HomeMy WebLinkAbout25P - AGMT - SEWER CLEAN UP SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 19, 2017
TITLE:
APPROVE AGREEMENTS FOR ON-CALL
WATER AND SEWER CLEANUP SERVICES
(RFP 17-120)
(STRATEGIC PLAN NO. 6, 1B)
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CITY\thANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on I� Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute agreements with Houston & Harris PCS,
Inc., and Innerline Engineering, Inc., to provide on-call emergency water and sewer cleanup services, for a
three-year period beginning December 20, 2017, and expiring December 19, 2020, with a provision for
one two-year renewal option exercisable by the City Manager and City Attorney, in an aggregate amount
not to exceed $75,000 annually, subject to nonsubstantive changes approved by the City Manager and
City Attorney.
DISCUSSION
The Public Works Agency Water Resources Division maintains the City's water and sewer systems
comprised of approximately 444 miles of water mains and 390 miles of sewer mains. The proposed
contracts will provide emergency cleanup services on an as -needed basis. The selected contractors will
clean up debris, mud, dirt, and sludge associated with water main breaks and sewer system overflows.
A Request for Proposals (RFP) for on-call emergency water and sewer cleanup services was advertised
on October 19, 2017, on the City's online bid management and publication system. Three proposals were
received and evaluated by a selection committee for content and responsiveness to the RFP. Two firms
scored above the minimum acceptable score of 70. Listed below are the top firms and their respective
scores:
Company Name Location Total Score (%)
Houston & Harris PCS, Inc. Grand Terrace 90.35
Innerline Engineering, Inc. Corona 81.60
Staff recommends Houston & Harris PCS, Inc., and Innerline Engineering, Inc., be retained for on-call
emergency cleanup services. These two firms have demonstrated that they have the experience and
resources needed to respond to a variety of the City's needs.
25P-1
Agreements for On -Call Water and
Sewer Cleanup Services
December 19, 2017
Page 2
DISCUSSION
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 B
(equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe
and aesthetically pleasing for all users).
ENVIRONMENTAL IMPACTS
There is no environmental impact association with this action.
FISCAL IMPACT
Funds are available in the Water Systems Maintenance account (No. 06017641-62300) and the Sanitary
Sewer Services account (No. 05617640-62300), and will be budgeted in subsequent fiscal years. The
estimated fiscal year spending plan is as follows:
Fiscal Year
FY 2017/18
Contract Period
December -June
Maintenance Services
0601 7641-62300 056117640
$18,750
62300:
$18,750
FY 2018/19
July -June
$37,500
$37,500
FY 2019/20
July -June
$37,500
$37,500
FY 2020/21
July -June
$37,500
$37,500
FY 2021/22
July -June
$37,500
$37,500
FY 2022/23
July -December
$18,750
$18,750
Account Total
$187,500
$187,500
CONTRACT TOTAL
$375,000
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Executive Director
Public Works Agency
FM/NS/RR/kr
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibits: 1. Agreement with Houston & Harris PCS, Inc.
2. Agreement with Innerline Engineering, Inc.
25P-2
Exhibit 1
AGREEMENT TO PROVIDE EMERGENCY WATER AND
SEWER CLEAN-UP SERVICES ON AN ON-CALL BASIS
THIS AGREEMENT is trade and entered into this 19th day of December, 2017 by and between
Houston & Harris PCS, Inc. ("Contractor"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California ("City").
RECITALS
A. On October 19, 2017, the City issued Request for Proposal No, 17-120, by which
it sought contractors to provide emergency water and sewer clean-up services on
an on-call basis.
B. Contractor submitted a responsive proposal that was among those selected by the
City. Contractor represents that it is able and willing to provide the services
described in the scope of work that was included in RFP No. 17-120 and attached
as Exhibit A.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under
this Agreement will be performed in compliance with such standards as may
reasonably be expected from a professional contracting 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
On an as -needed basis, and at the sole discretion of City, Contractor shall perform the
services that are described in Exhibit A. Contractor's proposal is incorporated by reference as
though fully set forth herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Contractor under this Agreement. Contractor shall be paid only for actual
services performed under this Agreement at the rates and charges identified in
Exhibit B. Contractor is one of two contractors selected to provide services on an
as -needed basis under RFP No. 17-120. The total annual compensation for
services provided by all contractors selected under RFP No. 17-120 shall not
exceed $75,000 during the term of the Agreement, including any extension
periods.
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 and Scope of Work, which may
reasonably be expected by City.
This Agreement shall commence on December 20, 2017 and terminate on December 19,
2020, unless tenuinated earlier in accordance with Section 17, below. The term of this
Agreement may be extended for one 2 -year period upon a writing executed by the City Manager
and 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
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSI3IP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared
or caused to be prepared by Contractor under this Agreement ("Documents & Data").
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive
and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Contractor represents and warrants that Contractor has the legal right to license any
and all Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts
of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the CITY, its officers, employees,
agents, 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, Contractor, if Contractor has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance. Prior
to commencing the performance of the work under this Agreement, Contractor
agrees to obtain and maintain any employer's liability insurance with limits not
less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $1,000,000 per claim with $2,000,000 in the
aggregate.
C. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect, by
Contractor, without thirty (30) days prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
f. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance
has been procured and is in force and paid for, the City shall have the right, at the
City's election, to forthwith terminate this Agreement. Such termination shall not
affect Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, Contractors, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including death, and claims for property damage, which may arise
from the negligent operations of the Contractor or its 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 slid hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all.
costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or
asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any
legal proceeding. Notwithstanding the foregoing, to the extent Contractor 's services are subject
to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by
Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Contractor.
9.. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the
work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of
all work, data, documents, proceedings, and activities related to this Agreement for a period of
three (3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
infonnation is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to tlus Agreement
26P4a
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
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
Fax 714-647-5635
To Contractor: Houston & Harris PCS, Inc.
21831 Barton Road
Grand Terrace, CA 92313
Attn: Pamela Houston, President
Fax 909-422-0841
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, cornmunication 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.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor 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 Contractor. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not
bind or obligate Contractor 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.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other contractors retained by City.
16. 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.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay
Contractor compensation for all services performed by Contractor prior to receipt of such notice
of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement,
18. 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.
19. 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.
20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
21. 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: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By: ✓
JcbA M. Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL
FRED MOUSAVIPOUR
Executive Director, Public Works Agency
RAUL GODINEZ II
City Manager
CONTRACTOR
Name:
Title:
EXHIBIT A
Appendix
ATTACHMENT 1: SCOPE OF WORK
REQUEST SUMMARY
The City of Santa Ana is soliciting proposals from qualified firms to provide on-call
emergency water and sewer cleanup services on an as -needed basis. The City will
select up to three firms to provide these services.
II. INTRODUCTION AND BACKGROUND
The City of Santa Ana is located in the County of Orange in Southern California and
encompasses 27.2 square miles and a population over 325,000 people.
The City of Santa Ana's Public Works Agency— Water Resources Division oversees and
maintains the daily operations of the Water System and Sanitary Sewer System. The
City of Santa Ana's water system has an average day demand of about 43 MG with
45,000 services. It is comprised of approximately 444 miles of water main, 45 MG of
storage at 5 sites, 7 MWD connections, 21 groundwater wells, 7 pump stations, 4
pressure regulating stations and utilizes 2 pressure zones, The City's sanitary sewer
system has approximately 8,000 manholes, 390 miles of sewer mains and 2 lift stations.
The sewer system collects all sewage and transports it to the Orange County Sanitation
District for treatment.
III. DESCRIPTION OF WORK - GENERAL
The successful contractor shall provide all labor, material, and supplies necessary to
complete cleanup of debris, mud, dirt, and sludge associated with water main breaks and
sewer system overflows (SSO's). Contractor shall provide and maintain in good repair all
equipment necessary to perform the required services and related tasks.
The Contractor shall be available on an on-call basis, 24 hours a day, seven days a week,
with the ability to arrive on-site at the City location within two hours of notification. Regular
business hours are considered from 7am to 5 pm (Monday through Friday). The
Contractor shall haul and dispose of the vacuumed materials and debris to the Orange
County Sanitation District's (OCSD) facilities or an approved waste handling facility.
The Contractor shall be an independent Contractor capable of providing
experienced, knowledgeable and professional staff. The Contractor shall be
responsive and maintain excellent working relationships with city residents,
businesses, government officials and City staff. The Contractor shall provide
adequate staffing levels at all times and adhere to established schedules.
IV. DESCRIPTION OF WORK — SEWER EMERGENCY CLEANUP SERVICES
25P-11
Several actions must be taken to properly cleanup and mitigate potential effects,
including, but are not limited to:
• Use straw waddle and/or sandbags to protect storm drain from debris, install straw
wattle on site;
• Application of absorbent material;
• Removal of contaminated soil and used absorbent;
• Flushing the SSO site including gutters and affected area with clean water;
• Vacuum all wash down water into the Contractor's vacuum truck.
V. DESCRIPTION OF WORK— WATER EMERGENCY CLEANUP SERVICES
Several actions must be taken to properly cleanup and mitigate potential effects,
including, but are not limited to:
• Use straw waddle and/or sandbags to protect storm drain from debris, install straw
wattle on site;
• Cleanup of debris on the roadways, mud/debris on the roadway;
• Vacuum all wash down water into the Contractor's vacuum truck.
VI. DISTRIBUTION OF WORK
The Contractor(s) selected for this work shall provide written, "not to exceed" estimates
as requested by the City for services. These estimates shall include: number of
employees, job classifications, equipment, estimated material costs, and number of
hours required for the waste cleanup job. All hours worked and paid under this contract
shall be for productive hours at the job site. All commuting to and from the work site,
and or mobilization of equipment shall not be charged directly. But, shall be considered
overhead and include in the rate for labor. No additional compensation will be allowed.
It shall be the Contractor's responsibility to ensure they have all information deemed
necessary to prepare accurate estimates. The contractor shall respond to City requests
for estimates by end of business day. If multiple Contractors have been awarded a
contract, the lowest responsive bid amongst the selected Contractors shall be awarded
the corresponding job order. No work shall be allowed to proceed until authorized by the
City.
VII. PREVAILING WAGE
The Director of the Department of Industrial Relations of the State of California has
ascertained the prevailing rate of per diem wages in dollars, based on a working day of
eight hours, for each craft or type of worker or mechanic needed to execute any
construction or maintenance contract, which may be awarded by Public Works. The
current prevailing wage rates as adopted by the Director of the Department of Industrial
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Relations are incorporated herein by reference and may be accessed at
hftp://www.dir.ca.go .
The Contractor is required to pay the prevailing wage rate referred to above and is
responsible for selecting the classification of workers which will be required to perform
this service in accordance with the Contractor's method of performing the work.
Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit
$50 for each calendar day, or portion thereof, for each worker paid less than the
stipulated prevailing wage rates for any public work done under this Contract or by any
subcontractor.
VIII. SAFETY & HEALTH REQUIREMENT
The Contractor shall comply with the applicable health and safety regulations and
requirements from CAL/OSHA, State of California Construction Safety Orders and the
City of Santa Ana.
IX. TRAFFIC CONTROL
Traffic control shall be the responsibility of the Contractor and shall conform to the
Work Area Traffic Control Handbook (WATCH). Flashing arrow boards shall be
used on arterial streets.
2. All vehicles and or towed equipment shall carry "City of Santa Ana Authorized
Contractor" magnet sign affixed and visible.
3. The Contractor shall comply with all federal, state and local laws, rules,
regulations, ordinances, and statutes, including but not limited to these contract
documents.
X. PROTECTION OF PROPERTY
The Contractor shall perform all work and prevent damage to public and/or private
property. In the event damage occurs, the contractor shall replace and/or repair the
damaged property at no cost to the City. Any cost incurred by the City to repair damage
caused by the contractor or their subcontractors and repaired by City staff shall be the
responsibility of the Contractor and will be deducted from any outstanding balances.
XI. UNSATISFACTORY WORK
In the event that work performed by the Contractor is not satisfactory, the Contractor will
be notified by the City and allowed (1) calendar day to correct the deficient work at no
charge to the City.
25P-13
EXHIBIT B
APPENDIX
ATTACHMENT 4: ADDITIONAL PROVISIONS
CERTIFICATION AND PROPOSAL FEE SCHEDULE
Certification - I certify that I have read, understand and agree to the terms and condition of this Request
for Proposals. I have examined the Scope of Services (Appendix A) and am familiar with the scope of
work. I am familiar with all the existing conditions and limitations that may impact work requests. I
understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the
City for clarification prior to the submission of my proposal.
Proposal Item Price — Pricing shall be based on an (hourly cost, time and materials basis — see
narrative) for services described In Appendix A. Fee must be inclusive of all costs, including, but
not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel.
Any special materials will be purchased by the contractor only after discussed and authorized by the
City projects manager or designee in writing.
schedule.
ON-CALL EMERGENCY WATER AND SEWER CLEANUP SERVICES
FEE SCHEDULE
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
Houston & Harris PCS, Inc.
FROM:
REQUIREMENT:
The undersigned declares that he/she has carefully examined the request for proposal, that he/she
has examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all
the work required to complete the said work in accordance with said Proposed Scope of Services, for
the unit price(s) set forth in the following schedule:
Item
Bid Item
UnitQuantit
Unit Price
Total
1
Vacuum Truck - regular business hours
Staffed
HR
8
s 325.00
$ 2,600.00Full
2
Vacuum Truck - after
hours/weekends/holidays
Fully Staffed
HR
8
$ 508.00
$ a,oea.00
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Item
Bid Item
Unit
Quantity
Unit Price
Total
3
Pressure Washer Truck — regular business
hours
Full Staffed
HR
8
$ 325.00
$ 2,600.00
4
Pressure Washer Truck - after
hours/weekends/holidays
Fully Staffed
HR
8
508.00
$
$ 4,064.90
Houston 8 Harris PCs, Inc.
P 909-422-8990 F 909-422-0841
Legal Name of Company Phone and Fax Numbers
21831 Barton Road, Grand Terrace, CA 92313
Business Address
Pamela Houston President
Name of authorized agent Title
(Printed)
11-14-2017
of authorized agent Date
46-0495452
Federal ID number (if applicable)
phouslon@houstonandharris.com
Address
884167
Contractor license number (if applicable)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
25P-15
HOURLY RATE SCHEDULE PER JOB CLASSIFICATION AND EQUIPMENT
Vacuum Truck: Regular Business Hours $ 325.00/hour
Includes two man crew and Vactor truck
Vacuum truck: After hours, weekends and holidays $ 508.00/hour
Includes two man crew and Vactor truck
Pressure Washer Truck: Regular Business Hours $ 325.00/hour
Includes two man crew and Pressure washer truck
Pressure Washer Truck: After hours, weekends and holidays $ 508.00/hour
Includes two man crew and Pressure washer truck
Houston & Harris has a four (4) hour minimum per vehicle per call -out.
1
Pamela Houston
President
Houston & Harris PCS, Inc.
City of Santa Ana
On -Call Emergency Nater and Setter Cleanup Scnices
RFP NO.: 17-120 -- - - - - — -
21831 Barton Road
61 Grand Grand Terrace CA 92313
A 909d1j.V� 9019 -0841 F
CA N V
Exhibit 2
AGREEMENT TO PROVIDE EMERGENCY WATER AND
SEWER CLEAN-UP SERVICES ON AN ON-CALL BASIS
THIS AGREEMENT is made and entered into this 19th day of December, 2017 by and between
Innerline Engineering, Inc. ("Contractor"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California ("City").
RECITALS
A. On October 19, 2017, the City issued Request for Proposal No. 17-120, by which
it sought contractors to provide emergency water and sewer clean-up services on
an on-call basis.
B. Contractor submitted a responsive proposal that was among those selected by the
City. Contractor represents that it is able and willing to provide the services
described in the scope of work that was included in RFP No. 17-120 and attached
as Exhibit A.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under
this Agreement will be performed in compliance with such standards as may
reasonably be expected from a professional contracting 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
On an as -needed basis, and at the sole discretion of City, Contractor shall perform the
services that are described in Exhibit A. Contractor's proposal is incorporated by reference as
though fully set forth herein.
2. COMPENSATION
a. City neither warrants nor guarantees any rninimum or maximum compensation to
Contractor under this Agreement. Contractor shall be paid only for actual
services' perfonned under this Agreement at the rates and charges identified in
Exhibit B. Contractor is one of two contractors selected to provide services on an
as -needed basis under RFP No. 17-120. The total annual compensation for
services provided by all contractors selected under RFP No. 17-120 shall not
exceed $75,000 during the tenn of the Agreement, including any extension
periods.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work perfonned, 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 and Scope of Work, which may
reasonably be expected by City.
3. TERM
This Agreement shall commence on the December 20, 2017 and terminate on December
19, 2020, unless terminated earlier in accordance with Section 17, below. The term of this
Agreement may be extended for one 2 -year period upon a writing executed by the City Manager
and 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
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared
or caused to be prepared by Contractor under this Agreement ("Documents & Data"),
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive
and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Contractor represents and warrants that Contractor has the legal right to license any
and all Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Doctunents 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.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts
of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the CITY, its officers, employees,
agents, 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, Contractor, if Contractor has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance. Prior
to commencing the performance of the work under this Agreement, Contractor
agrees to obtain and maintain any employer's liability insurance with limits not
less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $1,000,000 per claim with $2,000,000 in the
aggregate.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in fall 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
Contractor, without thirty (30) days prior written notice to the City,
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
f. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance
has been procured and is in force and paid for, the City shall have the right, at the
City's election, to forthwith terminate this Agreement. Such termination shall not
affect Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, Contractors, special counsel, and representatives froin liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including death, and claims for property damage, which may arise
from the negligent operations of the Contractor or its 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 tWs Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or
asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any
legal proceeding. Notwithstanding the foregoing, to the extent Contractor 's services are subject
to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by
Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Contractor.
l
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the
work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours, Contractor shall allow inspection of
all work, data, documents, proceedings, and activities related to this Agreement for a period of
three (3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. 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
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
Fax 714-647-5635
To Contractor: Innerline Engineering, Inc.
535 Princeland Court
Corona, CA 92879
Attn: Rafael Padilla, President/CEO
Fax 951-380-8680
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.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor 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 Contractor. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not
bind, or obligate Contractor or the City. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein.
25PQ122
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other contractors retained by City.
16. 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.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay
Contractor compensation for all services performed by Contractor prior to receipt of such notice
of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement,
18. 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.
19. 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.
20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
21. 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: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
VA
�m Il
uFO
Assistant City Attorney
RECOMMENDED FOR APPROVAL
FRED MOUSAVIPOUR
Executive Director, Public Works Agency
RAUL GODINEZ II
City Manager
CONTRACTOR
Name:
Title:
2PSPQ24
EXHIBIT A
Appendix
ATTACHMENT 1: SCOPE OF WORK
REQUEST SUMMARY
The City of Santa Ana is soliciting proposals from qualified firms to provide on-call
emergency water and sewer cleanup services on an as -needed basis. The City will
select up to three firms to provide these services.
11. INTRODUCTION AND BACKGROUND
The City of Santa Ana is located in the County of Orange in Southern California and
encompasses 27.2 square miles and a population over 325,000 people.
The City of Santa Ana's Public Works Agency — Water Resources Division oversees and
maintains the daily operations of the Water System and Sanitary Sewer System, The
City of Santa Ana's water system has an average day demand of about 43 MG with
45,000 services. It is comprised of approximately 444 miles of water main, 45 MG of
storage at 5 sites, 7 MWD connections, 21 groundwater wells, 7 pump stations, 4
pressure regulating stations and utilizes 2 pressure zones. The City's sanitary sewer
system has approximately 8,000 manholes, 390 miles of sewer mains and 2 lift stations.
The sewer system collects all sewage and transports it to the Orange County Sanitation
District for treatment.
III. DESCRIPTION OF WORK - GENERAL
The successful contractor shall provide all labor, material, and supplies necessary to
complete cleanup of debris, mud, dirt, and sludge associated with water main breaks and
sewer system overflows (SSO's). Contractor shall provide and maintain in good repair all
equipment necessary to perform the required services and related tasks.
The Contractor shall be available on an on-call basis, 24 hours a day, seven days a week,
with the ability to arrive on-site at the City location within two hours of notification. Regular
business hours are considered from lam to 5 pm (Monday through Friday). The
Contractor shall haul and dispose of the vacuumed materials and debris to the Orange
County Sanitation District's (OCSD) facilities or an approved waste handling facility.
The Contractor shall be an independent Contractor capable of providing
experienced, knowledgeable and professional staff. The Contractor shall be
responsive and maintain excellent working relationships with city residents,
businesses, government officials and City staff. The Contractor shall provide
adequate staffing levels at all times and adhere to established schedules.
IV. DESCRIPTION OF WORK — SEWER EMERGENCY CLEANUP SERVICES
25P-25
Several actions must be taken to properly cleanup and mitigate potential effects,
including, but are not limited to:
• Use straw waddle and/or sandbags to protect storm drain from debris, install straw
wattle on site;
• Application of absorbent material;
• Removal of contaminated soil and used absorbent;
• Flushing the SSO site including gutters and affected area with clean water;
• Vacuum all wash down water into the Contractor's vacuum truck.
V. DESCRIPTION OF WORK — WATER EMERGENCY CLEANUP SERVICES
Several actions must be taken to properly cleanup and mitigate potential effects,
including, but are not limited to:
• Use straw waddle and/or sandbags to protect storm drain from debris, install straw
wattle on site;
• Cleanup of debris on the roadways, mud/debris on the roadway;
• Vacuum all wash down .water into the Contractor's vacuum truck.
VI. DISTRIBUTION OF WORK
The Contractor(s) selected for this work shall provide written, "not to exceed" estimates
as requested by the City for services. These estimates shall include: number of
employees, job classifications, equipment, estimated material costs, and number of
hours required for the waste cleanup job. All hours worked and paid under this contract
shall be for productive hours at the job site. All commuting to and from the work site,
and or mobilization of equipment shall not be charged directly. But, shall be considered
overhead and include in the rate for labor. No additional compensation will be allowed.
It shall be the Contractor's responsibility to ensure they have all information deemed
necessary to prepare accurate estimates. The contractor shall respond to City requests
for estimates by end of business day. If multiple Contractors have been awarded a
contract, the lowest responsive bid amongst the selected Contractors shall be awarded
the corresponding job order. No work shall be allowed to proceed until authorized by the
City.
V11. PREVAILING WAGE
The Director of the Department of Industrial Relations of the State of California has
ascertained the prevailing rate of per diem wages in dollars, based on a working day of
eight hours, for each craft or type of worker or mechanic needed to execute any
construction or maintenance contract, which may be awarded by Public Works. The
current prevailing wage rates as adopted by the Director of the Department of Industrial
25P-26
Relations are incorporated herein by reference and may be accessed at
http://www.dir.ca..qov/.
The Contractor is required to pay the prevailing wage rate referred to above and is
responsible for selecting the classification of workers which will be required to perform
this service in accordance with the Contractor's method of performing the work.
Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit
$50 for each calendar day, or portion thereof, for each worker paid less than the
stipulated prevailing wage rates for any public work done under this Contract or by any
subcontractor.
VIII. SAFETY & HEALTH REQUIREMENT
The Contractor shall comply with the applicable health and safety regulations and
requirements from CAL/OSHA, State of California Construction Safety Orders and the
City of Santa Ana.
IX. TRAFFIC CONTROL
Traffic control shall be the responsibility of the Contractor and shall conform to the
Work Area Traffic Control Handbook (WATCH). Flashing arrow boards shall be
used on arterial streets.
2. All vehicles and or towed equipment shall carry "City of Santa Ana Authorized
Contractor' magnet sign affixed and visible.
3. The Contractor shall comply with all federal, state and local laws, rules,
regulations, ordinances, and statutes, including but not limited to these contract
documents.
X. PROTECTION OF PROPERTY
The Contractor shall perform all work and prevent damage to public and/or private
property. In the event damage occurs, the contractor shall replace and/or repair the
damaged property at no cost to the City. Any cost incurred by the City to repair damage
caused by the contractor or their subcontractors and repaired by City staff shall be the
responsibility of the Contractor and will be deducted from any outstanding balances.
XI. UNSATISFACTORY WORK
In the event that work performed by the Contractor is not satisfactory, the Contractor will
be notified by the City and allowed (1) calendar day to correct the deficient work at no
charge to the City.
Appendix
25P-27
EXHIBIT B
ATTACHMENT 4: ADDITIONAL PROVISIONS
CERTIFICATION AND PROPOSAL FEE SCHEDULE
Certification -1 certify that I have read, understand and agree to the terms and condition of this Request
for Proposals. i have examined the Scope of Services (Appendix A) and am familiar with the scope of
work. I am familiar with all the existing conditions and limitations that may impact work requests. I
understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the
City for clarification prior to the submission of my proposal.
Proposal Item Price — Pricing shall be based on an (hourly cost, time and materials basis —.see
narrative) for services described in Appendix A. Fee must be inclusive of all costs, Including, but
not limited to, direct and Indirect costs for labor, overhead, Incidental supplies, travel, mileage, and fuel.
Any special materials will be purchased by the contractor only after discussed and authorized by the
City projects manager or designee in writing,
ON-CALL EMERGENCY WATER AND SEWER CLEANUP SERVICES
FEE SCHEDULE
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM:Y�Y�ed�iYti2 �Y��iYll^^i'lq
REQUIREMENT:
The undersigned declares that he/she has carefully examined the request for proposal, that he/she
has examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all
the work required to complete the said work in accordance with said Proposed Scope of Services, for
the unit price(s) set forth in the following schedule:
Item
1
Bid Item
Vacuum Truck - regular business hours
Fuli Sfaffod
Unit
HR
Quanti
8
Unit Price
$580
Total
� � 1p p
2
Vacuum Truck after
hours/weekends/holidays
HR
8
$ air
$ rJ41LOD
,Fully Staffed
25P-28
Item
8
Bid Item
Pressure Washer Truck— regular business
Unit
HR
Quantity
Unit Price
Total
hours
8
$ las
Full Staffed
4
Pressure Washer Truck - after
HR
8
hours/weekends/holidays
Fully
$�C�
$ IN
Staffed
Name
53(5 q
Business P
Name of
(Printed)
2)—aog— lr;'ol$ R51-380-&020
and Fax Numbers
ature of authorized agent Date E-mail Address cJ
3- bgo�'Za�
-19041E
deral ID number (if applicable) Contrantnr liranaa ni imhcr Iif or nrn IJ
THIS, FORM MUST BE COMPLETED AND INCLUDED WITH THE. PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE
25P-29
� I
(800)209-0000
PIPELINE VIDEO INSPECTION, CLLANING AND CONSULT11
Fee Schedule — Prevailing Wage
Video Inspection Services (Include Deliverables)
Video Inspection vehicle with operator and necessary equipment, on site 8 hours. 4 hour
minimum applies to site time.
$373.00 per hour
Video Inspection vehicle with operator and necessary equipment, overtime rate after 8 hours up
to 12 hours onsite time
$395.50 per hour
Video Inspection vehicle with operator and necessary equipment, overtime rate over 12 hours
onsite.
$418.00 per hour
Daily Inspection vehicle and fuel surcharges.
$291.25
High Pressure cleaning and vacrrnn: services
Combination hi pressure cleaning/vacuum truck with operator and necessary tooling, onsite 8
(tours. 4 hour minimum onsite time
$373.00 per hour
Combination Iii pressure cleaning/vacuun truck with operator and necessary tooling, overtime
rate after 8 hours up to 12 hours onsite.
$395.50
Combination hi pressure cleaning/vacuum truck with operator and necessary tooling, overtime
rate over 12 hours onsite.
$418.00 per hour
Daily combination hi pressure cleaning truck portal and fuel surcharges.
$428.75
Pipeline Locating services additional to video inspection services.
Locating services with video inspection, 8 Hours onsite. 4 hour minimum onsite Additional
$188.00 per hour
Locating services with video inspection overtime rate after 8 hours up to 12 hours.
Additional $291.65 per hour
Locating services with video inspection overtime rate after 12 hours.
Additional $291.25 per Hour
Moblization charge to be negotiated on a project by project bases at a rate of $285.00 per hour
Confine Space Gear and Trailer at $1,200 per day
Pick-up Gear Truck at $750 per day
ER Truck B Supply at $750 per day 25P-30
Supervisor/Confined Space Rescue
$185 per hour (regular)
$205 per hour (overtime)
$215 per hour (double time)
Confine Space Technicians
$180 per hour (regular)
$195 per hour (overtime)
$210 per hour (double time)
25P-31
25P-32