AGREEMENT TO PROVIDE SPILL RESPONSE, HAZARDOUS WASTE
DISPOSAL, AND STORM DRAIN FACILITY MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into this 2nd day of June, 2026 by and between Ocean Blue Environmental Services, Inc. (“Contractor ”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On February 19, 2026, the City issued Request for Proposal No. 26-018, by which it sought qualified contractors to provide spill response, hazardous waste disposal, and storm drain facility maintenance services for the City’s Public Works Agency.
B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 26-018.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform the services described in the scope of work that was included in RFP No. 26-018, which is attached as Exhibit A and incorporated in full.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services provided under RFP No. 26-018, the rates and charges identified in Exhibit B. The total amount to be expended under this Agreement shall not exceed $550,000 annually, including any extension periods, and shall not exceed $2,750,000 in the aggregate, including any extension periods.
b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on June 1, 2027, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for four (4) additional one -year periods upon a writing executed by the City Manager and City Attorney.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in whi ch Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”) . Contractor shall require all sub contractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Insurance requirements are attached hereto as Exhibit C and incorporated by reference.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects , arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third part y challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effect s arising from this Agreeme nt. City may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Contractor ’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the aw ard of this Agreement , or any competing c ontract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement.
c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full -time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Contractor must comply with all c onflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this (Contract, Agreement, or Grant). The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is no t limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the
provisions of this paragraph will be a material breach of this Agreement.
e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial ben efit or interest to any individual, as defined in subsections (b) and (c) above.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: (714) 647-6956
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Contractor: Ocean Blue Environmental Services, Inc.
Attn: Justin Lee
925 West Esther St
Long Beach, CA 90813
Fax: (562) 624-4127
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be ef fective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For pur poses of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authori zed representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Ea ch party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation f or all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
19. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signatures on following page]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
A
TTEST: CITY OF SANTA ANA
________________________
_________________________
JENNIFER L. HALL ALVARO NUNEZ
City Clerk City Manager
AP
PROVED AS TO FORM CONTRACTOR
SONIA R. CARVALHO
City Attorney
B
y: _____________________ ____________________________
KYLE NELLESEN Name:
Assistant City Attorney Title:
RE
COMMENDED FOR APPROVAL
____________________________
R
ODOLFO ROSAS, P.E.
Acting Executive Director
Public Works Agency
Rodolfo Rosas
Digitally signed by Rodolfo Rosas
DN: cn=Rodolfo Rosas, email=rrosas@santa-
ana.org, c=US
Date: 2026.05.18 16:20:57 -07'00'
City of San
ta Ana RFP 26-018 Page A1-1
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
SPILL RESPONSE, HAZARDOUS WASTE DISPOSAL, AND
STORM DRAIN FACILITY MAINTENANCE SERVICES
RFP NO. 26
-018
INTRODUCTION/BACKGROUND
The City
of Santa Ana is 27.2 square miles and is located in central Orange County, California.
Santa Ana is the most densely populated city in the county, with a total population of 338,247 and approximately 12,435 people per square mile. Santa Ana sits within three major watersheds: the Newport Bay watershed, the Santa Ana River watershed, and the Anaheim Bay/Huntington Harbour watershed.
The City of Santa Ana is a co-permittee under the North Orange County Municipal Separate Storm Sewer System (MS4) Permit (Order No. R8- 2009-0030, as amended by Order No. R8-2010- 0062). The Permit presents a series of technical, lega l, and regulatory challenges to the City and as a result, the City has established a rigorous National Pollutant Discharge Elimination System (NPDES) compliance program.
The Permit requires the City to reduce pollutants discharged in urban runoff to the “Maximum Extent Practicable”. In order to comply with the Permit, the City is required to clean and maintain its MS4 and treatment control Best Managemen t Practices (BMPs), respond to and eliminate illegal discharges and illicit connections, and conduct cleanup of pollutants that could potentially impact the MS4.
The City’s stormdrain system includes, but is not limited to:
x Approximately 1,650 catch basins, most of whic h have been retrofitted with Connector Pipe Screen (CPS) or Auto-Retractable Screens (ARS)
x 215 culverts
x 20 open channels
x Stormwater lift stations
x Treatment control BMPs, such as:
Continuous Deflective Separation (CDS) Unit
Bioretention Basins
Bioswales/Vegetated Swales
EXHIBIT A
City of Santa Ana RFP 26-018 Page A1-2 Pervious Pavement
Drywells
Proprietary Biotreatment Devices
Underground Infiltration Systems
Underground Detention Systems
Cartridge Media Filters
Infiltration Basins/Trenches
Catch Basin Filter Inserts
The City desires to retain Contractors to per form spill response, hazardous waste disposal, and stormdrain facility maintenance services to assist with NPDES Permit compliance, maintain water quality standards, and prevent flooding. Professiona l services Agreements will be entered into with the selected Contractors and the selected C ontractors will be requested to perform these services on an as-needed basis under the direction of the Public Works Agency. All work shall be done in accordance with the most recently adopt ed North Orange County MS4 Permit and any other applicable local, state, and federal laws.
The selected Contractors shall utilize in-hous e staff and/or subcontractors to complete assignments to meet the City’s standards. For specialized work, for which the selected Contractors require a subcontractor, the selected Contractors shall serve as an administrative liaison between the City and the subcontractors.
Mark-ups for subcontractor work shall not exceed ten percent (10%).
The selected Contractors and their Subcontractor(s ) must have the expertise, experience, and demonstrated resources available to perform the work described in the Scope of Services below.
The City desires to enter into Agreements with the top two (2) selected Contractors. The initial term of the Agreement is anticipated to be three (3) years, with the option to exercise two (2), one-year extension periods (subject to City discretion) . The annual contract capacity for each Agreement is estimated to be five hundred thousand dollars ($500,000), subject to modifications by the City. Actual expenditures each year will vary at the City’s discretion and will be dependent on funding availability. The City does not gu arantee minimum annual expenditures under these Agreements.
A. SCOPE OF SERVICES
Work under this Agreement may include, but is not limited to, the following tasks below:
1) Spill Response
Contractors shall be capable of performing the following tasks:
City of Santa Ana RFP 26-018 Page A1-3 a. Deploy all necessary personnel, equipmen t, and materials to respond to and recover pollutant discharges from the public right-of-way (i.e. sidewalk, curb & gutter, etc.) City stormdrain system, and flood control channel system.
Discharges may consist of, but are not limited to: hydrocarbons, inorganic compounds, organic compounds, volatile compounds, biowaste, hazardous materials/waste, sewage, wastewater, sediment, and trash/debris.
Contractors shall respond to spill response requests via phone within 1-hour of initial request.
b. Deploy containment at various points along the projected travel path of the discharge to protect nearby stormdrain facilities from contamination. The City will provide a description of the site and discharge to the best of their ability during the initial request.
c. Set-up traffic control per WATCH handbook or at the direction of City staff to safely perform spill response services.
d. Conduct confined space entry and video ca mera inspection of stormdrain facilities.
e. Perform pressure washing of the contamin ated area, including stormdrain facilities, to the satisfaction of the City. All wastewater generated as a result of pressure washing activities shall be recovered and not allowed to discharge into the City’s stormdrain system.
f. Take discharge samples for laboratory an alysis and provide results to the City.
g. Manifest the waste lawfully and effic iently to the satisfaction of the California Department of Toxic Substances Control (D TSC), the United States Department of Transportation, the Environmental Protecti on Agency, the EPA-permitted disposal facilities receiving the waste, and any other relevant regulatory agencies.
h. Provide storage, transport, and proper le gal disposal of the recovered material(s).
i. Utilize appropriate personal protective equipment (PPE) when performing spill response services required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.
j. Provide an incident report with before and after pictures within 1-week of performing spill response services.
k. Install temporary Best Management Practices (BMPs) to control sediment, including but not limited to: silt fence, straw wattle, gravel bag berms, or stockpile protection.
All BMPs shall be installed in accorda nce with California Stormwater Quality Association (CASQA) BMP fact sheets.
City of Santa Ana RFP 26-018 Page A1-4
l. Any other work required to safely, effectively, and lawfully perform spill response services.
2) Hazardous Waste Disposal
Contractors shall be capable of performing the following tasks:
a. Perform routine pickup and removal of hazardous waste from the public right-of-way and City Yard (215 S Center St).
Types of hazardous waste may include, but ar e not limited to: hydrocarbons, inorganic compounds, organic compounds, volatile compounds, pesticides, biowaste, medical waste, e-waste, wastewater, batteries, soiled clothing, propane and gasoline tanks, and trash/debris.
b. Document the location, type of hazardous waste removed, and send photos to City staff.
Provide a quarterly report of all waste removed from the City Yard, including quantities, types of waste, etc.
c. Provide storage, transport, and proper le gal disposal of recovered hazardous waste.
d. Manifest the waste lawfully and efficien tly to the satisfaction of the California Department of Toxic Substances Control (D TSC), the United States Department of Transportation, the Environmental Protection Agency, the EPA-permitted disposal facilities receiving the waste, and any other relevant regulatory agencies.
e. Utilize appropriate personal protective equipment (PPE) when performing hazardous waste disposal services required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.
f. Any other work required to safely, effectively, and lawfully perform hazardous waste disposal services.
3) Stormdrain Facility Maintenance and Cleaning
Contractors shall be capable of performing the following tasks:
a. Deploy all necessary personnel, equipment, and materials to thoroughly vacuum clean and remove trash/debris, vegetation, sedime nt, and encampments from the City’s stormdrain system.
Contractors shall have proper equipment, PPE, traffic control, and training to perform confined space entry. Additionally, Contractors must have access to and be capable of operating a vacuum truck and hydro-jetter to perform stormdrain facility maintenance and cleaning services.
City of Santa Ana RFP 26-018 Page A1-5
b. Perform thorough inspection and cleaning of all City catch basins throughout the City, including all trash capture device screens installed within City catch basins.
c. Perform thorough inspection and cleaning of all culverts and open channels throughout the City.
d. Perform thorough inspection and cleaning of all treatment control BMPs throughout the City.
Contractors shall be familiar with the proper operations and maintenance procedures of various treatment control BMPs including, but not limited to:
x Continuous Deflective Separation (CDS) Units
x Bioretention Basins
x Bioswales/Vegetated Swales
x Pervious Pavement
x Drywells
x Proprietary Biotreatment Devices (i.e. Filterra or Modular Wetlands) x Underground Infiltration Systems
x Underground Detention Systems
x Cartridge Media Filters
x Infiltration Basins/Trenches
x Catch Basin Filter Inserts
Contractors shall be capable of perfor ming landscape and irrigation system maintenance/repair for BMPs that include vegetation.
e. Report stormdrain infrastructure data to the City when conducting inspections and/or cleaning, including but not limited to:
x Date of inspection/cleaning
x Location
x Dimensions/measurements of stormdrain facilities
x Asset identification number
x Trash capture device type and condition
x Damage (face plate, protection bar, manhole, interior, inlet/outlet pipes) x Obstructions or vegetation growing
x Condition of “No Dumping” stencil
x Volume of trash, debris, and sediment removed during cleaning x Inlet/outlet pipe diameter and material
f. Stencil “No Dumping Drains to Ocean” on the top of catch basin inlets.
City of Santa Ana RFP 26-018 Page A1-6 g. Install and/or repair trash capture devices in Municipal catch basins, including but not limited to:
x Connector Pipe Screen (CPS) units
x Auto-Retractable Screen (ARS) units
x Other devices listed on the State Water Resources Control Board Certified Full Capture List of Trash Treatment Control Devices:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/ trash_implementation/certified_fcsdevicelist_16Feb2021.pdf
h. Provide on- call operations, maintenance, and repair services for the City’s stormwater lift stations, including but not limited to:
x Monitoring storm events and performing inspections to verify lift stations are operational and ready to pump stormwater
x Vacuum cleaning lift station wet-we ll, stormdrain lines, and catch basin inlets as-needed
x Responding to and resolving urgent issues with the lift station 24-hours a day, 7-days a week
x Conducting electrical and mechanical repairs or troubleshooting as-needed
Contractors shall respond to lift station issues via phone within 1-hr of initial request.
i. Procure and install steel barriers to prevent trespassing into stormdrain facilities. At a minimum, steel barriers shall:
x Prohibit access by the public into stormdrain facilities x Have a tamper-proof locking mechanism
x Be capable of opening freely during storm conditions or debris blockage x Be made of material strong enough to withstand potential vandalism
The City will provide barrier design details for contractors to procure and install.
j. Utilize appropriate personal protective equipment (PPE) when performing stormdrain facility maintenance and cleaning services as required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.
k. Contractor shall ensure all employees have adequate confined space entry training and equipment, when required, while providing Storm Drain Facility Maintenance Services.
City of Santa Ana RFP 26-018 Page A1-7 l. Any other work required to safely, effectively, and lawfully perform stormdrain facility maintenance and cleaning services.
4) Stormdrain System Weed Abatement
Contractors shall be capable of performing the following tasks:
a. Removal and disposal of weeds, wild grass, plants, trees, or other vegetation located within or adjacent to stormwater conveyance channels, stormdrain easements, or other locations as directed by the City.
x All vegetation shall be cut or mowed to a height of not more than two (2) inches above the ground. All vegetation cut or mowed shall be removed from the site.
x Trees with low hanging branches shall be trimmed to allow 7 feet of vertical clearance, as needed.
x Trees, hedges, bushes and/or vines shall be trimmed back to property line as to not obstruct the public right of way, as needed
b. Contractor shall have the ph ysical and technical ability, and sufficient staff to provide weed control spraying as required by City. Weed spraying shall be performed in accordance with all applicable State, Federal, and local regulations and laws.
The City will provide a list of approved herbicides for use. Contractor shall not apply any herbicides without prior direction from the City.
c. Utilize appropriate personal protective equipment (PPE) when performing weed abatement services
as required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.
d. Set-up traffic control per WATCH handbook or at the direction of City staff to safely perform spill response services.
e. Remove from the work site and properly dispose of all spent materials, hazardous materials, debris, and the like on a daily basis. Do NOT accumulate waste materials unless the Projects Manager allows otherwise.
f. Minimize contamination from materials, wastes, spills, or residues at the jobsite to street, drainage facilities, or adjoining property by wind or runoff.
g. Any other work required to safely, effectively, and lawfully perform weed abatement services.
5) City Yard Maintenance Services
Contractors shall be capable of performing the following tasks:
City of Santa Ana RFP 26-018 Page A1-8
a. Contractor shall assist the City in main taining the overall cleanliness and adequate function of underground facilities at the City of Santa Ana Corporate Yard (“City Yard”), located at 215 S Center Street, Santa Ana, CA 92703
b. Contractor shall conduct routine inspection, cleaning, maintenance, and repair services at various areas and facilities throughout the City Yard including, but not limited to:
x Sanitary sewer clarifier systems and pumps;
x Stormdrain system and pumps;
x Street sweeper washout areas;
x Oil/water separators;
x Car wash areas;
x Dumpster areas;
x Material storage areas;
x Parking areas;
x Any other areas or facilities identified by the City
c. Methods to provide City Yard Maintenan ce Services shall include, but are not limited to:
x Pressure washing;
x Hand-wiping/scrubbing surfaces and equipment;
x Use of a vacuum truck;
x Sweeping;
x Shoveling;
x Use of proper equipment or tools when making repairs; x Other methods suggested by Contractor and approved by the City.
d. Contractor shall adhere to the City Ya rd Maintenance Services schedule provided by the City. Each area or facility shall be inspected, cleaned, maintained, and/or repaired at the frequency requested by the City.
e. Contractor shall manifest, transport, and dispose of all waste and wastewater generated from providing City Yard Maintenance Services to the satisfaction of the California Department of Toxic Substance Control (DTSC), the United States Department of Transportation (DOT), the United States Environmental Protection Agency (USEPA), the permitted disposal facilities receiving the waste or wastewater, and any other applicable Federal, State, or local regulations.
f. Contractor shall ensure all employees are supplied with and use adequate Personal Protective Equipment (PPE) while providing City Yard Maintenance Services as
required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.
City of Santa Ana RFP 26-018 Page A1-9 g. Contractor shall ensure all employees have adequate confined space entry training and equipment, when required, while providing City Yard Maintenance Services.
h. Contractor shall establish a safe perimeter to ensure the public and/or City Staff are not impacted while providing City Yard Maintenance Services.
i. Contractor shall immediately notify the City if any urgent issues are discovered while conducting City Yard Maintenance Services.
j. Contractor shall implement Best Ma nagement Practices (BMPs) to ensure no wastewater or pollutants are discharged into the City’s stormdrain system and there are no negative environmental impacts associated with City Yard Maintenance Services. Contractor shall immediately notify the City in the event any wastewater or pollutants are discharged into the City’s stormdrain system.
k. Contractor shall immediately notify the City if any urgent issues are discovered while conducting City Yard Maintenance Services.
l. Any other work required to safely, effectively, and lawfully perform City Yard Maintenance Services.
6) Flood Control Assistance
Contractors shall be capable of performing the following tasks:
a. Mobilize to flooded areas and/or historic problem areas under the direction of the City.
Contractors shall respond to flooding issues via phone within 1-hour of initial request.
b. Deploy all necessary personnel, equipment, and materials to assist with flood control and flooding complaints. The personnel and equipment deployed must have the ability to remove excess water from the public ri ght-of-way and dislodge materials blocking storm flows.
Contractors shall have proper equipment, PPE, traffic control, and training to perform confined space entry. Additionally, Contractors must have access to and be capable of operating a vacuum truck and hydro-jetter to perform flood control assistance services.
c. Open ARS units and stormdrain manhole covers to facilitate faster drainage of flooded areas.
d. Remove all trash/debris, sediment, and vegetation from ARS units and stormdrain facilities to facilitate faster drainage of flooded areas.
City of Santa Ana RFP 26-018 Page A1-10 e. Provide asset ID number and photos of flooded stormdrain facilities that were responded to within 7-days of the City’s request.
f. Set-up traffic control per WATCH handbook or at the direction of City staff to safely perform flood control assistance services.
g. Utilize appropriate personal protective equipment (PPE) when performing flood control assistance services
as required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.
h. Contractor shall ensure all employees have adequate confined space entry training and equipment, when required, while providing Storm Drain Facility Maintenance Services.
i. Any other work required to safely, effectively, and lawfully perform flood control assistance services.
B. OTHER REQUIREMENTS
The City utilizes mobile platforms to document service requests and work orders. Contractors must download and utilize Cityworks and Civita to complete work orders and service requests pertaining to this Scope of Work. City staff will provide basic training to contractors.
Contractors shall have tablets and/or mobile phones to utilize in the field when completing all service requests and work orders, unless otherwise stated by the City.
Contractors shall adhere to all requirements of the City’s MS4 NPDES Permit while performing services under this contract. Contractors shall immediately notify the City should they become aware of any activities or events that may be deemed non-compliant.
C. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to the completion of the tasks outlined in this RFP. In general, this includes, but is not limited to:
x Furnish scope of work and provide general direction as-needed to complete tasks x Furnish documents, data, maps, or other information relevant to the Scope of Services
x Provide access to stormdrain facilities
x Facilitate meeting space and coordination at City facilities
D. PREVAILING WAGES
These Agreements are subject to compliance , monitoring and enforcement by the State of California Department of Industrial Relations. Contractors are required to inform themselves
City of Santa Ana RFP 26-018 Page A1-11 fully of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link:
http://www.dir.ca.gov/public-works/publicworks.html
Contractors shall provide certified payroll to the City upon invoicing. The City may not
process invoices for payment until receipt of certified payroll.
E. LICENSE REQUIREMENTS
The selected Contractors shall at a minimu m have a valid Class A General Engineering Contractors’ License. The Contractors shall list and provide all required City, County, State and Federal ID Numbers/Licenses/Permits related to this Contract, including but not limited to:
x EPA Identification Number
x EPA Acknowledgement of Notification of Hazardous Waste Activity x Hazardous Material Transportation License
x Hazardous Substances Removal & Remedial Actions Certification x California Contractors State License with “HAZ” Designation x California DMV License with ”H” Designation
F. SPECIAL REQUIREMENTS
ADDITIONAL WORK:
Upon request by the City, Contractors shall submit supplemental proposals for Additional Work not included in the Scope of Work of this Agreement. Contractors must obtain written approval prior to commencing any Additional Work.
USE OF SUBCONTRACTORS:
Subcontractors may be utilized for specialized work included in the Scope of Services (i.e. landscape and irrigation system maintenance/rep air, pump system electrical and mechanical maintenance/repair, herbicide application, or others.). Contractors and their Subcontractor(s) must demonstrate adequate experience performing all services listed in the Scope of Services for public agencies. All proposed subcontractors shall be included in the Proposal and Fee Proposal submitted by Contractors.
Mark-ups for subcontractor work shall not exceed ten percent (10%).
OTHER TERMS AND CONDITIONS:
1. All work shall be implemented in compliance with City of Santa Ana policies, as well as
City of Santa Ana RFP 26-018 Page A1-12 Prevailing Wage law and applicable State and Federal Requirements.
2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.
3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the ex ception of the confidential Financial Capacity information and fee proposals.
4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.
5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women bus iness enterprises.
All submitting Contractors must have es tablished affirmative action programs approvable by the City. During the RFP stage, all Contractors will need to complete a “Certification of Non- Discrimination by Contractors” for each firm on their team.
Appendix
ATTACHMENT 4
CONTRACT COMPARISON FORM
RFP NO. 26-018
SPILL RESPONSE, HAZARDOUS WASTE DISPOSAL, AND STORM
DRAIN FACILITY MAINTENANCE SERVICES
Proposers shall complete this form and include it as part of the fee proposal. This form will be used for fee comparison purposes and cost proposal scoring.
LABOR RATES OF CONTRACTOR PERSONNEL & EQUIPMENT RATES:
Classification
Hourly Rates
Straight Time Over-Time Premium Time
Project Manager
Supervisor
Lead Technician
Equipment Operator
Technician
Stake Bed Truck w/Liftgate
Vactor/Jetter Combo Truck
Catch Basin Cleaning Truck or Trailer
w/Vacuum and Pressure Washer
All personnel shall have a minimum of 40 hours HAZ-WOPER training as specified by 29 CFR 1910-120.
NOTES:
Rates above should include prevailing wage. If truck rate includes operator, please note that.
Straight Time: Monday through Friday, from 7:00 am to 4:00 pm.
Overtime: Monday through Friday, before 7:00 am and after 4:00 pm, and all day Saturday.
Premium Time: Sundays, City Holidays, and after 12 hours of work.
City of Santa Ana RFP 26-018 Page A4-1
170.62
195.12
216.78
170.62
195.12
216.78
123.28
155.92
190.12
123.28
155.92
190.12
123.28
155.92
190.12
69.29 69.29
69.29 387.20
415.62
453.84
229.03
257.45
295.67
SPECIAL RATES FOR CITY OF SANTA ANA
EFFECTIVE APRIL 1, 2026
DEFINITIONS
Straight Time: Monday through Friday, from 7:00 AM to 4:00 PM Overtime: Monday through Friday, before 7:00 AM and after 4:00 PM, and all day on Saturdays
Premium Time: Sundays, Following Holidays
HOLIDAYS OBSERVED
New Year's Day Labor Day
Martin Luther King, Jr.'s Birthday Presidents Day
Veterans Day Memorial Day
Fourth of July Thanksgiving Day
Day after Thanksgiving Columbus Day
Christmas Day
MINIMUM CHARGES
Four (4) hour minimum charges will apply to all call outs. Portal to Portal rates apply.
Time charges include personnel, equipment and materials for preparation, mobilization, travel to and from site, demobilization, decontamination, transportation and unloading.
DISPOSAL AND OUTSIDE COSTS
All disposal, services, non-heavy equipment rentals, and materials not on the rate sheet will be billed at cost plus a ten percent (10%) handling charge. Heavy equipment rental will be billed at cost plus twenty five percent handling charge due to high liability cost.
PAYMENT TERMS
All terms are net-forty five (45) days upon receipt of invoice, unless previous arrangements have been made. All emergency response work for non-established customers is C.O.D.
CPI INCREASE
We reserve the right to exercise a CPI increase without exceeding the 2.5% allowed.
APRIL 1, 2026 CITY OF SANTA ANA RATES
1. HAZARDOUS WASTE-TRAINED PERSONNEL HOURLY RATE
STRAIGHT OVER- PREMIUM
TIME TIME TIME
PREVAILING WAGE
PW - PROJECT MANAGER 170.62 195.12 216.78 PW - SUPERVISOR 170.62 195.12 216.78
PW - LEAD TECHNICIAN 123.28 155.92 190.12 PW - EQUIPMENT OPERATOR 123.28 155.92 190.12 PW - TECHNICIAN 123.28 155.92 190.12
ALL PERSONNEL HAVE AT A MINIMUM, 40-HR HAZ-WOPER TRAINING AS SPECIFIED BY 29 CFR 1910.120
2. CERTIFIED HAZARDOUS WASTE TRANSPORTATION VEHICLES HOURLY RATE
NON-OPERATED EQUIPMENT
UTILITY TRUCK 4X4 W/TRAFFIC CONTROL LIGHTS & LIFTGATE 69.29 GEAR TRUCK W/ LIFTGATE 69.29
EMERGENCY RESPONSE UNIT - LARGE 322.42
EMERGENCY RESPONSE UNIT - SMALL 223.93
VACUUM TRAILER - 20 BBL 75.46
25' EQUIPMENT TRAILER 48.61
STRAIGHT OVER DOUBLE
TIME TIME TIME
PREVAILING WAGE
VACUUM TRUCK - 70 BBL W/ ROPER PUMP* 229.03 257.45 295.67 VACUUM TRUCK - 120 BBL* 255.78 284.20 322.42
VACUUM TRUCK - 120 BBL STAINLESS STEEL* 283.71 312.13 350.35 DITCH WITCH UNIT* 229.03 257.45 295.67
OMNI VAC - 85 BBL* 387.20 415.62 453.84
JETTER / VACTOR COMBO UNIT* 387.20 415.62 453.84
ROLL-OFF TRUCK* 229.03 257.45 295.67
ROLL-OFF TRUCK AND TRAILER* 255.78 284.20 322.42
TRASH COMPACTOR* 301.94 330.36 368.58
45' BOX VAN* 229.03 257.45 295.67
45' FLAT BED* 229.03 257.45 295.67
3. RESPIRATORY / CONFINED SPACE ENTRY EQUIPMENT
SELF-CONTAINED BREATHING APPARATUS (30 MIN.) 188.55 DAILY 6-PACK BREATHING AIR BOTTLES 378.28 DAILY
5-MINUTE EGRESS AIR BOTTLE 53.61 DAILY
TRIPOD W/DOUBLE WINCHES 338.30 DAILY
FULL BODY HARNESS W/ SHOCK ABSORBER 48.61 DAILY "*" DENOTES EQUIPMENT INCLUDING OPERATOR.
PAGE 2 OF 6
APRIL 1, 2026 CITY OF SANTA ANA RATES
COPPUS BLOWER 273.81 DAILY
4-GAS AIR MONITOR 414.93 DAILY
PID METER 574.18 DAILY
MERCURY VAPOR ANALYZER 719.03 DAILY
OVA MONITOR 502.35 DAILY
PERSONAL 4 GAS METER 343.10 DAILY
ELECTRIC BLOWER 200.41 DAILY
4. TRAFFIC CONTROL
ARROW BOARD 307.82 DAILY
PORTABLE DECON STATION W/ARROWBOARD 411.40 DAILY BARRICADES W/ REFLECTORS, EACH 45.08 DAILY
DELINEATOR/REFLECTIVE, EACH 2.45 DAILY
NO TURN RIGHT OR LEFT SIGNS, EACH 22.05 DAILY TRAFFIC CONE/REFLECTIVE, EACH 3.72 DAILY
TRAFFIC CONTROL SIGNS 48"X48"/REFLECTIVE 51.16 DAILY
5. CLEANING EQUIPMENT
AIR COMPRESSOR 58.41 HOURLY
CHEMICAL DIAPHRAGM PUMP 431.89 DAILY
DIAPHRAGM PUMP 309.09 DAILY
1" - 4" TRANSFER HOSE (SECTION) 57.72 DAILY
6" - 8" TRANSFER HOSE (SECTION) 80.85 DAILY
INTRISICALLY SAFE PUMP FOR FUEL TANKS 151.02 DAILY SMALL JETTER - 1,000 PSI 22 GPM 97.41 HOURLY
PRESSURE WASHER - 3,500 PSI 6 GPM 83.89 HOURLY ENGINE DRIVEN PUMPS 708.74 DAILY
PORTABLE TRASH PUMP 288.32 DAILY
SUBMERSIBLE PUMP 255.58 DAILY
AIR SCRUBERS PORTABLE 239.61 DAILY
HEPA FILTERS FOR SCRUBBERS 178.85 EACH
55 GALLON CARBON SCRUBBER FOR VAC TRUCKS 273.81 DAILY
6. PORTABLE STORAGE UNITS
20-YARD BIN, OPEN TOP 35.28 DAILY
20-YARD BIN, CLOSED TOP 42.53 DAILY
40-YARD BIN, OPEN TOP 35.28 DAILY
40-YARD BIN, CLOSED TOP 45.08 DAILY
4" TANK MANIFOLD 26.75 DAILY
BIN LINERS 111.43 EACH
7. OIL SPILL EQUIPMENT
BOOM TRAILER (STANDBY) W/ 1500' OF 8"x12" BOOM 215.21 DAILY BOOM 8"x12" (DEPLOYED) 2.45 PER FT/DAY
BOOM 4"x12" (DEPLOYED) 1.37 PER FT/DAY
22' TOW/SPILL CONTROL BOAT W/ 200 HP MOTOR 184.93 HOURLY PAGE 3 OF 6
APRIL 1, 2026 CITY OF SANTA ANA RATES
22' x 8' SELF POWERED BARGE 124.07 HOURLY
19' TOOL SPILL BOAT W/90HP 124.07 HOURLY
17' TOW/SPILL CONTROL BOAT W/ 40 HP MOTOR 103.49 HOURLY 12' PUNTS 48.61 HOURLY
12' PUNTS W/ 5HP MOTOR 60.76 HOURLY
SPLASH ZONE 2-PART SEALER 226.28 PER GALLON
25 LBS ANCHORS W/ 15' CHAIN 20.68 DAILY
15 LBS ANCHORS W/ 10' CHAIN 14.60 DAILY
ROPE MOP SKIMMER 215.21 HOURLY
DRUM SKIMMER TDS-136 W/ POWER PACK 288.32 HOURLY SKIM-PAK SERIES 4000 W/ CONTROL SYSTEM 87.61 HOURLY ABSORBENT BOOM TRAILER 215.21 DAILY
ATV (ALL TERRAIN VEHICLE) W/TRAILER 375.93 DAILY FORKLIFT TRAILER 136.32 DAILY
8. MATERIALS
15 GALLON DOT DRUM, POLY 94.18 EACH
16 GALLON DOT DRUM, STEEL 166.70 EACH
30 GALLON DOT DRUM, POLY 94.18 EACH
30 GALLON DOT DRUM, STEEL 166.70 EACH
5 GALLON DOT DRUM 25.58 EACH
55 GALLON DOT DRUM, POLY 85.16 EACH
55 GALLON DOT DRUM, STEEL 83.89 EACH
55 GALLON DOT DRUM, BIO 54.68 EACH
85 GALLON DRUM, OVERPAK, STEEL 346.82 EACH
95 GALLON DRUM, OVERPAK, POLY 346.82 EACH
ACID SPILFYTER NEUTRALIZER PER GALLON 107.11 EACH BASE SPILFYTER NEUTRALIZER PER GALLON 107.11 EACH BLEACH 6.08 PER GALLON
CHEMICAL POLY TOTES 444.04 EACH
CITRI-CLEAN, 55 GALLON 1,149.74 PER DRUM
DIESEL FUEL (EQUIPMENT) 7.45 PER GALLON
DRUM LINER 3.72 EACH
DUCT TAPE 8.43 PER ROLL
HAND AUGER 120.44 DAILY
HEPA VACUUM FILTER PROTECTORS 27.93 EACH
HEPA VACUUM REPLACEMENT BAGS 27.93 EACH
OIL SORBENT POM POMS 79.18 PER BALE
ODOR / SANITIZER MULBERRY 64.88 PER GALLON
PLASTIC BAGS 103.49 PER BOX
PLASTIC SHEETING 103.49 PER ROLL
RAGS, 50 LB BOX 93.79 PER BOX
ROPE 1/2 POLY, 100' ROLL 45.08 PER ROLL
ROPE 5/8 POLY, 100' SPOOL 51.16 PER ROLL
SAMPLE JARS - 1QT 18.23 EACH
SAND BAGS 4.80 EACH
SHRINK WRAP 42.53 ROLL
PAGE 4 OF 6
APRIL 1, 2026 CITY OF SANTA ANA RATES
SIMPLE GREEN 18.23 PER GALLON
SODA ASH 8.43 PER GALLON
SORBENT BOOM, 8"x10" 75.46 EACH
SORBENT PADS 18"x18"x1/4" (200/BALE) 124.07 PER BALE SUPERFINE, 25 LB BAG 25.58 PER BAG
TRIWALL BOXES 215.21 EACH
VACTOR FLEX HOSE 4" 2.45 PER FOOT
VACTOR FLEX HOSE 6" 3.72 PER FOOT
4' LIGHT TUBE CARDBOARD DRUM 114.27 EACH
8' LIGHT TUBE CARDBOARD DRUM 88.89 EACH
9. TOOLS AND OTHER EQUIPMENT
CHEST WADERS 85.16 DAILY
CHIPPING GUNS 166.99 DAILY
CUTTING TORCH 207.96 DAILY
DRUM SAMPLING ROD (GLASS) 9.80 EACH
DRUM VACUUM - 55 GALLON 165.42 DAILY
EXTENSION LADDER 44.49 DAILY
FORK LIFT 304.09 DAILY
GENERATOR, 10KV TRAILER MOUNTED 48.61 HOURLY
GENERATOR, 5500 WATTS 222.66 DAILY
HAND TOOLS 73.01 DAILY
HEAVY DUTY JETTER NOZZLES 325.95 DAILY
HEPA VACUUM (DRY) 215.21 DAILY
HIP WADERS 73.01 DAILY
HUDSON SPRAYER 27.93 DAILY
LIFE JACKETS 22.05 DAILY
LIGHT STAND (2 BULBS) 51.16 DAILY
LIGHT TOWER (4 BULBS) 411.40 DAILY
MEALS ON SPILLS 12.15 EACH
MERCURY VACUUM 719.03 DAILY
NON-SPARKING COLD CUTTER / RIVET BUSTER 136.32 DAILY NON-SPARKING COLD CUTTER TIPS 42.53 EACH
PER DIEM ALLOWANCE ON TRAVEL 226.28 DAILY
PLUG & DIKE, 1 LB CAN 35.28 EACH
POLY SIPHON (POGO) PUMP 26.75 EACH
PORTABLE RESTROOM W / WASH STATION 215.21 DAILY PROFILING FEE (PER WASTE STREAM) 108.09 EACH
RADIO 2-WAY, INTRINSICALLY SAFE 57.23 DAILY
SAWZALL 114.37 DAILY
STIHL CUT OFF SAW 222.66 DAILY
4" TANK HOOK 105.84 DAILY
TRUCK RAMPS (30,000 LBS) 411.40 DAILY
VAPOR TIGHT DROP LIGHTS 215.21 DAILY
VENTILATION FAN 165.42 DAILY
WATER METER 359.95 DAILY
PAGE 5 OF 6
APRIL 1, 2026 CITY OF SANTA ANA RATES
WATER TANK TRAILER W/ PUMP 486.67 DAILY
10. PERSONAL PROTECTIVE EQUIPMENT (PPE)
LEVEL "A" - FULLY ENCAPSULATED GAS-TIGHT SUIT
WITH SCBA 683.75 PER SET
LEVEL "B" - POLY-TYVEK THROUGH FULLY ENCAPSU-
LATED SUIT, BUT NOT GAS TIGHT W/SCBA 215.21 PER SET LEVEL "C" - TYVEK THROUGH SARANEX SUIT W/ AIR
PURIFYING RESPIRATOR 93.79 PER SET
LEVEL "D" - TYVEK, POLY-TYVEK, COVERALL OR
RAINGEAR SUIT WITH GLOVES, BOOTS,
HARDHAT AND SAFETY GLASSES 45.08 PER SET
PAGE 6 OF 6
EXHIBIT C – Insurance Requirements
Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.
• Workers’ Compensation (WC): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees. Contractor attests that its workers’ compensation coverage extends to all persons who will be working with the City under the agreed scope of services.
• Pollution Legal Liability (PLL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
• Professional Liability (Errors and Omissions (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City.
3. All required insurance policies: For any claims related to this contract, Contractor’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Craig Foster, 20 Civic Center Plaza, M-22, Santa Ana, CA 92701.
The name and location of the project or event should be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
Subcontractors
Contractor shall require and verify that all sub- contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.