REQUEST FOR PROPOSAL NO.: 24-054
FOR
ON-CALL EMERGENCY WATER AND SEWER CLEANUP
SERVICES
A roved for Release:
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
220 S Daisy Avenue, Building A
Santa Ana, CA 92703
Kathia Reyes
Project Manager
(714) 647- 3319 Office
[email protected]
Nabil Saba, PE
Executive Director
Public Works Agency
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.
Issue Date:
Deadline for Requests for Information:
Proposal Due Date:
Projected Award Date:
Thursday,August 8,2024
Thursday, August 15, 2024; at 12:00 P.M.
Thursday, August 29, 2024; at 2:00 P.M.
Tuesday, October 1, 2024
EXHIBIT 1
CITY OF SANTA ANA
Bidder acknowledges and agrees that under Public Contract Code se ction 4100, et seq., it must clearly set forth below the name and location of each subcon tractor who will perform work or la bor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder’s total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates.
In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of propo sed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed.
Subcontractor Name: Location:
Portion of Work/Trade:
Bid Amount
Contractor’s License Number
DIR Registration No.
Subcontractor Name: Location:
Portion of Work/Trade: Bid Amount:
Contractor’s License No: DIR Registration No:
Contractor will not be subcontracting any portion of work.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT G
SUBCONTRACTOR DESIGNATION FORM
INSURANCEONFILE N- 2024- 137
WORK MAYPROCEED
UNTILINSURANCEEXPIRES
CITYCLERK, ,
9 ZOZ6DATE: AYK
D' PvdAt.y) AGREEMENT WITH HOUSTON & HARRIS PCS, INC., TO PROVIDE EMERGENCY r--&yeS)^V- WATER AND SEWER CLEAN- UP SERVICES
THIS AGREEMENT is made and entered into this 5th day of December2023 by and between Houston & Harris PCS, Inc., a California corporation (" Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitutionandlawsof the Stateof California ("City").
RECITALS
A. The City desiresto retain a Contractor having special skill and knowledge in the field of emergencywater andsewerclean-up servicesasneededby Public Works Agency Water ResourcesDivision.
B. Contractorrepresentsthat Contractoris able andwilling to provide suchservices to the City.
C. In undertaking the performance of this Agreement, Contractor representsthat it is knowledgeablein its field andthatany servicesperformedby Contractorunderthis Agreementwill beperformedin compliancewith suchstandardsasmayreasonably beexpectedfrom a professionalcontracting firm in the field.
NOW THEREFORE, in considerationof the mutualandrespectivepromises, andsubjectto the termsandconditionshereinaftersetforth, thepartiesagreeasfollows;
1. SCOPE OF SERVICES
On an as -neededbasisContractorshall performthe tasksand obligationsincluding all labor, materials, tools, equipment, andincidentalcustomaryworkrequiredto fully andadequately complete the services described and set forth in Scope of Services — Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City does not warrant nor guarantee any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for the actual services performed underthis Agreement at the ratesand chargesidentified in Exhibit B.
The total sum to be expended under the term of this Agreement shall not exceed Fifty ThousandDollars andZero Cents ($50,000).
b. Paymentby City shallbe madewithin forty-five (45) daysfollowing receiptof properinvoice evidencingwork performed, subjectto City accountingprocedures.
Payment need not be made for work which fails to meet the standards of performancesetforth in the Recitalsand Scopeof Work, which may reasonablybe expectedby City.
3. TERM
This Agreement shall commence on the date first written above and terminate on October 31, 2024 unless terminated earlier in accordance with Section 17, below.
4. PREVAILING WAGES
Contractorisawareof therequirementsof CaliforniaLaborCodeSection1720, et seq., and1770, et seq„ aswell asCaliforniaCodeof Regulations, Title 8, Section16000, et seq., Prevailing Wage Laws"), which require the payment of prevailing wage ratesand the performanceof otherrequirementson "public works" and "maintenance" projects. If theset -vices beingperformedarepail of anapplicable "publicworks" or "maintenance" project, asdefinedby the Prevailing Wage Laws, and the total compensationis $1,000 or more, Contractor agreesto frilly complywith suchPrevailingWageLaws. Contractorshalldefend, indemnifyandholdthe City, its electedoff cials, officers, employeesand agentsfree andharmlessfrom any claim or liability arisingout of anyfailure or allegedfailure to complywith thePrevailingWageLaws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independentcontractorandnot an employeeof theCity. This Agreementis not intendednor shall it be construedto createan employer -employeerelationship, a joint 'venturerelationship, or to allow theCity to exercisediscretionor controlovertheprofessionalmannerin which Contractor performsthe serviceswhich arethe subjectmatter of this Agreement; however, the servicesto be providedby Contractorshall beprovided in amannerconsistentwith all applicablestandardsand regulationsgoverningsuchservices. Contractorshallpayall salariesandwages, employer'ssocial securitytaxes, unemploymentinsuranceandsimilar taxesrelatingto employeesand shall be responsiblefor all applicablewithholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreementcreatesa non-exclusiveand perpetuallicensefor City to copy, use, modify, reuse, or sublicenseany and all copyrights, designs, andother intellectualproperty embodiedin plans, specifications, studies, drawings, estimates, andotherdocumentsor works of authorshipfixed in any tangiblemediumof expression, including but not limited to, ,physical drawingsor datamagneticallyor otherwiserecordedon computerdiskettes, which arepreparedor causedto be preparedby Contractorunderthis Agreement ("Documents & Data"). Contractor shall require all subcontractorsto agreein writing that City is granteda non-exclusiveand perpetuallicensefor any Documents & Data the subcontractorpreparesunder this Agreement.
Contractor representsand warrants that Contractor has the legal right to licenseany and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Datawhich wereprovidedto Contractorby the City. City shallnot be limited in anywayin itsuseoftheDocumentsandDataatanytime, providedthatanysuchusenotwithin thepurposesintendedbythisAgreementshallbeat City'ssolerisk.
INSURANCE
Prior to undertakingperformanceof work underthis Agreement, Contractorshallprocure and maintainand shall require its subcontractors, if any, to obtain andmaintaininsuranceas described below for the duration of this Agreement:
a. Minimum Scope and Limit of Insurance
1) Commercial General Liability ( CGL). InsuranceServicesOffice Form CG 00 01 covering CGL on an " occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertisinginjury with limits no lessthan $1,000,000per occurrence. If a generalaggregatelimit applies, eitherthegeneralaggregatelimitshallapply separatelyto this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability. ISO FormNumber CA 00 O1coveringanyauto (Code 1), or if Contractor has no owned autos, hired, ( Code 8) and non -owned autos Code9), with alimitno lessthan $1,000,000peraccidentfor bodilyinjuryand propertydamage.
3) Workers' Compensation. As required by the Stateof California, with StatutoryLimits, andEmployer's Liability Insurancewith limit of no lessthan 1,000,000 per accidentfor bodily injury or disease.
4) Professional Liability ( Errors and Omissions). Insuranceappropriateto the Contractor'sprofession, with a limit no lessthan $1,000,000per occurrenceor claims, $ 2, 000, 000 aggregate.
5) Broader Coverage. If the Contractor maintains broader coverage and/ or higherlimits thanthe minimumsshownabove, the City requiresandshall be entitledto the broadercoverageand/or thehigherlimits maintainedby the Contractor, Any available insuranceproceedsin excessof the specified minimumlimits of insuranceandcoverageshallbeavailableto theCity. b. Other Insurance Provisions
1) Additional Insured Status. The City, its officers, officials, employees, and volunteersareto be coveredas additionalinsuredson the CGL policy with respectto liability arisingoutof work or operationsperformedby or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwithsuchwork or operations. Generalliability coveragecanbe providedin the form of anendorsementto theContractor's insurance (at least asbroad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).
2) Primary Coverage. For any claims relatedto this contract, the Contractor's insurancecoverageshall be primary coverageat leastasbroadasISO CG 20 0104 13asrespectstheCity, its officers, officials, employees, andvolunteers.
Any insuranceor self-insurancemaintainedby theCity, itsofficers, officials, employees, or volunteers shall be excess ofthe Contractor' s insurance and shall not contribute with it.
3) Noticeof Cancellation. Eachinsurancepolicyrequiredaboveshallprovide thatcoverageshallnot becanceled, exceptwith noticeto the City. 4) Waiver of Subrogation. Contractorherebygrantsto City awaiverof anyright to subrogationthatanyinsurerof saidContractormayacquireagainsttheCity by virtue of thepaymentof any lossundersuchinsurance. Contractoragrees to obtain any endorsementthat may be necessaryto affect this waiverof subrogation, butthisprovisionappliesregardlessofwhetheror nottheCityhas received a waiver of subrogation endorsement from the insurer. 5) Self -Insured Retentions. Self- insured retentions must be declared to and approvedbytheCity. TheCity mayrequiretheContractortopurchasecoverage with a lower retentionor provideproof of ability to pay lossesand related investigations, claim administration, and defense expenses within the retention.
The policy languageshallprovide, or be endorsedto provide, that the self - insuredretentionmaybesatisfiedbyeitherthenamedinsuredor City, 6) Acceptability of Insurers. Insuranceis to beplacedwith insurersauthorized to conductbusinessin the statewith a currentA.M. Best's ratingof no less thanA:VII, unlessotherwiseacceptabletotheCity.
7) Claims Made Policies. If any of the requiredpolicies provide claims -made coverage:
i. The retroactive date must be shown, and must be before the date of the contractor beginningof contractwork.
ii. Insurance must be maintained and evidence of insurance must be providedfor at leastfive (5) yearsafter completion of contract work, iii. If coverage is canceled or non -renewed, and not replaced with another claims -madepolicy form with a retroactive dateprior to thecontract effectivedate, the Contractormust purchase "extendingreporting" coveragefor aminimum of five (5) years after completionof work. 8) Verification of Coverage. Contractorshall furnish the City with original Certificatesof Insuranceincludingall requiredamendatoryendorsements (or copiesof the applicablepolicy languageeffectingcoveragerequiredbythis
clause) andacopyoftheDeclarationsandEndorsementPageoftheCGLpolicy listingallpolicyendorsementsto City beforework begins. However, failureto obtain the requireddocumentsprior to thework beginningshallnot waive the Contractor' s obligation toprovide them.
The City reservesthe right to require complete, certified copiesof all required insurancepolicies, ineludingendorsementsrequiredby thesespecifications, at any time.
9) Subcontractors. Contractorshall requireand verify that all subcontractors maintain insurance meeting all the requirements statedherein, and Contractor shall ensurethat City is an additional insured on insurance required from subcontractors.
10) Special Risks or Circumstances. City reservesthe right to modify these requirements, includinglimits, basedoil thenatureof therisk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Contractoragreesto defend, andshall indemnifyandhold harmlesstheCity, its officers, agents, employees, contractors, specialcounsel, andrepresentativesfrom liability: ( 1) forpersonal injury, damages, just compensation, restitution, judicial or equitablerelief arisingoutof claimsfor personalinjury, including death, and claims for propertydamage, which may arisefrom the negligentoperationsof the Contractoror its subcontractors, agents, employees, or otherpersons actingontheirbehalfwhichrelatesto theservicesdescribedin section1of thisAgreement; and 2) from any claimthat personalinjury, damages, just compensation, restitution, judicial or equitablerelief is dueby reasonof the termsof or effectsarising from this Agreement. This indemnity and hold harmlessagreementapplies to all claims for damages, just compensation, restitution, judicial or equitablerelief suffered, or allegedto havebeensuffered, by reasonof the eventsreferredto in this Section or by reasonof the terms of, or effects, arising from this Agreement. TheContractorfurtheragreesto indemnify, holdharmless, andpayall costsfor the defenseof the City, includingfeesandcostsfor specialcounselto be selectedby theCity, regardinganyactionby athird partychallengingthevalidity of this Agreement, or assertingthat personalinjury, damages,just compensation, restitution, judicial or equitablerelief dueto personal or propertyrights arisesbyreasonof thetermsof, or effectsarisingfrom this Agreement. City maymakeall reasonabledecisionswith respectto its representationin any legalproceeding.
Notwithstandingthe foregoing, to the extent Contractor's servicesare subjectto Civil Code Section2782.8, theaboveindemnityshallbe limited, to theextentrequiredby Civil CodeSection 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 harmlessthe City, its officers, agents, representatives, andemployeesagainstanyandall liability, including costs, andattorney's fees,
for infringementof anyUnitedStates' letterspatent, trademark, or copyrightcontainedin thework product or documentsprovidedby Contractorto theCity puusuantto this Agreement.
10. RECORDS
Contractorshallkeeprecordsandinvoicesin connectionwith thework to beperformed 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 chargedtotheCity for aminimumperiodof three (3) years, or for anylongerperiodrequiredby law, from the date of final paymentto Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representativeof the City to examine, audit, andmaketranscriptsor copiesof suchrecordsandany other documentscreated Pursuantto this Agreementduringregularbusinesshours. Contractorshall allow inspectionof all work, data, documents, proceedings, andactivitiesrelatedto thisAgreementfor a periodof three 3) yearsfrom the dateof final paymentto Contractorunderthis Agreement.
11. CONFIIDENTIALITY
If Contractor receives from the City information which due to the nature of such informationisreasonablyunderstoodto beconfidentialand/orproprietary, Contractoragreesthat it shall not use or disclosesuch information exceptin the performanceof this Agreement, and further agreesto exercisethe same degreeof care it usesto protect its own information of like importance, but in no event less than reasonable care. " Confidential Information" shall include all nonpublicinformation. Confidentialinformationincludesnot only written information, but also information transferred orally, visually, electronically, or by other means. Confidential informationdisclosedto eitherpartyby anysubsidiaryand/or agentof theotherpartyis covered bythisAgreement. Theforegoingobligationsof non-useandnondisclosureshallnotapplyto any informationthat (a) hasbeendisclosedin publicly availablesources; (b) is, throughnofault of the Contractor disclosedin apublicly available source; (c) is in rightful possessionof the Contractor without an obligationof confidentiality; (d) is requiredto bedisclosedby operationof law; or (e) is independentlydevelopedbytheContractorwithoutreferenceto informationdisclosedby the City.
12. CONFLICT OF INTEREST CLAUSE
Contractorcovenantsthat it presentlyhasno interestandshallnot haveinterests, direct or indirect, which would conflict in any mannerwith performanceof servicesspecifiedunderthis Agreement,
13. NOTICE
Any notice, tender, demand, delivery, or othercommunicationpursuantto this Agreement shallbe in writing andshallbe deemedto beproperlygivenif deliveredin personor mailedby first classor certifiedmail, postageprepaid, or sentby fax or othertelegraphiccommunicationin themannerprovidedin this Section, to thefollowing persons:
To City; Clericof the City COUnclI
City of SantaAna
20 Civic Center Plaza ( M- 30)
P. O. Box 1988
Santa Ana, CA 92702- 1988
Executive Director
Public Works Agency
City of SantaAna
20 Civic Center Plaza ( NI- 21)
P. O. Box 1988
Santa Ana, CA 92702
To Contractor; Houston & Harris PCS, Inc.
Attn: Larry Houston, President
PO Box 10367
San Bernardino, CA 92423
A partymay changeits addressby giving notice in writing to theotherparty. Thereafter, any communicationshall be addressedand transmittedto the new address. If sentby mail, communication shall be effective or deemedto have been given three (3) days after it has been depositedin the United Statesmail, duly registeredor certified, with postageprepaid, and addressedassetforth above. If sentby fax, communicationshall be effectiveor deemedto have beengiventwenty-four (244) hoursafterthetimesetforthonthetransmissionreportissuedbythe transmittingfacsimilemachine, addressedassetforthabove. Forpurposesof calculatingthese timeframes, weekends, federal, state, Countyor City holidaysshall beexcluded.
14. EXCLUSIVITY AND AMENDMENT
This AgreementrepresentsthecompleteandexclusivestatementbetweentheCity and Contractor regardingthe subjectmatter herein, and supersedesany and all other agreements, oral or written, betweentheparties. [tithe eventof aconflict betweenthe termsof this Agreementand anyattachmentshereto, the termsof this Agreementshallprevail. This Agreementmay not be modified exceptby written instrumentsignedby the City andby anauthorizedrepresentativeof Contractor. Thepartiesagreethatanytermsorconditionsof anypurchaseorderorotherinstrument 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, promisesoragreements, orallyorotherwise, havebeenmadebyany party, or anyoneacting on behalfof anyparty, which arenot embodiedherein. 15, ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractormay not assign, transfer, delegate, or subcontractany interesthereinwithout theprior written consentof the City andany suchassignment, transfer, delegationor subcontractwithout theCity' sprior written consentshaltbeconsiderednull andvoid. Nothing in thisAgreementshall
beconstruedto limit theCity's abilityto haveanyof theserviceswhicharethesubjectto this AgreementperformedbyCity personnelor byotherContractorsretainedbyCity.
16. WAIVER
No waiverof breach, failureof anycondition, or anyright or remedycontainedin or grantedby theprovisionsof this Agreementshallbeeffectiveunlessit is in writing andsignedby thepartywaiving thebreach, failure, right or remedy. No waiverof anybreach, failureor right, or remedyshall be deemeda waiver of any otherbreach, failure, right or remedy, whetheror not similar, norshallanywaiverconstituteacontinuingwaiverunlessthewriting sospecifies.
17. TERMINATION
This Agreementmay be terminatedby the City uponthirty (30) dayswritten noticeof termination. In suchevent, Contractorshallbeentitledto receiveandtheCity shallpayContractor compensationfor all services performed by Contractor prior to receipt of such notice of termination, subjectto the following conditions:
a. Asaconditionof suchpayment, theExecutiveDirectormayrequireContractorto deliverto the City all work productcompletedasof suchdate, and in suchcase suchwork productshall bethepropertyof the City unlessprohibitedby law, and Contractorconsentsto the City's usethereoffor suchpurposesastheCity deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performancespecifiedin the Recitalsof this Agreement.
1.8. NON- DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexualorientation, age, nationalorigin, ancestry, or disability, asdefinedandprohibitedby applicablelaw, in therecruitment, selection, training, utilization, promotion, terminationor other employmentrelated activities or in connectionwith any activities under this Agreement.
Contractoraffirmsthatit isanequalopportunityemployerandshallcomplywith all applicable federal, state and local laws and regulations.
19, JURISDICTION - VENUE
ThisAgreementhasbeenexecutedanddeliveredintheStateofCaliforniaandthevalidity, interpretation, performance, and enforcementof any of the clausesof this Agreementshall be determinedandgovernedbythelawsof theStateof California. Bothpartiesfurtheragreethat OrangeCounty, California, shallbethevenueforanyactionor proceedingthatmaybebroughtor ariseout of, in connectionwith or by reasonof this Agreement.
20. PROFESSIONAL LICENSES
Contractorshall, throughoutthetermof thisAgreement, maintainall necessarylicenses,
permits, approvals, waivers, andexemptionsnecessaryfor the provision of the serviceshereunder andrequiredby thelawsandregulationsof the UnitedStates, the Stateof California, the City of SantaAnaandall othergovernmentalagencies. ContractorshallnotifytheCityimmediatelyand in writing of its inability to obtain or maintainsuch permits, licenses, approvals, waivers, and exemptions. Saidinability shall becausefor terminationof this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority andright to bind their respectivepartiesto eachof the termsof thisAgreement, andshallindemnifyCity fully, includingreasonablecostsand attorney'sfees, for anyinjuriesor damagestoCity intheeventthatsuchauthority or poweris not, in fact, heldby the signatoryor is withdrawn. b. All exhibitsreferencedhereinandattachedheretoshallbeincorporatedasif fully setforth in the body of this Agreement.
IN WITNESSWHEREOF, thepartiesheretohaveexecutedthis Agreementthedateandyear first above written.
ATTEST:
SONIA R. CARVALHO
City Attorney
By:
randon Salvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL
A, V-- nA-- & 4- fh
Nabil Saba, P. E.
Executive Director
Public Works Agency
CITY OF SANTA ANA
Alvaro Nunez
Acting City Manager
CONTRACTOR
Larry Houst n
President
37T3I CP:[ 7 11I 77: Q --
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).
Contractorshall provideand maintainin good repairall equipmentnecessaryto perform the required services and related tasks.
The Contractorshallbeavailableonan on -callbasis, 24 hoursa day, sevendaysaweek, 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 SanitationDistrict's (OCSD) facilities or an approvedwaste handlingfacility.
The Contractor shall be an IndependentContractor 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.
DESCRIPTION OF WORK — SEWER EMERGENCY CLEANUP SERVICES
Several actions must be taken to properly cleanup and mitigate potential effects, including, but are not limited to:
e 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.
III. DESCRIPTION OF WORK — WATER EMERGENCY CLEANUP SERVICES Several actions must betaken to properlycleanup and mitigatepotentialeffects, including, but are not limited to:
Use straw waddle and/or sandbagsto protectstorm drain from debris, installstraw wattle on site;
mCleanupof debrison the roadways, mud/debrisonthe roadway; Vacuum all wash down water into the Contractor' s vacuum truck.
IV. DISTRIBUTION OF WORK
The Contractor 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.
It shall be the Contractor' s responsibility to ensure they have all information deemed necessary to prepare accurate estimates. The contractor shall respondto 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.
V. 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 currentprevailingwage ratesas adoptedby the Directorofthe Departmentof Industrial Relationsare incorporatedherein by referenceand may be accessedat http:// www, dir. ca. gov/.
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.
VI. 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.
VII. 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,
31 The Contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, including but not limited to these contract documents.
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 subcontractorsand repaired by City staff shall be the responsibility of the Contractor and will be deducted from any outstanding balances.
IX. 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.
EXHIBIT B
P. O. Box 10367, San Bernardino, CA 92423
First in qualityr= 909- 422- 8990
houstonandhanis. com First in service
CCTV Inspection - NASSCO, PACP, MACP Certified Operators • Lateral Launch - Database Customization Data Conversion • CIPP Point Repairs • Hydro -wash • Potholing • CA #884167 • DIR #1000003580 • Non -Union Estimate: This estimate is valid for 90 days
To: City of Santa Ana Date: 10. 02- 2023
Attn: Diana Mazariego From: Brad HoustonlElizabeth Butler Email/ Fax: dmazarlego0santa- ana. org Email/ Fax: ebutlerCalhoustonandharris. com Re: Emergency Clean Up Current Rates Pages: 2
EMERGENCY CALL - OUTS CHARGED AT OVERTIME RATE
Wash unit: Two ( 2) Man Crew with a Four ( 4) Hour Minimum; Water: Unit Two ( 2) Man Crew with a Four ( 4) Hour Minimum; Chase: Unit One ( 1) Man Crew with a Four ( 4) Hour Minimum; Traffic Control Unit: One ( 1) Man Crew with a Four ( 4) Hour Minimum; Additional Laborer:
Regular 410. 00/ Hour
Overtime 513. 00/ Hour
Double- time 641. 00/ Hour
Fuel Surcharge 18. 00/ Hour
Travel time 340. 00/ Hour
Regular 410. 00/ Hour
Overtime 513. 00/ Hour
Double- time 641. 00/ Hour
Fuel Surcharge 18. 00/ Hour
Travel time 340. 00/ Hour
Regular 170. 00/ Hour
Overtime 212. 50/ Hours
Double- time 265. 63/ Hour
Fuel Surcharge 9. 00/ Hour
Travel time 185. 00/ Hour
Regular 170. 00/ Hour
Overtime 212. 50/ Hours
Double- time 265. 63/ Hour
Fuel Surcharge 9. 00/ Hour
Travel time 185. 00/ Hour
Regular 100. 00/ Hour
Overtime 125. 00/ Hour
Double- time 156. 25/ Hour
Additional Material/ Eguioment: Cost+ 15%
All projects are subject to a Four (4)-Hour minimum per mobilization. Asper PrevailingWagelaborcode #1771, ratesarebasedon Houston & Harris paying "OperatingEngineer, Group 4" & " Laborer, Group 3".
Terms & Conditions:
Used as defined:
Estimate: To calculate approximately ( size, cost, etc.) Quote: To state a price Bid: To offeran amountasthe priceone will accept, or pay
This fazlentM end all aaachments io it are Isi the sole use -uf Intended recipients. nua taNemail yhlch is pi otec( co from rrsclosnrebypmnlege. Anyor:authoriiaduse dtsclesus or dislribuiluncf this faxlemeilanc is mi, cl,mentsis prohlbilUtl_ Ifyouare nottheInlenrisdri,r pi nt plea r--plyins eni nr fax then destiny copies received_
P. O. Box 10367, San Bernardino, CA 92423
First in quality909- 422- 8990
houstonandhanis. com First in service
CCTV Inspection • NASSCO, PACP, MACP Certified Operators • Lateral Launch - Database Customization Data Conversion • CIPP Point Repairs • Hydro -wash • Potholing • CA # 884167 • DIR #1000003580 • Non -Union Estimate: This estimate is valid for 90 days
To: City of Santa Ana Date: 10- 02- 2023
Attn: Diana Mazariego From: Brad Houston/ Elizabeth Butler Email/ Fax: dmazarieao( msanta- ana. oro Email/ Fax: ebutler( tDhoustonandharris. com Re: Emergency Clean U Current Rates Pa es: 2
Used as defined:
Estimate: To calculate approximately (size, cost, etc.) Quote: To state a price Bid: To offeran amountasthe priceonewill accept, orpay
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