals will be evaluated for value, the qualifications of the staff assigned, and the completeness of scope. Once a firm is assigned to a (ask, that firm will be moved to the bottom of the list to await potential future assignments. The remaining top qualified, firms will continue to compete for the subsequent task orders. 0 City of Santa Ana RFI' '16-144 Page A1-4 25K-15 E. Prevailing Wages This agreement is subject to compliance, monitoring and enforcement by the State of California Department of Industrial Relations. Contractors eine required to inform themselves fully of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link, hitn,//www,clir.ca, gov/lneblic-woricsh)ublicworks, litml Firm shall provide certified payroll to the City upon invoicing. The City will not process invoices until certified payroll has been provided. P. License Requirements The selected Proposer will at a minimum have a valid Class A General Engineering Contractors' License. The contractor shall list and provide all required City, County, State and Federal 1D Numbers/Licenses/Permits related to this Contract, including but not limited to: - EPA Identification Number - EPA Acknowledgement of Notification of Hazardous Waste Activity - Hazardous Material Transportation License - Hazardous Substances Removal & Remedial Actions Certification - California Contractors State License with "HAZ" Designation - California DMV License with "H" Designation C. PROPOSAL ]DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five -percent (5%) of the total proposed annual contract amount of $250,000 shall accompany each proposal. The proposal deposit: must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, mast company treasurer's check or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful offerors will be returned upon award of contract by the City. The successful offeror shall supply a performance bond in the amount of one -hundred percent (100%) of the successfully awarded total annual contract amount of the proposal prior to execution of the agreement. Upon receipt of the performance bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful offeror fails to execute the written agreement and furnish the required performance bond or to satisfy any other conditions present, within a reasonable time as determined by the City, D. CITY RESPONSIBILITIES I. Furnish City program for detecting, responding, investigating and eliminating illegal aqui prohibited discharges of pollutants. 2. Furnish available maintenance records and hot spot areas. City of Santa Ana RFP '16.144 Page At -5 25K-16 Exhibit B- OCEW"BLUE ENVIRONMENTAL SERVICES, INC. CITY OF SANTA ANA 2017-2021 PREFERRED RATES DEFINITIONS Straight Time: Monday through Friday, from 8:00 AM to 5:00 PM Overtime: Monday through Friday, before 8:00 AM and after 5:00 PM, and all day on Saturdays Premium Time: Sundays, Following Holidays HOLIDAYS OBSERVED New Year's Day Labor Day Martin Luther King, Jr.'s Birthday Presidents Day Veterans Day Memorial Day Fourth of July Thanksgiving Day Day after Thanksgiving Columbus Day Christmas Day MINIMUM CHARGES 925 West Esther Street Long Beach, CA 90813 Ph: (562) 624-4120 Fx: (562) 624-4.127 Four (4) hour minimum charges will apply to all call outs. Portal to Portal rates apply. Time charges include personnel, equipment and materials for preparation, mobilization, travel to and from site, demobilization, decontamination, transportation and unloading. DISPOSAL AND OUTSIDE COSTS All disposal, services, non -heavy equipment rentals, and materials not on the rate sheet will be billed at cost plus a twenty percent (20%) handling charge. Heavy equipment rental will be billed at cost plus twenty five percent handling charge due to high liability cost. 0 LONG BEACI-I 1� 25K-17 0 SAN DIEGO 925 West Esther Strout n ABLUE Long Beach, CA 90813 �+ � �finL Ph: (562) 624-4120 ENVIRONMENTAL SERVICES, INC. Fx: (562)624-4127 CITY OF SANTA ANA 2017.2021 PREFERRED RATES ALL PERSONNEL HAVE AT A MINIMUM. 40•HR HAZ•WOPER TRAINING AS SPECIFIED 6Y 29 CFR 1910.120 1 CERTIFIED HAZARDOUS WASTE TRANSPORTATION VEHICLES UTILITY TRUCK 4X4 W/TRAFFIC CONTROL LIGHTS & LIFTGATE GEAR TRUCK W1 LIFTGATE EMERGENCY RESPONSE UNIT - LARGE EMERGENCY RESPONSE UNIT - SMALL CREW VAN BOB CAT W/SOLID TIRES VACUUM TRAILER - 20 BBL VACUUM TRUCK - 70 BBL W/ ROPER PUMP* VACUUM TRUCK- 120 BBL* VACUUM TRUCK - 120 BBL STAINLESS STEEL* AIR EXCAVATOR* HYDRO EXCAVATOR OMNI VAC -85 BBL* JETTER / VACTOR COMBO UNIT* ROLL -OFF TRUCK* ROLL -OFF TRUCK AND TRAILER* DUMP TRUCK- 10 WHEEL* 25' BOX VAN* 45' BOX VAN* 45' FLAT BED* 25' EQUIPMENT TRAILER HOURLY 86IE 49.29 49.29 230.64 159.03 43.71 53.94 53.94 132.06 151.59 171.12 132.06 244.59 244.59 244.59 132.06 151.59 93.00 93.00 107.88 107.88 34.41 DCNOTES EQUIPMENT INCLUDING OPERATOR, THESE WILL BE CHARGED AN ADDITIONAL $29.00 PER HOUR FOR OVERTIME AND $39.00 PER HOUR FOR PREMIUM TIME. 2 RESPIRATORY I CONFINED SPACE ENTRY EQUIPMENT SELF-CONTAINED BREATHING APPARATUS (30 MIN.) 6 -PACK BREATHING AIR BOTTLES 5 -MINUTE EGRESS AIR BOTTLE TRIPOD W/DOUBLE WINCHES FULL BODY HARNESS Wl SHOCK ABSORBER COPPUS BLOWER 4 -GAS AIR MONITOR PID METER MERCURY VAPOR ANALYZER OVA MONITOR 134.85 DAILY 269.70 DAILY 38.13 DAILY 241.80 DAILY 34.41 DAILY 195.30 DAILY 295.74 DAILY 410.13 DAILY 512.43 DAILY 358.98 DAILY A* LONG BEACH (� 0 SAN DIEGO I$ PAGE 1 OF 5 25K-18 925 West Esther Street o c L ^ � � � � � � � Long Beach, CA 90813 Ph: (562) 624-4120 ENVIRONMENTRL SERVICES, INC. Fx: (562) 624-4127 CITY OF SANTA ANA 2017.2021 PREFERRED RATES PERSONAL 4 GAS METER 244.59 DAILY ELECTRIC BLOWER 63.24 DAILY 3. TRAFFIC CONTROL ARROW BOARD 219.48 DAILY PORTABLE DECON STATION W/ARROWBOARD 292.95 DAILY BARRICADES W/ REFLECTORS, EACH 31.62 DAILY DELINEATOR/REFLECTIVE, EACH 1.86 DAILY NO TURN RIGHT OR LEFT SIGNS, EACH 15.81 DAILY TRAFFIC CONE/REFLECTIVE, EACH 2.79 DAILY TRAFFIC CONTROL SIGNS 48"X48"/REFLECTIVE 36.27 DAILY 4, CLEANING EQUIPMENT AIR COMPRESSOR 41.85 HOURLY CHEMICAL DIAPHRAGM PUMP 307.83 DAILY DECONTAMINATION STATION 210.16 DAILY DIAPHRAGM PUMP 220.41 DAILY HYDROBLASTER 77.19 HOURLY INTRISICALLY SAFE PUMP FOR FUEL TANKS 107.88 DAILY STEAM MACHINE 1,000 PSI 22 GPM 68.82 HOURLY STEAM MACHINE 3,500 PSI 6 GPM 60.45 HOURLY PORTABLE TRASH PUMP 205.53 DAILY AIR SCRUBERS PORTABLE 171.12 DAILY HEPA FILTERS FOR SCRUBBERS 127.41 EACH 55 GALLON CARBON SCRUBBER FOR VAC TRUCKS 195.30 DAILY 3 STALL DECONTAMINATION SHOWER 292.95 DAILY 5. PORTABLE STORAGE UNITS 20 -YARD BIN, OPEN TOP 52.08 DAILY 20 -YARD BIN, CLOSED TOP 29.76 DAILY 40 -YARD BIN, OPEN TOP 25.11 DAILY 40 -YARD BIN, CLOSED TOP 31.62 DAILY 4" TANK MANIFOLD 19.53 DAILY BIN LINERS 52.08 EACH 6, OIL SPILL EQUIPMENT 20' DRUM & SUPPLY TRAILER W/ 4' SIDES & 12,000 GVW BOOM TRAILER (STANDBY) W/ 1500' OF 8"x12" BOOM BOOM 8"x12" (DEPLOYED) BOOM 4"x12" (DEPLOYED) 22' TOW/SPILL CONTROL BOAT W/ 200 HP MOTOR 22'x 8' SELF POWERED BARGE 19' TOOL SPILL BOAT W/90HP 17' TOW/SPILL CONTROL BOAT W/ 40 HP MOTOR 14' TOW/SPILL CONTROL BOAT W/ 25 HP MOTOR VTMUBEACH PAGE 2 OF 5 25K-19 205.53 DAILY 154,38 DAILY 1.86 PER FT/DAY 0.93 PER FT/DAY 132.06 HOURLY 88.35 HOURLY 88.35 HOURLY 73.47 HOURLY 58.59 HOURLY 0 SAN VIIGUOVRLY 0C1nnQ00LU1 ENVIRONMENTAL SERVICES, INC. CITY OF SANTA ANA 2017.2021 PREFERRED RATES 12' PUNTS W15HP MOTOR GLOW STICKS FOR BOOM SPLASH ZONE 2 -PART SEALER 25 LBS ANCHORS W/ 16' CHAIN 15 LBS ANCHORS WI 10' CHAIN 24" BOEYS EMERGENCY RESPONSE TRAILER ROPE MOP SKIMMER DRUM SKIMMER TDS-136 W1 POWER PACK SKIM-PAK SERIES 4000 Wl CONTROL SYSTEM SKIMMER TRAILER ABSORBENT BOOM TRAILER ATV (ALL TERRAIN VEHICLE) W/TRAILER FORKLIFT TRAILER 7 MATERIALS 10 GALLON DOT DRUM, STEEL 15 GALLON DOT DRUM, POLY 16 GALLON DOT DRUM, STEEL 20 GALLON DOT DRUM, STEEL 30 GALLON DOT DRUM, POLY 30 GALLON DOT DRUM, STEEL 5 GALLON DOT DRUM 55 GALLON DOT DRUM, POLY 55 GALLON DOT DRUM, STEEL 55 GALLON DOT DRUM, BIO 85 GALLON DRUM, OVERPAK, STEEL 95 GALLON DRUM, OVERPAK, POLY ACID SPILFYTER NEUTRALIZER PER QT BASE SPILFYTER NEUTRALIZER PER QT B10 -SOLVE (HYDROCARBON ENCAPSULANT) BLEACH CAUTION 1 BARRICADE TAPE CHEMICAL POLY TOTES CHLOR-D-TECT 04000 CITRI-CLEAN, 55 GALLON DIESEL FUEL (EQUIPMENT) DRUM LABEL DRUM LINER DUCTTAPE EAR PLUGS 200/BOX FACE SHIELD HAND AUGER HAND CLEANER HEPAVACUUM FILTER PROTECTORS HEPA VACUUM REPLACEMENT BAGS OIL SORBENT POM POMS PH PAPER PAGE 3 OF 5 25K-20 925 West Esther Street Long Beach, CA 90813 Ph: (562) 624-4120 Fx: (562) 624-4127 43.71 HOURLY 5.58 EACH 160.89 PER GALLON 14.88 DAILY 10,23 DAILY 14.88 DAILY 462.21 DAILY 154.38 HOURLY 205.53 HOURLY 63.24 HOURLY 205.53 DAILY 154.38 DAILY 268.77 DAILY 97.65 DAILY 49.29 EACH 49.29 EACH 49.29 EACH 52.08 EACH 52.08 EACH 52.08 EACH 18,60 EACH 61.38 EACH 60.45 EACH 39.06 EACH 219.48 EACH 219.48 EACH 19.53 EACH 19.53 EACH 36.27 PER GALLON 4.65 PER GALLON 25.11 PER ROLL 317.13 EACH 18.60 EACH 820.25 PER DRUM 4.65 PER GALLON 0.93 EACH 2.79 EACH 6.51 PER ROLL 102.30 PER BOX 13.02 EACH 85.56 DAILY 7.44 CAN 20.46 EACH 20.46 EACH 56.73 PER BALE 1183.60 BOX APER SAN IJ4gGaU ESR BOX �^ 925 West Esther Street 0 � � � � � D � � � Long Beach, CA 90813 Ph: (562) 624-4120 ENVIRONMENTAL SERVICES, INC. Fx: (562) 624-4127 CITY OF SANTA ANA 2017-2021 PREFERRED RATES PLASTIC SHEETING 73.47 PER ROLL RAGS, 50 LB BOX 66.03 PER BOX ROPE 112 POLY, 100' ROLL 31.62 PER ROLL ROPE 518 POLY, 100' SPOOL 36.27 PER ROLL SAMPLEJARS-lQT 13.02 EACH SAND BAGS 3.72 EACH SHRINK WRAP 29.76 ROLL SIMPLE GREEN 13.02 PER GALLON SODA ASH 6.51 PER GALLON SORBENT BOOM W1 JELLING MATERIAL 410.13 PER BALE SORBENT BOOM, 8"x10" 53.94 EACH SORBENT PADS 18"x18"x1(4" (200/BALE) 88.35 PER BALE SUPERFINE, 25 LB BAG 16.60 PER BAG TRIWALL BOXES 154.38 EACH VACTOR FLEX HOSE 4" 1.86 PER FOOT VACTOR FLEX HOSE 6" 2.79 PER FOOT VERMICULITE 29.76 PER BAG B. TOOLS AND OTHER EQUIPMENT BIO -HAZARD "BLOOD" SPILL KIT 102.30 EACH BOAT HOOKS 3'-9' TELESCOPING 7.44 DAILY BOBCAT SWEEPER ATTACHMENT 146.94 DAILY BROOMS HAZ-MAT 11.16 DAILY CHAIN W/BINDERS 13,02 DAILY CHEST WADERS 61.38 DAILY 14 PORTABLE GAS POWERED ABRASIVE SAW 146.94 DAILY COM -A -LONG - 4000 LBS 6.51 DAILY CONCRETE SAW 154.38 DAILY CONCRETE SAW BLADE 52.08 EACH CUTTING TORCH 148.80 DAILY DEMO TOOLS 77,19 DAILY DRUM SAMPLING ROD (GLASS) 7.44 EACH DRUM VACUUM - 55 GALLON 118.11 DAILY EXPLOSION -PROOF FLASH LIGHT 26.04 DAILY EXTENSION LADDER 13.02 DAILY EYEWASH STATION 31.62 DAILY FIRE PROTECTION SUIT (1500 DEGREE PROTECTION FACTC 219.48 DAILY FORKLIFT 18972 DAILY GENERATOR, 10KV TRAILER MOUNTED 34.41 HOURLY GENERATOR, 5500 WATTS 121.83 DAILY HAND TOOLS 52.08 DAILY HAND WASHING STATION 49.29 DAILY HAZ-CAT KIT 20,46 PER TEST HEAVY DUTY JETTER NOZZLES 23.25 DAILY HEPA VACUUM (DRY) 154.38 DAILY HIP WADERS 52.08 DAILY HUDSON SPRAYER 20.46 DAILY JACK HAMMER 90 LBS 121.883 �IF€ K� CII 4 DDAILY SANT IEGOAILY PAGE 4 OF 5 25K-21 OCCnn OLUC ENVIRONMENTRL SERVICES, INC, CITY OF SANTA ANA 2017-2021 PREFERRED RATES LIGHT STAND (2 BULBS) LIGHT TOWER (4 BULBS) MEALS ON SPILLS MERCURY VACUUM NON -SPARKING COLD CUTTER I RIVET BUSTER NON -SPARKING COLD CUTTER TIPS PER DIEM ALLOWANCE ON TRAVEL PICKS "MINERS" PLUG & DIKE, 1 LB CAN POLY SIPHON (POGO) PUMP PORTABLE RESTROOM W/SINK PROFILING FEE (PER WASTE STREAM) RADIO 2 -WAY, INTRINSICALLY SAFE RAKES SAMPLE COOLER SAWZALL SCAFFOLDING - PORTABLE (2 1/2'x 8'x 6) SCAFFOLDING - TOWERS (5'x 5'x 10') SHOVELS/HAZ-MAT SKIL SAW STEEL SPIKES, 36" TRUCK RAMPS (30,000 LBS) VAPOR TIGHT DROP LIGHTS VENTILATION FAN WATER METER WATER TANK TRAILER WI PUMP DRUM DOLLY 9 PERSONAL PROTECTIVE EQUIPMENT (PPE) LEVEL "N'- FULLY ENCAPSULATED GAS-TIGHT SUIT WITH SCBA LEVEL "B" - POLY-TYVEK THROUGH FULLY ENCAPSU- LATED SUIT, BUT NOT GAS TIGHT W/SOBA LEVEL "C" - TYVEK THROUGH SARANEX SUIT Wl AIR PURIFYING RESPIRATOR LEVEL "D" - TYVEK, POLY-TYVEK, COVERALL OR RAINGEAR SUIT WITH GLOVES, BOOTS, HARDHAT AND SAFETY GLASSES 925 West Esther Street Long Beach, CA 90513 Ph: (562) 624-4120 Fx: (562) 624-4127 36.27 DAILY 292.95 DAILY 7.44 EACH 512.43 DAILY 97.65 DAILY 29.76 EACH 160.89 DAILY 2.79 DAILY 25,11 EACH 19.53 EACH 154,38 DAILY 77.19 EACH 40,92 DAILY 4.65 DAILY 15.81 DAILY 81.84 DAILY 40.92 DAILY 79.98 DAILY 11.16 DAILY 36.27 DAILY 5.58 DAILY 292.95 DAILY 154.38 DAILY 118.11 DAILY 256.68 DAILY 346.69 DAILY 24.18 DAILY 488,25 PER SET 164.38 PER SET 65.03 PER SET 31.62 PER SET 0 LONG BEACH 0 0 SAN DIEGO fiy PAGE 5 OF 5 25K-22 Exhibit C Appendix ATTACHMENT 3-1t NON -COLLUSION AFFIDAVIT CERTIFICATIONS WON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTNMNT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, assooiation, organization, or corporation; that the bid Is genuine and not collusive or sham; that the BIDDER has not directly or Indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to Rx the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, father, that the BIDDER has not, directly or hndireotly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the siguatuto portion thereof shall also constitute signature of this Non -collusion Affidavit, BIDDERS are cautioned that maldng a false certification may sul pet the certifier to criminal prosecution, Signed, f •^— State of California— County aliforniaCounty of Subscribed and sworn to (or affirmed) before me on this day of . 20_, by lafbra me. proved to me on the basis of satisfactory evidence to be the person(s) who appeared Notary Public Signature Notary Public Seal City of Santa Ana —RFP PageA3-1 25K-23 A notary publlc or other officaroamplattn this certificate verlfiesonly the Idarnity oft he indlviduat who slynad the document to whfgqh thiscgrdOcate b ettached, and not the truthlalness, accuracy, orvaliditygrthot document, State of California County of w.. ?e --- CALIFORNIA JURAT Subscribed and sworn to (of affirmed) before me on this /% day of —424 1, 20 _f 7 , by r� proved to me on the basis of satisfactory evidence to be the persoh(s) who appeared before me. OM02220 94 20 CroAMeeA (Seal) OPTIONAL INFORMATION Although the information !n this section is r, rracci by low, it couldpreventfraudulentremoval and reottachmentofthis Jurat to an unauthartcod document and may prova useful to persons relying on the attached document. Description of Attached Document This certificate Is attached to a document titled/for the purpose of containing pages, Mme on the basis of satisfactory evidence: ferm(sWidentifindon O credible Warnnotesl Notarial event is detailed In notary)ournal on: Page 9 Entry R Notary contecr, Other C AMI ne(s)mumbprinth) [] Describe: 9 copyright 1001-4014 Notary Rotary, in e. `0Inn, 41400, Des Moln as, IA 503110007. All flights Rmerved, It em Numb a, 101084, Please cont act your Arthur zed Re sell erI a purchase Capin of this form. 25K-24 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CYRTWICATIONS The prospective partioipant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: I. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities", This cerditcadan is a material representation of fact upon whichreliance was placed when this transaction was made or entered into, Submisslon of this certification is a prerequisite for making or entering into this transaction imposed by Section 1332, Title 31, U.S. Code. Any person who fails to file dna required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included In all lower der subcontracts, which exceed $100,000 and that all such sub reclplents shall certify and disclose accordingly. Firm Signed and Printed Title. i- AVXk S0.;ve_ V,te-CA.4-- «„ Date. Gdy of Santa Ana RFP Page A3-2 25K-25 Appendix ATTACHMENT 3-3t NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CONSTRUCTAHILITY REVIEW The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows; 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limit€d to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship, The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of Vic Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of Investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for firther Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall 'include the portion of the sentence Immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 25K-26 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 0£ September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noneompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request khat the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Har.�`an"� iivL c Firm: } tC oan\t�e 4�My zaw�w 2 n $est Cucc 1� c . Date: L/ --1-7— -7 City at Santa Ana RFP Page AU 25K-27 EXHIBIT 2 AGREEMENT TO PROVIDE SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING SERVICES THIS AGREEMENT is made and entered into this 20th day of June, 2017 by and between United Storm Water, Inc., a California corporation, (hereinafter "Consultant"), 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. On March 20, 2017, the City issued Request for Proposal No. 16-144, by which it sought Contractors to provide Spill Response and Storm Drain Facility Cleaning for the City of Santa Ana Public Works Agency. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A, and incorporated by reference to this Agreement. Consultant's proposal is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services provided under RFP 16-144, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. For each year of this agreement, and for any extensions exercised under Section 3, the total yearly amount to be expended shall not exceed $250,000.00. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 9 25K-28 93100SYMW This Agreement shall commence on the date first written above and continue for two (2) years, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2) one-year extensions upon a writing executed by the City Manager and the City Attorney. 4, PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire teen 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 Consultant performs the services which are the subject matter of this Agrwnent; however, the services to be provided by Consultant shall be provided in a mariner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 25K-29 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Conunercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired acid non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant 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, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. Page 3 of 9 25K-30 (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, 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 terns of, or effects, arising from this Agreement. The Consultant 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 terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be perfonned under this Agreement:- Consultant- shall maintain complete and accurate records with respect to - - the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created Page 4of9 25K-31 pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such infonnation 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflicts may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement, by reference. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Executive Director Public Works Agency Page 5 of 9 25K-32 and City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 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 Consultant: United Storm Water, Inc. Attn: Eduardo Perry, Jr. 14000 E. Valley Blvd. City of Industry, CA 91745 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 fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 Consultant. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14, ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein witbout the prior Page 6 of 9 25K-33 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. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services perfonned by Consultant 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 Consultant 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 Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications —Exhibit C, attached hereto and incorporated in this Agreement by reference. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 9 25K-34 19. PROFESSIONAL LICENSES Consultant 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. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such pen -nits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terns 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 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 Signatures continued on next page CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager Page 8 of 9 25K-35 APPROVED AS TO FORM SONIA R. CARVALHO CONTRACTOR City Attorney By: Jo i M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director Public Works Agency Name: Title: Page 9 of 9 25K-36 Exhibit A Appendix _- ATTACHMENT i SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SPILL. RESPONSE AND STORM DRAIN FACILITY CLEANING RFP NO. 16-144 A, INTRODUCTION AND BACKGROUND: The City desires to engage qualified firms to detect, respond, investigate, and eliminate illegal and prohibited discharges of pollutants, and to maintain and clean the City's storm drain infrastructure. The City of Santa Ana implements a comprehensive program for detecting, responding, investigating and eliminating illegal and prohibited discharges of pollutants. The program establishes a process through which discharges are actively detected and eliminated. In order to be effective, the program has been integrated with the municipal, industrial/commercial, residential and construction inspection programs, so that if a discharge is discovered during an inspection it can be properly addressed and eliminated. Discharges are also reported by residents, other local agencies and various departments within the City. Discharges that are discovered as a result of these integrated efforts will be addressed through this agreement, specifically the clean-up element. The main objective in the clean-up operation is to restore the impacted area back to its original state (to the maximum extent practicable) and prevent further environmental degradation. It is important that the cleanup is completed in a timely and cost-effective manner. The work to be performed pursuant to this agreement consists of both scheduled and as needed inspection and cleaning of storm drain facilities (Catch Basins, Storm Drain Inlets, Parkway Culverts, Open Channels, etc,). The scheduled inspections will be performed annually during Dry Season (May 1 — September 30) and monthly during Storm Season (October t — April 30) or as directed atter significant storm events. During the Storm Season, cleaning of the Catch Basins with Inserts (Automatic Retractable Screen (ARS) and/or Connector Pipe Screens (CPS)) will be required when they are filled to 40 percent capacity and all other Catch Basins will be cleaned as needed. On an annual basis, 80 percent of all storm drain facilities shall be cleaned and maintained and 100 percent biennial. The City has 1535 Catch Basins, of which, approximately 48% have been retrofitted with Inserts. The actual number of contractors to be selected will depend on the availability of qualified Firms, evidenced by the proposal process, B. SCOPE OF SERVICES: A. Spill Response Firm shall be capable of performing the following tasks: -� City of Santa Ana RFP 16.144 Page Al -1 25K-37 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 their 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 containhnated 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. £ Provide routine pick-ups of hazardous waste throughout the City and at the City Yard. g. Manifest the waste lawfiilly 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 I week of performing the work required by this Contact 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 for this contract, B. Storm Drain Facility Clearting and Maintenance Firm shall be capable of performing the following tasks; a. Perform thorough inspection of all Catch Basins throughout the City and provide run inspection schedule within 7 days of Notice to Proceed, Remove the existing manhole cover and reinstall and fasten (lie manhole cover whenever unattended. The replacement of missing or damaged screws or bolts shall be, at no additional cast and should be noted on the Inspection Report, During Storm Season, Perform thorough inspection of all Catch Basin with Inserts throughout the City within 7 days of each Storm Season inonth. 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, City of Santa Ana RFP 16-144 Page At -2 25K-38 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 prim 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 -Lip. £ Provide temporary storage, transport and proper legal disposal of recovered trash and debris. g. Stencil the "No Dumping, This Drains to Occan" 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 alter 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. City of Santa Ana RFP 16-144 Page A1-3 25K-39 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 for this contract. C. Flood Control Assistance Under the direction of the City, the firm shall assist with 'flood control and flooding complaints during storm events. Firm shall be capable of performing the following tasks: a. Mobilize quickly and efficiently to flooded areas and/or historic problem areas lander the direction of the City. b. Deploy all necessary personnel, equipment and tnaterials to assist with flood control and flooding complaints. The equipment deployed must have the ability to remove excess water from the public right of way and dislodge stuck material in storm drain infrastructure. c. Open ARS Inserts and store drain manhole covers to facilitate faster drainage of flooded areas. d. Remove all trash and debris not limited to mud, vegetation, and garbage from ARS Inserts and storn drain facilities to facilitate faster drainage of flooded areas. e. Provide catch basin ID numbers and photos of the flooded storm drain infrastructure that was responded to within 7days of City's request. E Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. D. Other Requirements The City of Santa Ana's Sample Agreement is included herein as ATTACHMENT 2. The agreement term will be based on expenditure of funds. The City desires to enter into agreements with up to three (3) solected ferns for an initial two (2) year term with it City option for two one-year extension for a not to exceed amount of $250,000 per year for Paoli firm. After awarding the agreements, the City will use a Task -Order system to ensure tasks are equitability allocated to all contractors. Initially, the top three qualified funis will prepare a scope of work and fee for the first task order, Proposals will be evaluated for value, the qualifications of the staff assigned, and lite completeness of scope. Once a firm is assigned to a task, that firm will be moved to the bottom of the list to await potential future assignments. The remaining top qualified firms will continue to compete for the subsequent task orders. City of Santa Ana RFP 16-144 Page A1--4 25K-40 E. Prevailing Wages This agreement is subject to compliance, monitoring and enforcement by the State ofCalifornia Department of Industrial Relations, Contractors are required to inform themselves fully of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link. litti);//www.dir.ca.pov/i)ublic-works/i)tiblicworks,litiiiI Mail Finn shall provide certified payroll to the City upon invoicing. The City will not process invoices until certified payroll has been provided. F. License Requirements The selected Proposer will at it minimum have a valid Class A General Engineering Contractors' License. The contractor shall list and provide all required City, County, State and Federal ID Numbers/Licenses/Perinits related to this Contract, including but not limited to; EPA identification Number EPA Acknowledgement of Notification of Hazardous Waste Activity Hazardous Material Transportation License Hazardous Substances Removal & Remedial Actions Certification California Contractors State License with "HAZ" Designation California DMV License with "H" Designation C. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five -percent (5%) of the total proposed annual contract amount of $250,000 shall accompany each proposal. The proposal deposit must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful offerors will be returned upon award of contract by the City. The successful offeror shall supply a performance bond in the amount of one -hundred percent (100%) of the successfully awarded total annual contract amount of the proposal prior to execution of the agreement. Upon receipt of the performance bond, the proposal deposit will be returned, The proposal deposit is subject to be forfeited if the successful offeror Fails to execute the written agreement and Furnish the required performance bond or to satisfy any other conditions present, within a reasonable time as determined by the City, D. CITY RESPONSIBILITIES 1. Furnish City program for detecting, responding, investigating and eliminating illegal and prohibited discharges of pollutants. 2. Furnish available maintenance records and hot spot areas. City of Santa Ana RFP 16-144 Page At -5 25K-41 Exhibit B CONFIDENTIAL UN, ITe STORM WATER INC. RATE SCHEDULE For CITY OF SANTA ANA SPILL RESPONSE & STORM DRAIN FACILITY CLEANING RFP NO. 16-144 25K-42 TABLE OF CONTENTS Page No. Work Performed 3 Licenses & Permits• Attachment A 6 Transportation Equipment List - Attachment S 6 • Additional Equipment List 7 • Traffic Control Equipment List 8 RON Operated Equipment 9 Unoperated Equipment 11 • Traffic Control Equipment 11 • PersonnellEmergency Response Units 11 • LoadinglExcavating Equipment 11 • Coring/Sampling Equipment 12 Personnel 13 Unoperated Equipment, Miscellaneous 14 Unoperated Cleaning Equipment 16 Unoperated Safety Equipment 17 Rental Equipment 18 Disposal Charges 18 Laboratory Charges 18 Consumables 19 Outside Service Charges & Equipment 21 2 25K-43 TYPES QF MATERIALS HANDLED United 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. CAPABILITY & EXPERIENCE IN THE HANDLING OF HAZARDOUS MATERIALS Since 1970 United has had experience in the handling of hazardous materials on a daily basis. Our entire spill crew is trained in procedures relating to the safe handling of hazardous materials, Is medically monitored, and has been trained and certified in the use of respiratory protection, confined space entry, and CPR. United 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 the like, PERMIT,WILICENSES FOR HANDLING & DISPOSAL OF HAZARDOUS MATERIALS See Attachment A TYPES OF EQUIPMENT OWNED BY UNITED See Attachment B ANALYTICAL FACILITES FOR ON-SITE IDENTIFICATION OF SUBSTANCES United has the capability to determine ignitability, corrosiveness, certain reactability parameters, etc„ onsite by way of Hazcat (TM) test method. We also have analytical chemists available if/as required. LABORATORY CAPADILiTIES 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 20% Service Charge. E"��9 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. 25K-44 HOLIDAYS On the following holidays there will be an additional charge of $60.00 per man hour. New Year's bay President's Day Memorial Day Fourth of July Good Friday Veteran's pay SPCIANOTES Labor Day Thanksgiving Day Day after Thanksgiving December 24{fi Christmas Day + Repair or replacement costs shall be charged for equipment damaged by customer, a Minimum charge of four (4) hours Is applicable to all equipment and personnel. + All personnel are radio/cell phone equipped. TSR II,§ Terms are net 30 days with approved credit otherwise CAD is required, Service Charge of 1,6 % is charged against past due accounts, 25K-45 ATTACHMENT A LICENSES & PERMITS United 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. United Pumping Service • Hazardous Waste Transporter Registration Number: 0063 • EPA Identification Number: CAD072953771 • California General Engineering Contractor: Class A License No. 617639 • Cal EPA/DTSC Transportable Treatment Unit Under Conditional Exemption: UPSDW1 • Hazardous Substance Removal & Remedial Actions Certification: License No. 617639 • Demoiltion Contractor: License No. 617639 • Traffic Control Contractor: License No. 617639 • SCAQMD Rule 1166 Contaminated Soil Mitigation Pian Company: Plan ID 576918 • OSHA Trench and/or Excavation: Permit No. 2015-904435 • Contractor State License Asbestos Certification: License No. 617639 Vnited Stoat Water • Hazardous Waste Transporter Registration Number: 4034 • EPA Identification Number: CAR000064931 • Callfomia General Engineering Contractor: Class A License No. 768583 • Cal EPA/DTSC Transportable Treatment Unit Under Conditional Exemption: USWDWI • SCAQMD Rule 1166 Contaminated Soil Mitigation Plan Company: Plan ID 525397 • OSHA Trench and/or Excavation Permit Number: 2015906094 5 25K-46 ATTACHMENT B TRANSPQRTATION EgUIIPMENT LISTING 5 each 120 Barrel Mild Steel Vacuum Tankers 13 each 120 Barrel Stainless Steel Vacuum Tankers 2 each 60 Barrel Stainless Steel Vacuum Tankers 3 each 50 Barrel Stainless Steel Vacuum Tankers 2 each 120 Barrel Lined/Fiberglass Vacuum Tankers 1 each 142 Barrel Stainless Steel 3 -Compartment Tanker 6 each 48' Enclosed Vans (drum hauling) 5 each 48' Drop Deck Trailers 9 each Vaotor Trucks, WeWry (4500-7500 C.F.M.) 3 each Vector and Jetter Combo Trucks, Wet only 12 each Vactron Trucks 9 each Semi -End Dumps, Demo Dumps (swinging back door) 11 each (toll -Off Truck & Trailers 7 each Emergency Response Utility Trucks with Litt Gate 24 each Stakebed Trucks with Liftgate Hydraulic Hoists & Arrow Boards 16 each Pick -Up Trucks 1 each Bio Trailer 6 25K-47 ADDITIONAL, EQUIPMENT 720 each Roll -Off Bins (10 to 40 cu yd capacity, dry waste and lined dewatering bins) 20 each Portable Liquid Storage Tanks (2,000 to 10,000 gal capacity) 12 each Various Washing Equipment & Pressure Washers (3,000 psi) 5 each Hydrotech High Pressure Heated Wash Units 8 each Generators (10 K and 6.5 K) 8 each Air Compressors (160.180 CFM) 2 each Plasma Cutters 5 each Acetylene Units 8 each Forklifts (4,000 IN thru 12,000 lbs) 1 each Kabota 4WD Tractor Front End Loader and Accessories 1 each 950 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) 1 each Minnie Excavator Open Qty Safety Gear (Cascade Breathing Air Systems SCBNs, Protective Clothing, P.P.E.) 2 each Drum Crushers 10 each Wilden M-8 Pumps to M-15 Pumps 6 each Jetter Units (Towable) 4000 psi Pressure Washer 4 each Six (6) Person Air Purification Panels Misc. United has 24 hour access to any rental equipment in the marketplace, 7 25K-48 TRAFFIC CONTROL 9QUIPMENT 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 150 each Barricades with CalTrans Approved Warning Lights Type A, B, & C 200 each Associated Construction Signs with Changeable Lettering Features 6 each Stakebed with Truck Mounted Crash Cushions (TMCCd) (Attenuater or Shadow Trucks) 25K-49 RATES OPERATED EQUIPMENT— INCLUDES OPERATOR — INCLUDES ALL FUEL AND INSURANCE FEES ITEM NO. EQUIPMENT RATE '" NOTE: Overtime = Rate Plus $20,00/hr Holiday= Rafe Plus $50.00/hr ***** 101 Vacuum Truck, 50 BBLS Mild Steel $ 97.20 102 Vacuum Truck, 50 BBLS Stainless Steel $ 99.60 103 Vacuum Truck, 120 BBLS Mild Steel $ 99.60 104 Vacuum Truck, 120 BBLS Stainless Steel $106.80 114 Vacuum Truck,120 BBLS Fiberglass Unod $138,00 107 Vacuum Truck, 142 BBLS 3 -Compartment Stainless Steel $141.60 119 Water Truck $ 97.20 108 46' Enclosed Van $ 99.60 109 48' Drop Deck $ 99.60 110 End Dump Truck $108.00 131 Dump Truck 2 -Axle $ 94.80 111 Roll -off Truck $ 99.60 112 Rolloff Truck & Trailer (Tandem) $106.80 115 VactarlGuzzler $ 180.00 161 VactarlGuzzler-High hail $196,60 117 Combo VactorlJetter Truck $ 2040 124 Vaotron $102.00 1128 Tractor for Spill Response Trailer (mobilization & demobilization) $ 93,60 E 25K-50 OPERATED EQUIPMENT — INCLUDES OPERATOR — INCLUDES ALL FUEL AND INSURANCE FEES ,CONTD. ITEM NO. EQUIPMENT RATE **""* NOTE., Overtime n Rate Plus $20.00/hr H011day = Rate Plus $50-00/hr **"** _ 495 Mini -Me 125 Cushion Truck 11.6 Backhoe/Cat 950 Loader Transport 604 Overnight Demurrage on Vacuum Tanker 604A Overnight Demurrage on End Dump or Dry Van NOTES: $ 99.60 $128.60 $135.60 $250.00/day $ 50.00/day + Prevailing Wage Surcharge $ 40,00/hr When Prevailing Wage Rates or Davis Bacon Wage Rates apply there will be an additional charge of $40,00 per hour for all personnel and/or operated equipment, + 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 4 + 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. 10 25K-51 UNOPERATED EQUIPMENT— OPERATOR BILLED SEPARATELY ITEM NO. EQUIPMENT RATES TRAFFIC CONTROL EQUIPMENT 127 Arrow Board $ 60,OOlday LOADING/EXCAVATING EQUIPMENT 201 950 Loader $125.001hr 126 Traffic Cones $ 1.001day/ea 129 Traffic Signs $ 6.00/day/ea PERNNNEL/EMERGENCY RESPONSE UNITS — INCLUDES ALL FUEL AND INSURANCE FEES 266 Mini Excavator with Trailer $ 65.00/hr 152 Pickup Truck $ 24.001hr 153 Utility Truck (E,R.) $ 4$.00/hr 154 Company Auto $ 21.601hr 155 Stakebed Truck W/Liftgate $ 42.001hr 1568 Stakebed Truck W/Liftgate (40 Mile Radius) $ 260.001day 157 Biowaste Trailer $ 200,OOlday 120A 50' Incident Response Trailer $ 900,00/day 120E 36' Incident Command Center Trailer $ 600.001day LOADING/EXCAVATING EQUIPMENT 201 950 Loader $125.001hr 202 446 Backhoe $ 75.00/hr 203 Backhoe Breaker or Compactor Attachment $ 425,001day/ea 197 Excavator (Cat 330) $145:00/hr 266 Mini Excavator with Trailer $ 65.00/hr 204 Bobcat Loader with Trailer $ 55.00/hr 205 Bobcat Loader Auger Attachment $125,OOlday 11 25K-52 UNOPERATED EQUIPMENT — OPERATOR BILLED SEPARATELY, CONTD. ITEM NO. EQUIPMENT RATES 206 Bobcat Loader Sweeper Attachment $125.00lday 207 Bobcat Loader Backhoe Attachment $175,00/day 198 Bobcat Loader Grappler Attachment $125,00/day 208 Bobcat Loader Breaker Attachment $ 200,00/day 211 Shovel, push broom, squeegee, or scraper $ 6,00/day 226 Wheelbarrow $ 13.00/day CORINGISAMPLING EQUIPMENT 264 Concrete Caring Machine (6" max. dia,) $150.00/day 265 Mand Auger Kit (excluding brass sleeves) $150.001day 266 Brass Sample Sleeve $ 5A0/ea. 1.2 25K-53 PERSONNEL ITEM NO, STAFF POSITION "NOTE; Overtime= Rate Plus $16.001hr Daubletfine =Rate Plus $3YA0/hr **"** 300 Environmental Safety Coordinator 301 Supervisor 3011 Equipment Operator 302 Technician 304 Administrative Clerk 305 Chemist/Industrial Hygienist 306 Project Manager 520A Ostia Required Confined Space Rescue Trained Specialist 520 Confined Space Gear NOTES: 2M $ 75.00 $ 52.00 $ 52.00 $ 47.00 $ 42.00 $195.00 $ 57.00 $ 97.00 $350.00/per/crew • Prevailing Wage Surcharge $ 40.00lhr When Prevailing Wage Rates or Davis Bacon Wage Rates apply there will be an additional charge of $40.00 per hour for all personnel and/or operated equipment. • Straight Time: The first 8 hours worked between 7:00 a.m. and 5:00 p.m., Monday through Friday. • Overtime: Any period worked more than 8 hours and less than 112 hours between 7:00 a,m. and 5:00 p.m. Monday through Friday; any period prior to 7:00 a.m. or after 5:00 p.m. Monday through Friday; and the first 12 hours worked on a Saturday. • Double Time: 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 minimum applies to all equipment and personnel called out. 13 25K-54 UNOPERATED EQUIPMENT - MISCELLANEOUS ITEM N0, EQUIPMENT RATES 213 Forklift (4000 thru 6000 lbs, capacity) with Trailer $ 295.00/day 217 110.150 CFM Air Compressor $160.00/day 2178 375 CFM Air Compressor $ 250.00/day 255 9.2 CFM Air Compressor $140.001day 218 Extension Ladder 28' $ 78.00/day 219 Folding Ladder 32' $ 65.00/day 220 Folding Ladder 8' $ 35.00/day 256 plasma Cutter $175.00/day 221 Cutting Torch $150.001day 222 Chain Saw (16") $ 70.00/day 226 Miscellaneous Tools (ropes, buckets, wrenches) $ 40.00/day 228 Concrete Saw (includes 1 blade) $120.00/day 228A Concrete Saw Additional Blade $, 45,00/ea 267 Gas Cut Off Saw $100.00/day 267A Gas Cut Off Saw Additional Blades $ 45.00/ea 229 Hydraulic Drum Turner $ 250.00/day 230 Gasoline Soil Tamper $ 45.00/day 231 Jack Hammer (electric) $100.00/day 232 Jack Hammer (air activated) $ 80.00/day 233 Rivet Buster/Chipper (includes 1 bit) $ 70.00/day 234 Rivet BustedChlppor Extra Bits $ 15.00lea 235 Rotary Hammer $ 80.00/day 240 Hazoat Test $ 55.00/test 14 25K-55 UNOPERATED EQUIPMENT— MISCELLANEOUS, CONTO, ITEM NO, EQUIPMENT RATES 241 Hazcat Kit $175.00/day 236 Rall -About Tool Box (Includes assorted tools) $ 250.00/day 237 Sawzall/Skill Saw $ 60.00/day 237A Sawzail/Skill Saw Extra Blade $ 14.00/ea 210 10 K Generator $ 90,00/day 243 3.6 K Generator $ 75.00/day 245 3 Inch Trash Pump $ 90.00/day 246 Widen M Series Diaphragm Pump $ 100.00/day 248 1 11/2' Submersible Pump $ 75.00/day 842 Disposable Hand Pump $ 54,00/each 260 Bypass Plug 11/2'-4" $110.00/week 261 Bypass Plug 41%"-12" $140.00/week 2.62 Bypass Plug 13"-24" $ 300.00/week 263 Bypass Plug 25"-40" $ 530.00/week 839A Magnetic Patch- Small $ 500.00/day 839E Magnetic Patch Large $1,000,00/day 250 Auxiliary Lighting — Excluding Power Source $ 75.001day/ea 251 Portable Light Plant $ 160.00/day 257 Fire Hose 50'x 21/x" $ 30.00/day 258 Discharge Hose 25'x 3" $ 40.001day 15 25K-56 UNOPERATED CLEANING EQUIPMENT ITEM NO. EQUIPMENT RATES 489 Jetter Unit, Towable (4000 psi) $ 70.00/hr 488 Hydrotech High Pressure Wash Unit $ 55,00/hr 488A Hydro -Dig Attachment $ 200.00/day 402 Steam Cleaner $ 35,00/hr 411 Pressure Washer- Hot Water (3600 psi) $175,00/day 209 Pressure Washer (2500 — 3000 psi) $175,00/day 403 Mercury Vacuum (Hope Vac) $150.00/day 412 Wet pry Vacuum —16 gal $ 35.00/day 413 Dustless Bead Blaster, Walk Behind (media not included) $ 75.00/hr 414 Hard Boom $ 6.00/ft/day 16 25K-57 ITEM UNOPERATED SAFETY EQUIPMENT NO. EQUIPMENT RATES 500 Bottled Air, 300 cu. ft, Cylinder $ 90,00/day 501 Self -Contained 60 Minute Scott Air Pack $ 120.00/day 502 Extra 60 Minute Scott Air Cylinder $ 60.001day 505 300 Cubic Feet or 60 Minute Cylinder Recharge $ 85.00/ea 507 Hazardous/Aoid Suit (Level A) $ 225.00lday 508 Hazardous Suit (Level B) $ 85,00/day 509 Positive Pressure Mask W/Egress & Air Line $ 55.00/day 409 Tripod Manllft $ 45.00/day 510 Lifeline & Safety Harness $ 50.00Iday 404 Air Gas Monitor $ 90.00/day 511 Dual Cartridge Half -Face Respirator $ 20.00/day 512 Dual Cartridge Full -Face Respirator, $ 35,00/ea 837 Respirator Cartridge $ 20,00/ea 408 Air Blower (Electric) $ 35,00/day 415 Venturi Air Blower (air compressor not included) $140,00/day 405 Draeger Tester Pump $ 30,001day 407 Draeger Test Tubes $ 15,00/ea 520D Pre & Post Lead Exposure Blood Test $ 75.00/ea 17 25K-58 ITEM RENTAL EQUIPMENT RATES NO. 600 Roll -off Sin Rental, 10-16 Yard Bins $ 8.00/day 600A Dewatering Bin Rental $ 26.00/day 601 Roll -off Bin Rental, 20.40 Yard Bins $ 12,00/day 857 Roll -off Bin Liner, Plastic $ 30.00/ea 868 Bin Dewater Liner: Fabric (130 micron) $ 225,00/ea 606 Portable Black Iron Tank Rental, Skid Mounted (7500 — 10000 gal) $ 20.001day 603 Roll -off Bin Delivery (40 mile radius) $ 250,00/ea 604 Overnight Demurrage on Vacuum Tanker $ 300,00/day 604A Overnight Demurrage on End Dump or Dry Van $100,001day 605 Ramp Rental $ 20,00/pair/day 605A Towable Ramp Rental $ 100,00/day DISPOSAL CHARGES 700 Disposal Fee Cost Plus 0% 701 Disposal Service Charge Cost Plus 20% 702 Washout Fee, Hazardous Waste $ 200.00fea 702A Washout Fee, Non -Hazardous Waste $135.00/ea 702B Facility Washout Fee Cost Plus 20% LABQRATQRY CHARGES 85D Laboratory Analysis Cost Plus 20% 703 U,P,S profile charge (Administrative) $ 60.00104 18 25K-59 ITEM CONSUMMABLES RATES NO, 798 Cement - Regular (90 Ib. bag) $ 13.00/ea 799 Cement — Ready Mix (60 Ib. bag) $ 8.00/ea 801 Rubber Gloves $ 6.50/pair 846 Gloves — Viton(forPCBs) $ 90.00/pair 800 Disposable Tyvek Suit $ 12.00/ea 827 Disposable Tyvek Suit (Poly) $ 18.00/ea 849 Sigel Suit (Acid Suit) $ 60.00/day 848 Rain Gear — Heavyweight $ 22A01ea 851 P.P.E. (gloves, tyvek, and respirator) $ 50.00/day/person 803 Absorbent (Superfine) $ 10.001bag 805 Sorbent Pads $100A0/bale 806 Sorbent Booms (3" or 4" diameter) $ 200.00/bale 808 95 -gallon Overpack Poly Drum (new) $ 260.00/ea 808A 95 -gallon Overpack Poly Drum (reconditioned) $160.00/ea 809 B5 -gallon Overpack Drum (reconditioned) $125.001ea 814 55 -gallon D.O,T, Poly Drum Open Top (new) $ 70.00/ea 810 55 -gallon D.Q.T. Poly Drum Open Top (reconditioned) $ 50.00/ea 811 55 -gallon D.O�T. Poly Drum Closed Top (reconditioned) $ 45.00/ea 819 30 -gallon D.O.T. Poly Drum Open Top (new) $ 66.00/ea 812 30 -gallon D.O.T. Poly Drum Open Top (reconditioned) $ 53.00/ea 818 15 -gallon Poly Drum $ 35.00/ea 807 85 -gallon Overpack Steel Drum (reconditioned) $125.00/ea 19 25K-60 ITEM CONSUMMABLE$, CONTD. RATE$ NO. 802 275 -gallon D,C,T. Poly Tote $ 276.00/ea 813 55 -gallon DA.T, Steel Drum (reconditioned) $ 45.00/ea 820 55 -gallon DA.T, Fiber Drum (reconditioned) $ 50.001ea 82M 55�gailon DAT, Fiber Drum (new) $ 76,001ea 815 30 -gallon DA.T, Fiber Drum $ 70.00/ea 816 20 -gallon D.O,T, Fiber Drum $ 60.001ea 817 5 -gallon D.O.T. Pall (with snap)screw lid) $ 26,00/ea 853 Super Sack $ 65.00/ea 855 Cubic Yard Box With pallet $140.ODlea 821 Soda Ash $ 2.0011b 822 Citric Acid $ 5.00/lb 824 Caustic Soda (flake) $ 2,2511b 829 Caustic Soda (bead) $ 7,501ib 825 Vermiculite $ 60.00/bag 826 Sample Tubes (glass) $ 4.50/ea 831 Harris Caution Tape $ 35.001roll 832 Duct Tape $ 12,00/roll 833 Plastic Sheeting $ 68.00/roll 834 Plastic Bags (heavy duty) $ 1.001e8 835 55 -gallon Drum Liner $ 5.00/ea 836 20" Stretch Film (shrink wrap) $ 70.001roll 837 Respirator Cartridge $ 20.001ea 20 25K-61 ITEM CONSUMMABLES, CONTO, NO, RATES 838 Hazardous Waste Labels $ 0.75/ea 839 Patch Kit $ 40.00/ea 840 Sample Jar $ 6.001ee 841 Rags(box) $ 55.001box 841A Rags (halt box) $ 30,001 %2 box 843 Subsistence: No Layover (8 hr. period) $ 12.001meal/man 844 Subsistence: With Layover $130,00/man 845 Portable Eyewash $ 26.00lday 856 Chlor•D-Teets $ 31.001sa 857 Roll Oft Bin Liner: Plastic $ 30,00/es 858 Hudson Sprayer $ 37,001ea 868 Bin Oewater Liners: Fabric (130 micron) $ 226,001ea 863 Kleen Green / Simple Green $ 11001gal 865 Sand Bag $ 4.00/ea 866 Disposable Flex Hose - 6" $ 2,25/ft 867 Disposable Flax Hose -4" $ 1.501ft 439 Neozyme $ 55.00/gal 876 Gold Crew $ 65A0lgal ITEM OUTSIDE SERVICES OR EQUIPMENT RENTAL RATES NO, 871 Outside Services or Equipment Rental Cast Plus 20% 21 25K-62 Exhibit C Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CEWFIEICA.TIONS NON -COLLUSION AF !DAVIT ('title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham hid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged Information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note; The above Nan -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subjectthe certifier to criminal prosecution. Signed State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this e day of April 2017, by Eduardo Perry Jr., President , proved to me on the basis of satisfactory evidence to be the person(s) who appeared hrfrnv me Notary Public Signature ,.:r,. UlllanVaMwMna Cgmm. Y2t425Sp NotsryPublk CeUforn4 Los Angelso County Comm. Pxplrea rad 29, ]oN7 I Notary Public Seal City of Santa Ana RFP Page A3-1 25K-63 Appendix ATTACHMENT 3-2: NON-I.,OBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub Tecipients shall certify and disclose accordingly. Firm United Storm Water, Inc. Signed and Printed Name: Title Date City of Santa Ana RFP Page A3.2 25K-64 A7'TAGi3MIvNT 3 3�^ N�DNµ�II���i,�1VZIIN'A.�'1C�� C:1�1��IFIIIA'ICTbN The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin, Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including appromlcoship, The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all, provisions of Executive Order 1.1246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of 'investigation, to ascertain compliance with such rules, regulations, and orders, 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law, 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (t) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP W" Page AM 25K-65 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States, 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter, Signed: t/v� Eduardo Perry Jr. �- Title: President Firm: United Storm Water, Inc. Late: City of Santa Ana RFP ^� Page A3.4 25K-66