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AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND EMPIRE PIPE CLEANING AND EQUIPMENT, INC .
THIS AGREEMENT FOR PROJECT SERVICES (this "Agreement”) is made between the City of Redondo Beach, a chartered municipal corporation ("City") and Empire Pipe Cleaning and Equipment, Inc., a California corporation (“Contractor" or “Consultant”).
The parties hereby agree as follows:
A. Description of Project or Scope of Services. The project description or scope of services to be provided by Contractor, and any corresponding responsibilities of City or services required to be performed by City are set forth in Exhibit "A”.
B. Term and Time of Completion. Contractor shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".
C. Compensation. City agrees to pay Contractor for work performed in accordance with Exhibit "C”.
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GENERAL PROVISIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Contractor shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Contractor shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials shall be specific for the project herein and shall not be used by the City for any - 2 -
other project without Contractor's consent. Notwithstanding the foregoing, Contractor shall not be obligated to assign any proprietary software or data developed by or at the direction of Contractor for Contractor's own use; provided, however, that Contractor shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Contractor to conduct any inspections Contractor has agreed to perform pursuant to the terms of this Agreement. Contractor shall be solely liable for said inspections performed by Contractor. Contractor shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Contractor hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C”, the City in its sole discretion may, upon notice to Contractor, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. City shall furnish Contractor, to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Contractor's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Contractor.
6. Records. Contractor, including any of its subcontractors, shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Contractor, including any of its subcontractors, shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Contractor's completion of performance of this Agreement. Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be performed and paid for in accordance with the following:
Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/or changed work. Contractor expressly recognizes that other - 3 -
City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the written authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Contractor shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Contractor and the City.
8. Additional Assistance. If this Agreement requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Contractor acknowledges, represents and warrants that Contractor is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement.
Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession.
10. Business License. Contractor shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. In the event of any such termination, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; - 4 -
and (2) necessary materials or services of others ordered by Contractor for this Agreement prior to Contractor’s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by the City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages, if any, sustained by the City by virtue of Contractor's breach of this Agreement.
13. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Contractor further acknowledges, represents and warrants that Contractor has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
14. Indemnity. To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively “Indemnitees”) from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Contractor’s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or - 5 -
damage which was caused by the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees’ active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782(b). Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Contractor shall comply with the requirements set forth in Exhibit "D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws. a. Acknowledgement. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Labor Code Sections - 6 -
1810, 1813 and 1815, and Contractor shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Contractor shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit “E”, which is attached hereto and incorporated by reference.
18. Limitations upon Subcontracting and Assignment. Contractor acknowledges that the services which Contractor shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Contractor, Contractor shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Contractor and subcontractor. Any attempt by Contractor to assign any or all of its rights under this Agreement without first obtaining the City’s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Contractor or twenty-five percent (25%) or more the voting control of Contractor (whether Contractor is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Contractor or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Contractor’s assets occurs, which reduces Contractor’s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Contractor shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Contractor shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
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20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Contractor.
23. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Contractor, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Contractor shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement. - 8 -
30. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
31. Interpretation. Contractor acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
Contractor shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Contractor.
35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
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IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 19th day of September, 2023.
CITY OF REDONDO BEACH, EMPIRE PIPE CLEANING AND EQUIPMENT, a chartered municipal corporation INC., a California corporation
_____________________________ By: _______________________ William C. Brand, Mayor Name:_______________________
Title: _______________________
ATTEST: APPROVED:
_____________________________ _________________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
_____________________________
Michael W. Webb, City Attorney
Craig Van Thyne
Vice-President
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EXHIBIT "A"
SCOPE OF SERVICES
I. CONTRACTOR’S DUTIES
A. SECTION 1 – REQUIRED SERVICES
1. GENERAL
Contractor shall:
a. Provide sewer main line cleaning services, including labor, materials, equipment, vehicles, traffic control, and incidentals as required. b. Remove debris and roots from the pipeline and take all the necessary steps to ensure that no spills of any sewage occur. Pipeline debris includes, but is not limited to, sludge, dirt, sand, rocks, grease, roots and other solid or semisolid materials.
Sewer lines shall be VCP, DIP and PVC and range in sizes from 6 to 18 inches in diameter. Lengths are approximate. Payment will be for actual footage cleaned
2. AMOUNT OF WORK
This Agreement shall not guarantee any specific amount of work, as the need for sewer line cleaning services may increase or decrease depending upon public policy or available funding. However, it is anticipated that Contractor is expected to clean approximately 597,000 lineal feet of sewer lines within the City.
3. CLEANING EQUIPMENT
Contractor shall use a combination of high-velocity hydro-cleaning and vacuum removal equipment that meets the following minimum specifications:
a. A minimum of 900 feet of 1-inch diameter high pressure hydro flushing hose.
b. Two or more high velocity nozzles capable of producing a scouring action from 15 degrees to 45 degrees in all pipe size lines to be cleaned.
Nozzle skids shall be used for the appropriate size of pipe being cleaned.
1. Note Nozzle jet orifices shall be inspected periodically by Contractor and City representative to ensure jet diameter not to exceed 0.0860-inch diameter. Nozzle jets will be considered worn - 11 -
if a 3/32" drill bit can be inserted into the jet orifice. The nozzle shall then be removed from service. For nozzles with replaceable jets, the oversize jets shall be replaced before the nozzle will be used again.
c. A root cutter attachment for pipe sizes ranging from 6 to 18 inches. d. A high-pressure handgun for washing and scouring manhole walls, channels, shelves and manhole cover frames
e. A 1,000-gallon minimum water tank pump and a hydraulically driven hose reel
f. Equipment operational controls located above ground. g. Minimum working pressure of 1,500 pounds per square inch at 60 gallons per minute (G.P.M) rate
h. Centrifugal or positive displacement blower vacuum equipment suitable to remove all debris at the downstream manhole while the hydro flushing is being performed
i. Two (2) two-way hand-held radios or cell phones for communication in easements
4. CLEANING PRECAUTIONS
During sewer cleaning operations, Contractor shall take all necessary and satisfactory precautions to prevent damage or cause flooding of public or private property being served by the sewer. Contractor shall exercise care in the selection and use of the cleaning tools to avoid pipe damage.
Contractor shall use a nozzle skid to prevent accidental entry of nozzle into house connections.
5. SEWER CLEANING PROCEDURES
Contractor shall:
a. Undertake the following steps for sewer cleaning procedures:
1. Employ a combination of high-velocity jetting and vacuum removal to clean designated sewer line segments.
2. The standard cleaning process involves jetting from the downstream manhole towards the upstream manhole, pulling debris towards the downstream point. For sections without debris, a single pass is adequate. If debris is encountered, repeat cleaning is necessary until debris is cleared.
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3. Cease cleaning operations for a pipe if significant dirt and gravel are observed, and promptly notify the City if a potential line break is suspected.
4. Upon establishing appropriate traffic control measures, Contractor will carefully wash the upstream manhole using a high-pressure water gun, avoiding any splashing onto nearby vehicles or pedestrians.
5. Identify and document major defects in manholes, frame, and covers, reporting them to the City for resolution.
b. Select equipment based on the conditions of the sewer lines at the time work commences. The equipment and methods selected must be satisfactory to the City representative(s). The equipment shall be capable of removing dirt, grease, roots and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot be successfully performed from the downstream manhole, the equipment will be set up on the upstream manhole and cleaning will again be attempted. If successful cleaning remains unattainable or equipment cannot traverse the entire manhole section, it will be presumed that a significant blockage is present. Contractor must promptly inform the City representative(s) for further guidance.
Jetting's pullback rate shall not exceed three feet per second. c. Ensure the cleaning method shall be to jet from the upstream manhole down slope for washing purposes on pipeline segments with extremely steep slopes where the jetter nozzle fails to climb to the upstream manhole. Jet from the downstream manhole up slope so that the cleaning directions overlap. Water for cleaning must be from the closest available fire hydrant. Make arrangements with the local water agency to arrange for water meters and any necessary equipment to access water from the fire hydrant.
d. Directly bear water expenses and pay the water agency. Contractor must secure a "mobile" water meter from California Water Service for accurate measurement and billing.
6. ADDITIONAL CLEANING REQUIREMENTS
Contractor shall:
a. Hydraulically Propelled Equipment: Utilize hydraulically propelled equipment designed as a movable dam, constructed to allow collapsing of a portion during cleaning operations and prevent sewer flooding. The movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to effectively remove grease. In instances where non-collapsible equipment, such as - 13 -
sewer cleaning balls are used, Contractor shall take special precautions to avert flooding of both the sewer system and adjacent public or private properties.
b. High-Velocity Jet (Hydrocleaning) Equipment: Ensure all high-velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The equipment shall have a selection of two or more highvelocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned.
Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. Consult the NASSCO Jetter Code of Practice as a guide for the selection of different type nozzles and recommended pressure applications for various cleaning requirements. c. Mechanically Powered Equipment: Mechanically Powered Equipment:
Bucket machines shall be in pairs with sufficient power to perform the work in an efficient manner. Machines shall be belt operated or have an overload device. Machines with direct drive that could cause damage to the pipe shall not be allowed. A power rodding machine shall be either a sectional or continuous rod type capable of holding a minimum of 750 feet of rod. The rod shall be specifically heat treated steel. To ensure safe operation, the machine shall be fully enclosed and have an automatic safety clutch or relief valve.
7. CLEANING PRECAUTIONS
a. During sewer cleaning operations, Contractor shall take all necessary and satisfactory precautions in the use of cleaning equipment. In cases where hydraulically propelled cleaning tools (which rely on water pressure for cleaning force) or tools that impede the sewer flow are employed, Contractor shall ensure that the generated water pressure does not result in damaging or flooding public or private properties linked to the sewer's service. Whenever feasible, Contractor shall harness the sewage flow within the sewer to supply the required pressure for hydraulic cleaning devices.
b. When additional water from fire hydrants is necessary to avoid delay in normal work procedures, Contractor shall use water judiciously and avoid unnecessary consumption. In such instances, Contractor shall obtain a "mobile" water meter from the California Water Company before utilizing water from fire hydrants. Additionally, Contractor shall ensure that no obstruction of fire hydrants occurs, particularly in the event of a fire within the hydrant's service area.
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8. TRAFFIC CONTROL
a. Contractor shall provide all required traffic control actions throughout the project; including all labor, tools, equipment, materials, and safety controls. Traffic Control Plans must be submitted on any street as shown on the City’s Master Plan of Streets as a collector, secondary, or major arterial. The City’s Master Plan of Streets can be found on the City’s web site, in the Planning Departments documents, specifically in the Circulation Element, Page 12, Figure 1.
b. Contractor shall install and maintain necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstance in its judgment for the prevention of accidents; and the Contractor shall take other precautions as necessary for public safety including, but not limited to, traffic control. c. Contractor shall conduct traffic control in accordance with the latest edition of the WATCH handbook or the latest edition of the California manual on Uniform Traffic Control Devices, whichever is more stringent, and as approved by the City Engineer. At least 15 calendar days prior to the planned work, the Contractor must submit the traffic control plan, duly approved by all pertinent jurisdictional bodies, and conforming to all specifications outlined here. In cases where work on Pacific Coast Highway is performed at night, Contractor shall coordinate with the California Department of Transportation is obligatory.
9. PERMITS AND ACCESS
a. Contractor shall acquire all required fees and licenses for any encroachment permits required by the City of Redondo Beach or the California Department of Transportation when cleaning and inspecting are necessary in the public right-of-way.
b. For easement cleaning where entry must be made onto homeowner’s property, Contractor shall provide notice for permission to enter the property. Coordination of sewer cleaning will be made through the City representative, with notification one week in advance of the anticipated cleaning date.
c. Contractor shall be responsible for easements requiring additional manpower for making turns in manholes or for pulling the jetter hose.
Communication may necessitate the use of two-way handheld radios.
10.MATERIAL REMOVED
Contractor shall remove debris from the pipeline and clean and/or re-clean the pipe wall to the City’s satisfaction as proven by closed circuit television - 15 -
video (CCTV). Contractor shall remove all sludge, dirt, sand, rocks, roots, grease and/or other solid or semisolid material resulting from the cleaning operation at the downstream manhole of the section being cleaned.
Passing material from manhole section to manhole section, which may cause line stoppages, shall not be permitted.
11.MATERIAL DISPOSAL
Contractor shall decant liquids and drain back to the sewer. Contractor shall remove all solids or semisolid resulting from the cleaning operations from the work site and dispose of at the Contractor’s cost. Contractor shall remove all materials from the work site at the end of each workday. Under no circumstances shall the Contractor be permitted to gather debris, etc. at the work site for a period exceeding one workday, unless such materials are stored in fully enclosed containers that are both lead and odor proof.
Any such storage must also have the approval of the City.
12.SPILL REPORTING AND HANDLING
a. Contractor shall immediately notify the City representative(s) of any manhole overflow or interruption/backup of customer service and the Contractor shall contain and control all overflow.
b. If the Contractor is involved with a spill, Contractor must:
1. Immediately notify the City.
2. Contain the spill to isolate it from entry to any waterways.
3. Relieve the spill. Once the spill has been contained and relieved, the area must be cleaned up.
4. Make follow-up reports.
c. Contractor shall pay any fines levied by others, reimbursement of any agency incurred costs, damage, cleanup, restoration of flow and any disruption of service costs to customers as of a result of Contractor’s work. This is in addition to any and all costs incurred by the City. d. Contractor shall also notify the City immediately of any apparent noncontractor related spills and/or any abnormal conditions.
13.CONFINED SPACE ISSUES AND SAFETY ISSUES
a. Contractor shall carry out the specified duties as outlined below. Every manhole involved in this project is categorized as a Title 8 Permit Required Confined Space. Contractor is directed to refer to the General Industry Safety Orders of the State of California, specifically Article 108, Confined Spaces, Section 5157 (Title 8 of California Code of Regulations, Sections 5167, 5157, 5158).
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b. Contractor shall attend a safety meeting with the City for the purpose of reviewing the Contractor’s safety manuals, his knowledge of Title 8 and to discuss all safety aspects of the job.
c. All work shall be conducted from above ground. Manhole entry, if required, shall be conducted in strict accordance with permit required confined space entry regulations. These regulations include, at a minimum: entry permit, trained authorized entrants(s), attendants(s), entry supervisor(s), full body harness (with life line), mechanical retrieval device, continued forced air ventilation, continuous air monitoring, communication systems (minimum two types) and all other protective equipment that may be required. Work shall be conducted in accordance with all Federal, State and local laws and regulations. d. The local fire department may be able to offer services for confined space rescue. Contractor shall make any and all arrangements necessary.
14.WORK PLAN
Contractor shall:
a. Prepare a monthly work plan and submit it one (1) week in advance to the City for review and approval.
b. Ensure the plan verifies the treatment sequence and identify all the line sections to be treated based on City maps and sequence data provided. c. Amend plan if weather or local road maintenance or construction issues discovered by either party.
15.WORK DOCUMENTATION
Contractor shall:
a. Submit monthly reports based on the work plan for City review with an invoice for payment.
b. Maintain Contractor’s log sheets, with a section by section breakdown including comments, on site, in a legible manner, for review at all times. c. Include notice of badly worn frames and covers, and badly deteriorated manhole concrete structures in the comments on log sheets. - 17 -
16.CREW SIZE
Contractor shall:
a. Provide a minimum of a two-person crew at all times where one person shall witness the air injection equipment reach the upstream manhole. b. Utilize a crew of three for all work in confined spaces, and use all CalOsha required equipment when entering a confined space. c. Utilize additional personnel when needed for traffic control flagmen.
17.CITY EQUIPMENT AND LABOR
Contractor shall not utilize the City’s equipment and labor, except for the City representative monitoring the work.
18.RESEALING MANHOLE COVERS
Contractor shall reseal all manholes within 24 hours after work is completed with duct seal Cal Pico #CD-5, or equal. Contractor shall sweep the work area around the manhole of all debris.
19.OFFICE FOR INQUIRES AND COMPLAINTS
Contractor shall:
a. Maintain an office at some fixed place and shall maintain a telephone therein, listed in the telephone directory in his/her own name or in the file name by which he/she is commonly known, and shall at all time during the hours between 8:00 AM and 5:00 PM of each working day have a full-time employee at said office for the answering of inquiries and for receiving complaints from the Director of Public Works. b. Maintain a written log of all complaints, the date thereof, and the action taken pursuant thereto or the reason for non-action. Such a log of complaints shall be open to the inspection of the Director of Public Works.
c. Make every reasonable effort to respond to complaints on the same day they are received and shall report to the Director of Public Works within twenty-four (24) hours as to the action taken concerning each complaint.
20.PUBLIC RELATIONS
Contractor shall:
a. Investigate any complaint, which may concern, or be involved in, the performance of this Agreement in person or through its agent. - 18 -
b. Report to the Director of Public Works, or designee, the following working day as to the action taken with reference to the complaint. c. Respond to complaints received before noon the same day; and the following day for complaints received after noon.
21.WORKING HOUR LIMITS
Working hours are Monday – Friday, 8:00 AM to 4:00 PM.
22.DAMAGES
Contractor shall report without delay any damage to City equipment, City property or private property. Contractor shall be liable for damages caused by his/her actions. Any repairs and associated cost resulting from Contractor caused damage shall be the responsibility of the Contractor.
B. SECTION 2 - PERSONNEL AND SUPERVISION
1. PERSONNEL REQUIREMENTS
Contractor shall use and furnish all labor necessary for the satisfactory performance for the work described herein.
2. EMPLOYEE PERFORMANCE
Contractor shall:
a. Require his/her employees to present a neat appearance at all times while engaged in the performance of their duties.
b. Ensure its employees maintain good bearing and deportment toward the public.
c. Cause that employee to be removed from the job and replaced by a satisfactory employee should an employee be unsatisfactory in the opinion of the City, when notified in writing
3. CONTRACTOR’S EMPLOYEE ATTIRE
Contractor shall:
a. Require each of its employees to adhere to a basic standard of working attire. This standard is a clean uniform with the Contractor's company name or insignia clearly visible, proper shoes, other gear as required by State Safety Regulations and proper wearing of the clothing. b. Wear shirts buttoned and tucked in at all times.
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4. KNOWLEDGE & ABILITIES OF CONTRACTOR’S EMPLOYEES
Contractor shall ensure its employees must be able to use and maintain various tools, perform heavy manual labor, and follow oral and written instructions.
5. TYPICAL TASKS OF CONTRACTOR’S EMPLOYEES
Contractor shall:
a. Supply employees with the skills to perform various semi-skilled duties in connection with cleaning sanitary sewers.
b. Supply employees who shall use and maintain various tools, perform heavy manual labor, and follow oral and written instructions.
6. SPECIAL ACTIVITY REQUIREMENTS
Upon City’s request, supply additional employees. Any additional employees will be paid at a rate equal to the wage rate and mark up as shown on the form titled "Contractor's Hourly Rate".
7. LEVEL OF SUPERVISION
Contractor shall:
a. Provide adequate supervision to furnish proper surveillance of workmanship and adherence to the schedule by the employees performing the work.
b. Ensure the field supervisor or his/her representative shall check with the City Department of Public Works weekly as to (1) schedule of work, (2) complaints and (3) adequacy of performance.
c. Submit such reports as the City may require ensuring compliance with scheduled work.
d. Ensure the Supervisor shall be in the City at least 20% of the time while work is in progress.
e. Be penalized Two Hundred and Fifty Dollars ($250) per week for failing to have a supervisor in the City at least seven hours per week while work is in progress.
8. APPROVAL OF SUPERVISOR
Contractor shall:
a. Ensure the Supervisor shall not be the labor type of employee described in this Agreement.
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b. Provide in writing to the City (before starting work under this contract) the name of the supervisor.
c. Upon City’s approval of the Supervisor, make a written request to the City for a substitute Supervisor; provided however, that the substituted Supervisor shall have at least five years practical experience in supervision. Approval of such request is subject to City’s written consent.
C. SECTION 3 - EQUIPMENT AND MATERIALS
1. EQUIPMENT
Contractor shall furnish all equipment necessary for the satisfactory performance of the work set forth in this contract.
2. VEHICLES
Contractor shall display the firm name on any vehicles used by the Contractor’s employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet.
3. EQUIPMENT MAINTENANCE
Contractor shall:
a. Keep all equipment used by the Contractor in a neat and clean appearance.
b. Keep the equipment in top mechanical condition and properly adjusted, both from an operational and safety standpoint in accordance with industry standards.
c. Provide storage for its equipment.
4. SAFETY LIGHTS
Contractor shall equip all vehicles with an operational rotating amber light when parked or used on public streets.
5. EQUIPMENT NOISE
City noise level requirements shall apply to all equipment for this scope of work, including but not limited to trucks, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be voided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel. - 21 -
6. AIR POLLUTION
Contractor shall:
a. Comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract b. Not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity which would violate the regulations of any legally constituted authority.
7. MATERIALS TO BE PROVIDED BY CONTRACTOR
Contractor shall:
a. Furnish all necessary materials, and tools supplies of good quality and in the amounts necessary to perform the services provided in this Agreement at its own cost.
b. Perform a professional level of cleaning to City’s satisfaction.
8. COMPLIANCE WITH LAWS
Contractor shall comply with all Federal, State and Local laws, including but not limited to, laws related to transportation of material (DOT), the application of sewer root control herbicides (US EPA), and traffic safety regulations.
II. CITY'S DUTIES
City will provide the following services.
A. Dispatch City personnel once Contractor reports a spill.
B. Direct the Contractor to the treatment locations throughout the City boundaries.
C. Reimburse Contractor for permit fees described in Section I.A.9.a.
D. Provide assistance with manhole access and make arrangements as needed for entry onto private property for the cleaning of easements as described in Section I.A.9.b.
E. Cause any cleanup to be performed by others and deduct the costs from any monies due or to become due should the Contractor fail to promptly and effectively clean up the discharges described in Section I.A.12.c. - 22 -
EXHIBIT “B”
TERM AND TIME FOR COMPLETION
TERM. The term of the Agreement shall commence on September 20, 2023 and expire September 19, 2026.
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EXHIBIT "C"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
I. AMOUNT. Contractor shall be paid in accordance with the following schedule.
This amount shall include Contractor’s expenses for materials, labor, shipping, tax, and travel
Description
Fee Per Lineal Foot
of Root
Fee for Cleaning Each Lineal Foot of Sewer Main Line
on City-owned streets $0.65
Fee for Root Removal from Each Lineal Foot
of Sewer Main Line on City-owned streets $0.50
Fee for Cleaning Each Lineal Foot of Sewer
Main Line on State highways $1.25
Fee for Root Removal from Each Lineal Foot
of Sewer Main Line on State highways $0.50
In no event shall Contractor’s compensation exceed the following amounts.
Year
Not to Exceed
Amount
Year One $504,700
Year Two $222,097
Year Three $222,097
Total Not to Exceed Amount $948,894
II. METHOD OF PAYMENT. Contractor shall submit two hard copies of the invoice indicating the date of service, location of service, fee per lineal foot, and description of services and tasks performed during the prior month and supporting documentation to the City for approval and payment. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Contractor may be required to provide back-up material upon request.
III. SCHEDULE FOR PAYMENT. City agrees to pay Contractor within thirty (30) days of receipt of the monthly invoice, provided that, the services are completed to the City’s reasonable satisfaction.
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IV. NOTICE. Written notices to City and Contractor shall be given by email, registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Contractor: Empire Pipe Cleaning and Equipment, Inc.
1788 N. Neville St
Orange, CA 92865
Attention: Craig Van Thyne
Email: [email protected]
City: City of Redondo Beach
Public Works Department, Engineering Division
531 N Gertruda Ave
Redondo Beach, CA 90277
Attention: Rob Osborne
Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received on the second business day if sent by email and the third business day after mailing if sent by regular or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
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EXHIBIT “D”
INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Contractor’s indemnification obligations under this Agreement, Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California.
Employer’s Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor.
For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Contractor’s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
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Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Contractor acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
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EXHIBIT "E"
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1771.4, Contractor shall post job site notices, as prescribed by regulation.
4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records.
7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. - 29 -
8. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/2 times the basic rate of pay.
9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement.