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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) E%k� -:- 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 '-Fted Mousavipour 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 25P-12 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 25P-14 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