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Home My WebLink About25G - AGMT FIR 5 YR STORAGE TANKREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2020 TITLE: APPROVE AGREEMENT WITH TAIT ENVIRONMENTAL SERVICES, INC., FOR A FIVE YEAR TERM FOR UNDERGROUND STORAGE TANK (UST) MAINTENANCE, REPAIR AND TESTING, IN AN AMOUNT NOT TO EXCEED $600,000 (NON -GENERAL FUND) CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sl Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO is/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute an agreement with TAIT Environmental Services, Inc., for maintenance, inspection and testing of underground storage tanks, for period beginning September 1, 2020, and expiring August 31, 2023. The agreement includes a provision for two one-year renewal options exercisable by the City Manager and City Attorney, in an annual amount of $100,000, with an additional annual contingency of $20,000, for an amount not to exceed $120,000 annually. The total agreement amount is not to exceed $600,000, including the renewal options, subject to non -substantive changes approved by the City Manager and City Attorney. The Public Works Agency maintains seven underground fuel storage tanks, located at the Corporate Yard, and the Police Administration Facility. The South Coast Air Quality Management District (AQMD) requires monthly testing and an annual inspection of the underground fuel storage tanks. In addition, State law requires secondary fuel containment testing every three years. The City is required to address any issues identified in the testing and inspections. On April 29, 2020, the Public Works Agency issued a Request for Proposal (RFP) for qualified firms to provide underground storage tank operator services as well as testing, maintenance, and repair services. The RFP was advertised on the City's online bid management and publication system. A total of 29 potential vendors were notified and 23 downloaded the solicitation documents. The scope of work included six underground storage tanks at various fire stations, and because the City no longer maintains those underground storage tanks, the fire stations were removed from the scope of work. Vendors that submitted proposals were notified and all confirmed the rates submitted in their proposals remained the same. Five proposals were received and evaluated by a committee consisting of representatives from various City divisions, including representatives from the Public Works Agency and the Police 25G-1 Approve Agreement with TAIT Environmental Services, Inc. August 18, 2020 Page 2 Department. The proposals were evaluated based on availability and quality of products, contractor experience with similar vendor -owned programs, compliance with request for proposal requirements, and cost. The table below summarizes the results of the four proposals: RANK PROVIDER AVERAGE SCORE 1 TAIT Environmental Services, Inc. 93 2 Fleming Environmental Inc. 90 3 California Hazardous Services 89 4 Fueltec 82 5 Fuel Pros 68 In accordance with the RFP evaluation results, staff recommends awarding an agreement to TAIT Environmental Services, Inc. This vendor is a Santa Ana vendor and is a recognized leader in underground storage tank maintenance, repair, and testing, received the highest score in the evaluation process, and meets all City requirements. The proposal contained a clear path toward achieving City goals and objectives as required by the RFP (Exhibit 1). ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funding for this agreement will be budgeted and available for expenditure annually, for the entire term of the agreement, including renewal options, in the following accounts: FISCAL YEAR ACCOUNTING FUND ACCOUNTING UNIT, AMOUNT UNIT -ACCOUNT DESCRIPTION ACCOUNT DESCRIPTION NUMBER AGREEMENT 3-YEAR TERM 2020-21 City Yard City Yard Operations, September— June 08517138-62300 Operation Contract Services- $50,000 Professional 2020-21 01114403-62300 General Fund Building & Facility, Contract $50,000 September —June (police) Services -Professional 2021-22 City Yard City Yard Operations, July —August 08517138-62300 Operation Contract Services- $10.000 Professional 2021-22 01114403-62300 General Fund Building & Facility, Contract $10,000 July —August (police) Services -Professional Total Annually $120,000 2021-22 September - June Same account distribution as listed above $120,000 2022-23 Same account distribution as listed above $120,000 September - June TOTAL $360,000 OPTIONAL EXTENSIONS 2023-24 Same account distribution as listed above $120,000 25G-2 Approve Agreement with TAIT Environmental Services, Inc. August 18, 2020 Page 3 FISCAL YEAR ACCOUNTING FUND ACCOUNTING UNIT, AMOUNT UNIT -ACCOUNT DESCRIPTION ACCOUNT DESCRIPTION NUMBER July — August 2024-25 Same account distribution as listed above $120,000 July — August GRAND TOTAL $600,000 Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director — Finance and Management Services Agency Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency David Valentin, Police Chief — Police Department Exhibit: 1. Agreement 25G-3 EXHIBIT 1 CONTRACTOR AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18"' day of August, 2020 by and between TAIT Environmental Services, Inc., ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of underground storage tank maintenance, repair and testing pursuant to REP 20-064. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Work - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $600,000 during the term of this Agreement, including any extension periods exercised under Section 3. This sum shall be comprised of $100,000 annually with a contingency amount of $20,000 for a total annual cost of $120,000. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 10 25G-4 3. TERM This Agreement shall commence on September 1, 2020 for a three (3) year term with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Ifthe 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 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 10 25G-5 INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any 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 full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Contractor shall supply City with a fully executed additional insured Page 3 of 10 25G-6 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, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by Page 4 of 10 25G-7 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 interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. hi the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in Page 5 of 10 25G-8 addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. hi such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 6 of 10 25G-9 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's 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. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 Page 7 of 10 25G-10 To Contractor: James D. Streitz Chief Operations Officer 701 N. Parkcenter Dr. Santa Ana, CA 92705 Fax:714-560-8233 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Bass:` Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: Digitally signed bylames D. Si James D. Streitz Deal an ,amesUS5"e'ts,°,on, malr—US Date: 20IDID3114:4225 05'00' James D. Streitz Chief Operations Officer 25G-11 Page 8 of 10 EXHIBIT A SCOPE OF WORK 25G-12 Appendix ATTACHMENT 1: SCOPE OF WORK Fed•] »•] A4T61 N F1 PROJECT OVERVIEW The City of Santa Ana is seeking bids from qualified, experienced contractors to provide Designated Underground Storage Tank (UST) Operator Services as well as testing, maintenance and repair services for its UST fuel sites. The Public Works Agency Central Stores Division currently operates thirteen (13) gasoline, diesel, and waste oil Underground Storage Tanks (USTs) as shown in Attachment 3 and listed below: Corporate Yard (5 UST) — 215 S. Center Street, Santa Ana, CA 92703 Police Department (2 UST) — 60 Civic Center Plaza, Santa Ana, CA 92701 Additional sites may be added during the term of the contract. 7 5 The selected contractor shall become the City's Designated UST Operator for-4-3 city -owned USTs at 2 6 locations throughout the city. Contractor must be a certified California UST System Operator. Services will include 30-Day inspections, annual & triennial testing, conducting City staff training, and scheduled or emergency maintenance and repairs. The selected contractor shall possess sufficient knowledge to assist the City with maintaining compliance with UST regulations and shall adhere to all applicable Federal, State, and Local regulations pertaining to the operations, maintenance, and reporting for UST systems. Contractor shall notify the City within (1) business day of discovering any suspected issue or activity that could potentially cause non-compliance with any applicable regulation(s). DESCRIPTION OF PROJECT The City requires inspection services and maintenance of fuel sites that includes furnishing and delivering parts, supplies, and accessories for gasoline, diesel, and waste oil USTs. Additional miscellaneous items such as pumps, plumbing, tanks, nozzles and monitoring systems may also be requested. The City expects that the contractor will have an adequate supply of replacement parts available on the service trucks. The supplies shall include, but not limited to, various Veeder-Root sensors (at least one of each type), Veeder-Rood probe cables, spill bucket train valves (at least one of each type), City of Santa Ana — RFP 20-064 Fuel Site Designated Operator, Maintenance and Repair Services 250-13 mechanical line leak detector and hanging hardware for a typical Gasoline and Diesel dispenser. The City lists the current equipment in Attachment 4. Contractor shall be licensed and/or certified to perform all inspections, testing, repairs, and alarm responses in compliance with all City, State and Federal regulations and in accordance to Departmental needs. Contractor shall provide proof of certifications at the City's request. Fixed quotes may be required for projects and/or repairs. Contractor shall notify City designee for any work that will exceed $1,000. Contractor shall provide the City with their list of petroleum equipment supply vendors. Written confirmation from the parts vendor shall be provide to the City if the contractor is unable to obtain the parts within 48 hours. Failure to provide written confirmation could result in liquidated damages. Upon completion of any testing, the Contractor shall submit an electronic copy of the test results and printouts to the City designee and the proper regulatory Agency. (Testing and inspections include, but are not limited to the Sites listed in Attachment 3-1). Contractor shall include the City designee on any correspondence with regulatory Agencies and shall notify the City immediately of any failed test results. Under the City's direction, the Contractor may be granted access to the City's California Environmental Reporting System (CERS) account to upload UST -related documents and test results. The Contractor is responsible for disposing all waste generated during testing events. In the event of a waste or material spill that may pose adverse effects to the environment, the Contractor shall notify the City immediately and shall promptly begin spill cleanup and abatement. Contractor's employees working on the UST located at the Police Department will have escorted access and will be continuously monitored while working at the Police Facility. Projects requiring permanent or semi -permanent assignment to the Police Facility for one to eight weeks will require a LiveScan. 1. DESIGNATED UST OPERATOR SERVICES Contractor shall have valid Designated UST Operator(s) certification(s). A list of employee names, qualifications including copies of current International Code Council (ICC) certification(s) and expiration dates for persons conducting the Designated UST Operator services shall be provided with the bid. The City would prefer that the Designated Operator is also an ICC Certified UST Service Technician. The Designated UST Operator shall provide general oversight of the UST program with specific emphasis on regulatory compliance issues. The Designated UST Operator shall fulfill the responsibilities set out in Title 23 of the California Code of Regulation, Chapter 16, Statue 2715 and 2716. Failure to conduct inspections within the required 30-Day timeframe may result in contract termination. As a minimum, the Designated UST Operator's responsibilities shall include: REQUIREMENTS YES NO COMMENTS AND EXCEPTIONS 30-DAY INSPECTION — Inspections shall City of Santa Ana — RFP 20-064 Fuel Site Designated Operator, Maintenance and Repair Services 256-14 include, but not limited to the following: 1. Alarm History — For UST sites monitored with a Veeder Root leak monitoring system, print and review the alarm history for the past month. 2. Alarms — Investigate all leak, liquid level, vacuum, brine, communication and LLD alarms — Determine what caused the alarm and what action was taken in response to the alarm. Confirm that the response was appropriate. For containment -sum liquid alarms that have occurred since the last monthly inspection, review the service call record. If there is no record of a visit by an ]CC -certified service technician, visually inspect the containment sump for the presence of liquid or debris. 3. Inspect Spill Containment — Check for the presence of liquid or debris in the spill buckets. If liquid is present, determine if the liquid is the result of water intrusion or overfill. If necessary, clean affected spill buckets at time of inspection. 4. Sumps - It is the DC's responsibility to open and inspect everyasump (including transition sumps) during the monthly 30-day inspection.andf necessary, clean affected sumps at time of ins ection: , if not previously co feted ani I recorded an ICC certified service technician billed 5. Leak Detection Sensors - All leak in addition to the proposed inspection detection sensors must be redundant and rate, at the proposed Certified Payroll properly placed, meaning each sensor is hourly rate. jS placed so that it is capable of continuously detecting a leak at the earliest possible opportunity. Sensors in LIDCs and sumps must be continuous, tamper -proof, positioned at true vertical and located at the lowest point. 6. Test Overfill Alarm — Test the audible and visual overfill alarm on systems, if equipped. Test output relay, if applicable. 7. Visual Site Inspection — At fueling sites, visually inspect the hoses, breakaways and nozzles for leaks, or seeping, and checking dispensers and card readers for external integrity. If present, inspect aboveground piping and hoses for leaks and seeping. At generator sites, check the day tank, the generator, and all aboveground piping for leaks and seeping. For any deficiencies City of Santa Ana — RFP 20-064 Fuel Site Designated Operator, Maintenance and Repair Services 13 25G-15 observed, notify City designee immediately. Tag out affected fueling positions for any hanging hardware issues observed. 8. Test and Maintenance Documentation - Review documentation to confirm that all testing, maintenance, and certifications have been conducted within the proper time periods. This includes a review of all California State Water Resources Control Board, California Air Resources Board, South Coast Air Quality Management District and local CUPA requirements. 9. Training Verification - Review the Facility Employee Training Log to verify that all Facility Employees have been trained as required. 10. Reports — Compile results of the monthly inspection and suggested corrective action (where applicable) in a typed report (with Veeder Root Alarm History printout) on the Title 23 Appendix VIII form and leave it on site. Also submit an electronic copy of the inspection report and alarm history to the City designee. FACILITY EMPLOYEE TRAINING — In accordance with Title 23 of the California Code of Regulation, Chapter 16, Statue 2715, provide annual training to all existing facility employees, and all new facility employees prior to the City employee assuming their duties. Training shall include, but not limited to the following topics: 1. Best Management Practices a. Record Keeping b. Preventative Maintenance c. Delineation of Responsibility d. Knowing your system and the spill response kit Compliance with all regulations 2. The Monitoring System a. Explanation of how the system is monitored, is redundant, and is continual. b. The Monitoring Panel and how to respond to an alarm, including, but not limited to the name of a contact person for emergencies and monitoring equipment alarms. City of Santa Ana — RFP 20-064 Fuel Site Designated Operator, Maintenance and Repair Services 256-16 3. Spills and Overfill Response — Provide training that covers the procedures to follow in the event of an unauthorized release. a. Emergency Contacts — Location of posted contacts list. b. Proper Operation of the Fueling System where applicable) SITE REPAIR NOTIFICATION — In the event that the Designated UST Operator discovers a sub -standard condition at a UST site or a situation that is non -compliant, the Designated UST Operator shall call the City designee or their representative to initiate a service call to bring the site up to compliance. 2. REQUIREMENTS FOR DESIGNATED UST OPERATOR REQUIREMENTS YES NO COMMENTS AND EXCEPTIONS a) A current California UST System Operator Certification. b) At least four years of experience as a Designated UST Operator for a major Municipality. c) Excellent written and oral communication skills. d) A detailed knowledge of all CUPA and SCAQMD documentation required for USTs in the City of Santa Ana. e) A good working relationship with the local CUPA. f) A detailed knowledge of each of the UST sites listed. g) Excellent references (four total)- Two municipal customers, one industry professional and on Santa Ana -area CUPA inspector(preferably) h) Additional Certifications: California UST Service Technician Certification. Veeder Root (Leve12, 3 or 4) ICC Services Technician Leak Detection City of Santa Ana — RFP 20-064 Fuel Site Designated Operator, Maintenance and Repair Services 25d-17 3. ADDITIONAL REQUIREMENTS REQUIREMENTS YES NO COMMENTS AND EXCEPTIONS a) Contractor, Contractor's Employees and Contractor's Subcontractors shall wear uniforms with company name and employee nametag visible and company vehicle must be properly marked with company name. b) Contractor, Contractor's Employees and Contractor's Subcontractors shall Perform all work in accordance to all City, State, and Federal Safety Standards and Regulations. Contractor shall obtain a copy of the City's Safety Policies and Procedures form the City's Risk Management Office. c) Upon entering the job site, Contractor, Contractor's employees and the Contractor's Subcontractors shall check in with a City employee (in person or by (phone) and document start time on work order. Upon job completion, Contractor shall document time completion and have work order signed by a City Employee. d) The City designee will identify the type of service response required when the request is initiated. d1) EMERGENCY RESPONSE: Phone response within 30 minutes of the initial call. Arrival on site within 2 hours of phone confirmation. d2) NON -EMERGENCY RESPONSE: Confirmation of onsite arrival the next business day. d3) GENERAL SERVICE REQUEST: Service needs to be completed prior to the next Designated Operator Inspection. City of Santa Ana — RFP 20-064 Fuel Site Designated Operator, Maintenance and Repair Services 256-18 ---End of SCOPE OF WORK Section. --- City of Santa Ana — RFP 20-064 Fuel Site Designated Operator, Maintenance and Repair Services 256-19 EXHIBIT B COMPENSATION Page 10 of 10 25G-20 Appendix ATTACHMENT 2: FEE PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer Item Price — Pricing shall be based on a unit cost for services described in Scope of Services. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage and fuel. Any special materials will be purchased by the Contractor only after discussed and authorized by City Public Works Agency in writing. Contractor shall submit additional labor, material and equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. Specify and estimate any other costs associated with the system. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Note: This contract is subject to prevailing wages. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: TAIT Environmental Services, Inc. Item # Bid Item Fee 30 DAY TESTING: 1. Provide a fee to perform all tasks necessary for 30 Day Designated UST Operator Inspection Cost per site $ S424,49 $220.00 ANNUAL TESTING: 2a. Annual Motor Certification, Spill Bucket Test and Line Leak Detector Test 1. Cost per test Cost per site $1.610.00 2. Cost per re -test Cost per $1.385.00 City of Santa Ana — RFP 20-064 Fuel Site Designated Operator, Maintenance and Repair Services 18 Is 25G-21 site 2b. Annual Vapor Recovery Testing 1. Cost per test $1.580.00 2. Cost per re -test $1.355.00 TRIENNIAL TEST (REQUIRED EVERY THREE YEARS): 3. Secondary Containment Testing 1. Cost per test $ 3.670.00 2. Cost per re -test $ 3 370 00 *Re -test cost sections are listed in case the re -test is performed on a different day. 4. Facility Employee Training as per regulations and UST program requirements Cost per Training $-3� $220 00 5 In person attendance at UST Task Force meetings as per UST program requirements. Meetings are normally one hour. Invoice shall be for actual meeting time. Cost shall include travel time to reach location. Cost per Meeting Hour $210.00 LABOR RATE 6a. Same Business Day Service Calls (service calls made by 1:00 p.m. PST). The Contractor shall quote labor rates and provide explanation as required herein: 1. Straight Time On -Site Time ($Prevailinci/Houl $ 150.00 per hour 2. Over Time On -Site Over Time Prevailing/Hour $ 175.00 per hour 3. Double Time: On -Site Double Time $Prevailin /Hour $ 200.00 per hour 6b. Next Business Day Service Calls (Service calls made after 1:00p.m. PST). The Contractor shall quote labor rates and provide explanation as required herein: 1. Straight Time On -Site Time ($Prevailing/Hour)) $ 150.00 per hour 2. Over Time On -Site Over Time ($Prevailing/Hour)) $ 175.00 per hour 3. Double Time: On -Site Double Time ($Prevailing/Hour)) $ 200.00 per hour 4. Travel(Non-Prevailing Wage Drive Time $100.00 per hour Contractor shall define what constitutes Straight Time, Over Time and Double Time: HoudyRatesare based upon Tot QGA Straight Time: (please specify if a minimum time is billed for each call.)There land minimumtimerequirement . Over Time: (please specify when overtime is paid.) overtime is paid in excass of 8 hours (based upon any and all total hours earned forth Double Time: (please specify when double time is paid. For holidays, indicate which holidays.) DoubleT;,e 7 Emergency Service Calls (Response by phone required within 30 minutes and onsite response required within 2 hours of service call). No more than two 2 Service Technicians shall be allowed per service call City of Santa Ana — RFP 20-064 Fuel Site Designated Operator, Maintenance and Repair Services 19 Is Iincurred day). Overtime Is also paid In excess of d upon any & all total hours earned forthe day), or on work performed on Sunday's. Double Time Is applicable on National & Federally Recognized Holidays. 25G-22 without prior approval from the City. 1. Minimum Time Charge (if any) per hour or min $ N/A per hour or Circle one): min (circle one) 2. Hourly Emergency Call Out charge during $150.00 per hour regular business hours (7:30 a.m. — 4:30 p.m., On -Site Time ($Prevailing/H Monday -Friday) 3. Hourly Emergency Call Out charge during non- $ 200.00 per hour business hours (4:31 p.m. — 7:29 a.m., Monday - Friday, weekends and holidays) 4. Travel 1 $100.00 per hour Contractor shall define whether this time includes travel time (flat rate, portal to portal, actual time to reach location billed at an hourly rate, etc.). Travel billed at an hourly rate should be measured in increments of 025 with a maximum of 1 hour one way)_ The above stated hourly rates do not include travel time, rr Alarm Response: Normally, the City is the first to respond to Veeder Root 8 alarms; however, the City may elect to have Contractor respond to alarms 5 independently. Response by phone required within 30 minutes and onsite m response required within 2 hours of service call: a 1. Minimum time charge (if any) $N/A per hour orra minmin circle one 2. During regular business hours (7:30 a.m. — $150.00 per hour th 4:30 .m., Monday -Friday) s 3. During non -business hours (4:31 p.m. — 7:29 $ 185.00 per hour a.m., Monday -Friday, weekends and holidays) 4. Travel 1 $ 100.00 per hour Contractor shall define whether this time includes travel time (flat rate, portal to portal, actual time to reach location billed at an hourly rate, etc.). Travel billed at an hourly rate should be measured in increments of 025 with a maximum of 1 hour one way)_ our) anagement administrative sts, or mileage, rvice truck or terials - anything in dition to the hourly e will be billed as e & Materials per attached hedule of Rates. The above stated hourly rates do not include travel time, m nagement a minis ra ive cos s, or mileage, service ruc or ma ena s - anything in addition to the hourly rate will be billed as Time & Materials per the attached Schedule of Rates. TAIT Environmental Services, Inc. 33-0359360 COMPLETE LEGAL NAME OF COMPANY TAXPAYER I.D. NO. 701 Parkcenter Drive Santa Ana_ CA 92705 BUSINESS ADDRESS STREET CITY/STATE ZIP CODE X & "',Ap Erin Langford Director, Client Relations SIGNATURE OF AUTHORIZED AGENT NAME (PRINT) TITLE elangford@tait.com 714-567-6410 EMAIL ADDRESS PHONE NUMBER 588098 1000017134 CSLB NUMBER DIR REGISTRATION NUMBER City of Santa Ana — RFP 20-064 Fuel Site Designated Operator, Maintenance and Repair Services 20 25G-23 �jjTAIT .01n . ro rnt cnaurn0 p:714/560/8222 w Aait.com Tait Environmental Services, Inc. Schedule of Rates 702 N. Paritcenter Drive, Santa Ana, CA 92705 Field Personnel Classification Hourly Rate Service Technician — Regular (Drive or Office Time) 512, 505, 041, 511,035 $ 100.00 Service Technician — Prevailing Wage 512, 505, 041, 511,035 $ 150.00 Administrative Personnel Senior Project Manager 090 $ 140.00 Project Manager 091 $ 130.00 Assistant Project Manager 125 $ 110.00 Database Manager 503 $ 105.00 Health & Safety Manager 510 $ 100.00 Project Coordinator 507 $ 90.00 Administrative Assistant 039 $ 65.00 Professional Personnel Principal 001 $ 225.00 Senior Engineer/Geologist 020 $ 150.00 Senior Designer & Design Group Manager 141 $ 145.00 Designer 004 $ 105.00 Project Engineer/Geologist 092 $ 110.00 Environmental Scientist 104 $ 100.00 Researcher / Permit Expediter 040 $ 90.00 Environmental Technician 121 $ 70.00 • The Above Labor Rates are Based on an 8-Hour Day. • Time in Excess of 8 Hours will be Charged at the specified Over Time Rate. • Labor for Saturday Work will be Charged at the specified Over Time Rate. • Labor Rates for Sunday and Holiday (Nationally and Federally Recognized Holidays) will be Charged at at the specified Double Time Rate. • Prevailing Wage rates do apply to "Field Personnel', however would be directed by the scope of work. PAGE 1 OF 2 25G-24 �JjTAIT AILING }G 1X1 LIIIIL[IIGE 702 N. Parkcenter Drive, Santa Ana, CA 92705 p:114/560/8222 Lv Aait.core Schedule of Rates (Prevailing Wage), Continued Reimbursable Expenses Materials Furnished Specifically for Project Cost + 15% Equipment Rentals Cost + 15% Subcontractors & Subconsultants Cost + 15% Air Transportation Ticket Cost + 15% Mileage - Electronic Service Trucks, Cars and Light Pickup Trucks $.90 / Mile Truck Charge - $90 / Day Per Diem — Lodging & Meals Per Current Listed GSA Rates + 15% (per project location, for Lodging & Meal Allowance) ;7_Cc7 SARI &a 25G-25