HomeMy WebLinkAboutAGMT - National Plant Services (Sewer Cleaning Service) AGREEMENT FOR CONTRACT SERVICES
THIS AGREMEN OR CONTRACT SERVICES (the "Agreement ") is made and entered
into as a- day o , 2004 by and between the CITY OF SEAL BEACH, a municipal
corporation ( "City' and National Plant Services, Inc., a California corporation
( "Contractor ").
RECITALS
WHEREAS, City desires to employ the services of the contractor to provide
maintenance, emergency and unit price contract services for cleaning of the city's sanitary sewer
system; and
WHEREAS, Contractor represents that it has the expertise and experience to provide
such services;
NOW THEREFORE, and for good consideration, the City and Contractor agree as
follows:
1. On " Call Services. Contractor shall provide the services described below on an as
needed basis on City -owned sewer systems at various locations citywide. Contractor
shall not proceed with any work unless the Director of Public Works or his authorized
designee provides prior written work authorization/order to Contractor.
2. Description of Services to be Provided. Contractor shall furnish all labor, materials,
tools and equipment to clean the entire sanitary sewer system as designated . by the
Department of Public Works. The entire system shall be cleaned once per year per
contra ct terms. Trouble spots shall be cleaned on either a monthly or quarterly basis,
sites to be designated by the Department of Public Works. The contractor shall
respond to emergencies within one hour of notification. The city will furnish all
necessary water and sewer maps for cleaning operations. On all sewer- cleaning
operations, the contractor shall use an approved hydraulic method of sewer cleaning.
The contractor will remove sand, egg shells, grease, roots and other debris at each
manhole and dispose of such materials in an approved manner.
2.1 Standard Specifications Except as otherwise provided herein, all Work shall be done,
and the contract shall be performed, in accordance with the provisions of the most
current edition of "STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION" (commonly known as "the GREEN BOOK ") including
Supplements, prepared and promulgated by the Southern California Chapter of the
American Public Works Association and the Associated General Contractors of
California, which specifications are hereinafter referred to as the "Standard
Specifications."
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3. Term. Subject to the termination provisions set forth herein below, the term of this
Agreement shall be three (3) years from the date of execution. The parties may extend
the term by written mutual agreement on a 2 -year basis not to exceed an additional
four (4) years.
4. Party Representatives.
The City designates the following person to act on the City's behalf: ,
Douglas A. Danes, P.E., Director of Public Works
The Contractor designates the following person to act on Contractor's behalf:
Dennis Keene, President
5. Attachments. This Agreement incorporates by reference the following Attachments to
this Agreement:
Attachment 1: Scope of Work
Attachment 2: Schedule of Compensation
6. Integration. This Agreement represents the entire understanding of City and
Contractor as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with regard to those matters covered by
this Agreement. This Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement. This Agreement may only
be amended by the mutual consent of the parties by an instrument in writing.
7. Standard of Performance. Contractor agrees that all services shall be perfonned in a
competent, professional, and satisfactory manner in accordance with the standards
prevalent in the industry, and that all goods, materials, equipment or personal property
included within the services herein shall be of good quality, fit for the purpose
intended.
8. Performance to Satisfaction of City. Contractor agrees to perform all work to the
satisfaction of City within the time specified. If Contractor's work is not satisfactory
in the opinion of City's designated representative, City has the right to take
appropriate action, including but not limited to any or all of the following: (I) meeting
with Contractor to review the quality of the work and resolve matters of concern; (ii)
requiring Contractor to repeat or correct the work at no additional fee until it is
satisfactory; (iii) suspending the delivery of new or additional work to Contractor for
an indefinite time; (iv) withholding payment; and (v) terminating this Agreement as
hereinafter set forth. City's options set forth herein are non - exclusive, and are in
addition to any remedy available at law to City.
9. Prohibition Against Subcontracting or Assignment. Contractor shall not contract
with any other entity to perform in whole or in part the services required hereunder
without the express written approval of City. In addition, neither the Agreement nor
any interest herein may be transferred, assigned, conveyed, hypothecated, or
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encumbered voluntarily or by operation of law, whether for the benefit of creditors or
otherwise, without the prior written approval of City. In the event of any unapproved
transfer, including in any bankruptcy 'proceeding, City may void the Agreement at
City's option in its sole and absolute discretion. No approved transfer shall release
any surety of Contractor of any liability hereunder without the express consent of City.
10. Compensation. Contractor shall be compensated per attached Schedule of
Compensation supplied in Attachment 1.
For the second and subsequent contract years the Contractor may petition the City for
an increase in the hourly rates set forth in Attachment 1 on the basis of: (a) unusual
changes in his cost of doing business, due to revised laws or regulations, over which
the Contractor has no control; or (b) a yearly increase in the C.P.I. in excess of three
percent over the preceding year.
In order to justify an increase, the Contractor shall submit financial and accounting
data to the City which clearly substantiates the requested increase. After consideration
of such financial and accounting data as submitted by the Contractor and any other
relevant information, the City Council shall disapprove, approve, or approve with
modification the requested increase. The decision of the City Council shall be final
and conclusive. The Contractor agrees to abide by the City Council's decision
11. Insurance. Contractor shall have insurance as follows:
11.1 General Liability (including premises and operations, contractual liability,
personal injury, independent contractors liability): One Million Dollars
($1,000,000.00) Single Limit, per occurrence. If commercial general liability
insurance or other form with a general aggregate limit is used, either the general
aggregate shall apply separately to this project, or the general aggregate limit
shall be three times the occurrence limit.
11.2 Automobile Liability (including owned, non - owned, and hired autos): One
Million Dollars ($1,000,000.00), Single limit, per occurrence for bodily injury
and property damage.
11.3 Employer's Liability One Million Dollars ($1,000,000.00) €t e for
injuries incurred in providing services under this Agreement (if Contractor is
required to have per the laws of California).
11.4 Workers Compensation Contractor shall, to the extent required by state law,
provide Employee's Insurance Workers' Compensation Insurance for the
protection of Contractor's employees. Contractor shall file a certificate of
insurance which evidences that Contractor is in compliance with said Worker's
Compensation Insurance requirement. Contractor shall require all subcontractors
similarly to provide such Workers' Compensation Insurance and certificates of
insurance for their respective employees.
11.5 General Requirements. All of Contractor's and its sub - contractor's policies of
insurance shall:
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A. Name City, its officers, officials, employees, agents,
representatives and volunteers (collectively hereinafter "City and City
Personnel ") as additional insured and contain no special limitations on the
scope of protection afforded to City and City Personnel;
B. Be primary insurance and shall provide that any insurance or
self - insurance maintained by City or City Personnel shall be in excess of
Contractor's insurance and shall not contribute with it;
C. Be "occurrence" rather than "claims made" insurance;,
D. Apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability;
E. Be endorsed to state that the insurer shall waive all rights of
subrogation against City and City Personnel; and
F. Be written by good and solvent insurer(s) admitted to do
business in the State of California and acceptable to City.
11.6 Deductibles. Any deductibles or self - insured retentions must be declared
to and approved by City prior to the exe ut'o of this Agreement by City.
11.7 Notice of Policy Changes. Each such insurance policy shall be endorsed
to state that coverage shall not be suspended, voided, cancelled, reduced in coverage
or in limits, non - renewed, or,materially changed for . any reason; without thirty (30)4
days prior written notice thereof given by the insurer to City by U.S. mail, certified, or
by personal delivery. In addition to such notice provided to City by the insurer,
Contractor shall also provide City with thirty, (30) days prior written notice, by
certified mail return receipt requested, of the suspension, voiding, cancellation,
reduction in coverage or in limits, non - renewal, or material change for any reason, of
any such insurance policy or policies. 14 e e yi-- to A v g t cpattiolt w d ((
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11.8 Evidence of Coverage. Contractor shall furnish City with certificates o
insurance demonstrating the coverage required by this Agreement which shall be
received and approved by City not less than five (5) working days before work
commences. The duplicate originals and original endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf. The procuring of such insurance or the delivery of duplicate originals and
endorsements evidencing the same shall not be construed as a limitation on
Contractor's obligation to indemnify City and City Personnel.
12. Indemnification. Contractor shall indemnify, defend, and hold City and City
Personnel harmless from and against any and all actions, claims, demands, judgments,
attorney's fees, costs, damage to persons or property, penalties, obligations, expenses
or liabilities that may be asserted or claimed by any person or entity arising out of the
acts, errors, or omissions of Contractor, its employees, agents, representatives or
subcontractors in the performance of any tasks or services for or on behalf of City,
whether or not there is concurrent active or passive negligence on the part of City
and /or City Personnel; provided, however, that the Contractor shall not be required to
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indemnify, defend or hold harmless City or City Personnel against claims arising from
the sole active negligence or willful misconduct of City or City Personnel. In
connection therewith:
oK QIn'a
12.1 Contractor shall defend, = _ - -, any action or
actions filed in connection with any such claimed damage, injury, penalty, obligation
or liability, and shall pay all costs and expenses, including attorney's fees, incurred
therewith. t/
12.2 In the event City and /or any City Personnel is made a party to any action h
or proceeding filed or prosecuted for any such claimed damage, injury, penalty,
obligation or liability Contractor shall defend City and pay to City any and all costs e
an expenses d by City in such action or proceeding, together with actual
attorney's fees and expert wit -ss ees.
13. Compliance with Laws. Contractor shall keep fully infonned of all State and Federal
laws and County and Municipal ordinances and regulations which in any manner
affect those employed by it or in any way affect the performance of services pursuant rte
to this Agreement. Contractor shall at all times observe and comply with all such
laws, ordinances, and regulations and shall be responsible for the compliance of all
work and services performed by or on behalf of Contractor. Each and every provision
required by law to be inserted into this Agreement shall be deemed to be inserted, and
this Agreement shall be read and enforced as though they were included.
13.1 This contract is subject to the provisions of Article 1.5 (commencing at
Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding
the resolution of public works claims of less than $375,000. Article 1.5 mandates
certain procedures for the filing of claims and supporting documentation by the
contractor, for the response to such claims by the contracting public agency, for a
mandatory meet ' and confer conference upon the request of the contractor, for
mandatory nonbonding mediation in the event litigation is commenced, and for
mandatory judicial arbitration upon the failure to resolve the dispute through
mediation. This contract hereby incorporates the provisions of Article 1.5 as though
fully set forth herein.
13.2 This contract is further subject to the provisions of Article 1.7
(commencing at Section 20104.50) of Division 2, Part 3 of the California Public
Contract Code regarding prompt payment of contractors by local governments.
Article 1.7 mandates certain procedures for the payment of undisputed and properly
submitted payment requests within 30 days after receipt, for the review of payment
requests, for notice to the contractor of improper payment requests, and provides for
the payment of interest on progress payment requests which are not timely made in
accordance with this Article. This contract hereby incorporates the provisions of
Article 1.7 as though fully set forth herein.
14. Independent Contractor. Contractor shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly
independent contractor. City shall not in any way or for any purpose become or be
deemed to be a partner or employer of Contractor in its business or otherwise, or a
joint venture, or a member of any joint enterprise with Contractor. Contractor shall
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not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. Neither Contractor nor any of Contractor's employees
shall at any time, or in any way, be entitled to any sick leave, vacation, retirement, or
other fringe benefits from City; and neither Contractor nor any of its employees shall
be paid by City any wage or overtime benefit. City is under no obligation to withhold
State and Federal tax deductions from Contractor's compensation. Neither Contractor
nor any of Contractor's employees shall be included in the competitive service, have
any property right to any position, or any of the rights a City employee might
otherwise have in the event of termination of employment.
15. Covenant Against Discrimination. Contractor covenants for itself, its heirs,
executors, assigns, and all persons claiming under or through it, that there shall be no
discrimination against any person on account of race, color, creed, relation, sex,
marital status, national origin, or ancestry, in the performance of this Agreement.
Contractor further,covenants and agrees to comply with the terms of the Americans
with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) as the same may be amended
from time to time.
16. Termination By City. City reserves the right to teiniinate this Agreement at any
time, with or without cause, upon written notice to Contractor. Upon receipt of any
notice of termination from City, Contractor shall immediately cease all services
hereunder except such as may be specifically approved in writing by City. Contractor
shall be entitled to compensation for all services rendered prior to receipt of City's
notice of termination and for any services authorized in writing by City thereafter.
17. Waiver. No delay or omission in the exercise of any right or remedy by a non -
defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party require the
party's consent or approval shall not be deemed to waive or render unnecessary the
other party's consent to or approval of any subsequent act. Any waiver by either party
of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
18. Legal Actions. The Municipal and Superior Courts of the State of California in the
County of Orange shall have the exclusive jurisdiction of any litigation between the
parties arising out of this Agreement. This Agreement shall be governed by, and
construed under, the laws of the State of California. The rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party
19. Attorneys' Fees. If either party to this Agreement is required to initiate or defend, or
is made a party to, any action or proceeding in any way connected with this
Agreement, the party prevailing in the final judgment in such action or proceeding, in
addition to any other relief which may be granted, shall be entitled to litigation costs,
including actual attorney's fees and expert witness fees.
20. Force Majeure. The time period specified in this Agreement for performance of
work may be extended by City because of any delays due to unforeseeable causes
beyond the control and without the fault or negligence of Contractor, including, but
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not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight
embargoes, wars, litigation, and /or acts of any governmental agency, including City,
provided that Contractor shall within ten (10) days of the commencement of such
delay notify City in writing of the causes and length of the delay. If Contractor gives
notice of such delay, City shall ascertain the facts and the extent of delay, and extend
the time for performing the services for the period of the enforced delay, when and if
in the judgments of City, such delay is justified. City's determination shall be made in
writing, and shall be final and conclusive upon the parties to this Agreement. In no
event shall Contractor be entitled to recover damages against City for any delay in the
performance of this Agreement, however caused. Contractor's sole remedy shall be
extension of this Agreement.
21. Notices. Unless otherwise provided herein, all notices required to be delivered under
this Agreement or under applicable law shall be personally delivered, or delivered by
United States mail, prepaid, certified, return receipt requested, or by reputable
document delivery service that provides a receipt showing date and time of delivery.
Notices personally delivered or delivered by a document delivery service shall be
effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the
second calendar day following dispatch. Notices shall be delivered to the following
addresses:
To City:
Doug Dancs, P.E., Director of Public Works/City ks /City Engineer
City of Seal Beach
211 Eighth Street
Seal Beach, 90740
To Contractor:
Dennis Keene, President
National Plant Services, Inc.
1461 Harbor Avenue
Long Beach, CA 90813
22. Time of Essence. Time is of the essence in the performance of this Agreement.
23. Interpretation: Severability. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply. The Section headings are for purposes of
convenience only, and shall not be construed to limit or extend the meaning of this
Agreement. Each provision of this Agreement shall be severable from the whole. If
any provision of this Agreement shall be found contrary to law, the remainder of this "
Agreement shall continue in full force.
24. _ Corporate Authority. The person(s) executing this Agreement on behalf of the
parties hereto warrant that (i) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by
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• so executing this Agreement, such party is fonnally bound to the provisions of this
Agreement, and (iv) the entering into this Agreement does not violate any provision of
any other Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
for Contract Services as of the date first set forth above.
. / p e
CITY 0 BEAC CONTRACTOR
By: Ali 6 • By:
Its: it Mana_er Its: 1
Attest: By:
Its:
City Clerk
APPROVED AS TO FORM:
B: go
Y
Its: City Attorney
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ATTACHMENT 1
SCOPE OF WORK
A. Background — The City of Seal Beach provides sewer service to the northeast and
southwest sections of Seal Beach and the Sunset Aquatic Park. The areas of Leisure
World, College Park West, and Surfside are within the City's limits but are currently
not served by the City. Estimated population in the sewer service area is 15,751.
Existing average wastewater flow generated within the City's service areas is 1.54
million gallons per day.
B. General — Service Provider will furnish all labor, materials, equipment, and
incidentals necessary for the cleaning of approximately 155,000 ± feet of sewer lines
and manholes described herein. The Service Provider shall be responsible for the
removal of debris from the pipeline and shall take all the necessary steps to en sure
that no spills of any water occur. Pipeline debris is described as, but not limited to,
sludge, dirt, sand, rocks, grease, roots, and other solid or semisolid materials. The
sewers in this contract area were all cleaned within the past two years by the City of Seal
Beach.
Sewer lines are VCP, DIP, and PVC and range in sizes from 6 to 24 inches in
diameter. Lengths shown are approximate. Payment will be for actual footage
cleaned.
Work crews shall be on site from 7:00 a.rn. to 3:30 p.rn., Monday through Thursday.
All sewers shall be cleaned every twelve (12) months.
C. Cleaning Equipment
Combination of high velocity hydro - cleaning and vacuum removal equipment shall be
utilized and shall have the following features as a minimum:
1. A minimum of 900 feet of 1 -inch diameter high - pressure hydro flushing hose.
2. Two or more high velocity nozzles capable of producing a scouring action from 15
degrees to 45 degrees in all size lines to be cleaned. Nozzle skids shall be used for
the appropriate size of pipe being cleaned.
Note: Nozzle jet orifices shall be inspected periodically by the Service Provider
and City of Seal Beach representative to ensure jet diameter does not exceed
0.0860 -inch in diameter. Nozzle jets will be considered worn if a 3/30" drill bit
can be inserted into the jet orifice. The nozzle shall then be removed from service.
For nozzles with replaceable jets, the oversize jets shall be replaced before the
nozzle can be used again.
3. At least one root cutter attachment for 6" through 15" pipe.
4. A high - pressure handgun for washing and scouring manhole walls, channels,
shelves, and manhole cover frames.
5. A 1,500 -gallon minimum water tank, pump, and a hydraulically driven hose reel.
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6. Equipment operational controls located above ground.
7. Minimum working pressure of 1,200 pounds per square inch at 60 G.P.M. rate.
8. Centrifugal or positive displacement blower vacuum equipment suitable to remove
all debris at the downstream manhole while the hydro flushing is being performed.
9. Two (2) two -way hand -held radios for communication and a Nextel phone with
walkie /talkie feature for communication with City.
D. Cleaning Precautions — During sewer cleaning operations, satisfactory precautions
shall be taken in the use of cleaning equipment to ensure that the water pressure or
head created does not damage or cause flooding of public or private property being
served by the sewer. Care shall be exercised in the selection and use of the cleaning
tools to avoid pipe damage. Service Provider shall be responsible for all costs for
repairs and /or clean up to City -owned or private property to City's satisfaction. Use of
a nozzle skid is required to prevent accidental entry of nozzle into house connections.
E. Sewer Cleaning Procedures — The designated sewer line segments will be cleaned
using combination high - velocity jet with vacuum removal. The nonnal cleaning
operation shall be to jet from the downstream manhole towards the upstream manhole
thereby pulling any debris back to the downstream manhole. If no debris is present
then a single pass shall be sufficient. If debris is encountered the entire run shall be
made repeatedly until debris is no longer present. At any sign of significant dirt and
gravel the cleaning operation for that pipe shall cease and City shall be notified of a
possible line break.
Once the appropriate traffic control has been placed, the Service Provider shall wash
the upstream manhole with the high- pressure water gun while being cautious not to
spray any surrounding vehicles or pedestrians. Any major defects in the manhole or
the frame and cover shall be noted and brought to the attention of the City for remedy.
Selection of the equipment used will be based on the conditions of the sewer lines at
the time work commences. The equipment and methods selected must be satisfactory
to City's representative(s). The equipment shall be capable of removing dirt, grease,
roots and other materials and obstructions from the sewer lines and manholes. If
cleaning of an entire section cannot be successfully perfonned from the downstream
manhole, the equipment will be set up on the upstream manhole and cleaning will
again be attempted. If successful cleaning again cannot be perfonned or the
equipment fails to traverse the entire manhole section, it will be assumed that a major
blockage exists and the Service Provider will notify City's representative(s) of this
condition immediately for further instructions. Pullback rate on jetting shall not be
greater than three feet per second.
The cleaning method shall be to jet from the upstream manhole downslope from the
upstream manhole downslope for washing purposes on pipeline segments with
extremely steep slopes where the jetter nozzle fails to climb to the upstream manhole.
Then to jet from the downstream manhole upslope so that the cleaning directions
overlap. Water for cleaning will be from the closest available fire hydrant. The
Service Provider shall make arrangements with the local water agency to get water
from the local fire hydrant.
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If there are any questions regarding previous cleaning data, they should be directed to
Jeff Watson, Manager, Maintenance Services at 562/493 -8660.
F. Material Removed — The Service Provider shall be responsible for the removal of
debris from the pipeline and cleaning and/or re- cleaning the pipe wall to City's .
satisfaction as proven by the closed circuit television (CCTV) video. All sludge, dirt,
sand, rocks, roots, grease and other solid or semisolid material resulting from the
cleaning operation shall be removed at the downstream manhole of the section being
cleaned. Passing material from manhole section to manhole section, which may cause
line stoppages, shall . not be permitted.
G. Material Disposal — Liquids shall be decanted and rained back to the sewer. All solids
or semisolid resulting from the cleaning operations will be removed from the work site and
disposed of at no added cost to the Service Provider in the Digester cleaning beds at OCSD's
Treatment Plant No. 2 located in Huntington Beach, California. All materials will be
removed from the work site at the end of each workday. Under no circumstances will
the Service Provider be allowed to accumulate debris, etc. on the site of work beyond a
single workday.
H. Spill Reporting and Handling — Service Provider shall immediately notify City's
representative(s) of any manhole overflow or interruption/backup of customer service.
The Service Provider shall take all measures possible to immediately contain and
control all overflow. The City of Seal Beach Sanitary Sewer Overflow Emergency
Response Plan is available for review at City Hall (211 8 Street) and at the City
Public Works Yard (1776 Adolfo Lopez Drive). Service Provider shall be responsible
for any fines levied by others as `a result of the Service Provider's work.
Ultimately, if the Service Provider is involved with a spill, he must:
1. First and immediately notify the City of Seal Beach at 562/493 -8660 or 562/431 -
2527. The City will then make the notifications required.by OCSD. Once a spill is
reported to the City of Seal Beach, personnel will be dispatched to assist the
Service Provider.
2. Secondly, the Service Provider must attempt to contain the spill to isolate it from
entry to any waterways.
3. Thirdly, the Service Provider must attempt to relieve the spill. Once the spill has
been contained and relieved, the area must be cleaned up.
4. Lastly, follow -up reports must be made.
Service Provider shall be responsible for any fines levied by others, reimbursement of
any agency incurred costs, damage, cleanup, restoration of flow, and any disruption of
service costs to customers as a result of Service Provider's work. The customer in
addition to any and all costs incurs this.
Service Provider shall also notify the City of Seal Beach immediately of any apparent
non - Service Provider related spills and/or any abnormal conditions.
Confined Space Issues and Safety Issues — All manholes in this work are defined as
Title 8 Permit Required Confined Spaces. The Service Provider's attention is directed
to the General Industry Safety Orders of the State of California, Article 108, Confined
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Spaces, Section 5157 (Title 8 of California Code of Regulations, Sections 5167, 5157,
5158). Service Provider shall attend a safety meeting at OCSD with the Safety and
Emergency Response Division prior to the award for the purpose of reviewing the
Service Providers safety manuals, his knowledge of Title 8, and to discuss all safety
aspects of the job.
All work shall be conducted from above ground. Manhole entry, if required, shall be
conducted in strict accordance with permit- required confined space entry regulations.
These regulations include, at a minimum: entry permit, trained authorized entrant(s),
attendant(s), entry supervisor(s), full body harness (with life line), mechanical retrieval
device, continued force air ventilation, continuous air monitoring, communication
system (minimum two types), and all other protective equipment that may be required.
Work shall be conducted in accordance with all Federal, State, and local laws and
regulations.
The local fire department may be able to offer services for Confined Space rescue.
Service Provider shall make any and all arrangements necessary at no additional costs
to the City of Seal Beach.
J. Traffic Control — All traffic control shall be in accordance with the latest
CALTRANS regulations and the WATCH (Work Area Traffic Control Handbook),
latest edition, and based on the speed limits posted in the work zones. Flagmen may be
required in some locations. Additional local regulations shall have precedence.
Service Provider shall apply for all traffic control permits and pay all fees and permits
for said permits. Safe and adequate pedestrian and vehicular access shall be provided
in accordance with Section 7 -10 of the Standard Specifications for Public Works
Construction, 2000 Edition.
NOTE: Inadequate or improper signing and delineation for
traffic control may be cause for the cancellation of the contract.
K. Work Plan — The Service Provider shall prepare a weekly work plan and
submit it one (1) week in advance to the City representative, Alan Bramlett,
for review and approval at 562/493 -8660, ext. 409. The plan shall verify the
cleaning sequence and identify all the line sections to be cleaned based on City
maps and sequence data provided. Plan may be amended for weather or local
road maintenance or construction issues discovered by either party.
L. Work Documentation — Weekly reports based on the work plan shall be
submitted for City review with the invoice for payment. Service Provider's
log sheets, with a section -by- section breakdown, including comments, shall be
maintained on site, in a legible mariner, for review at all times. Comments on
log sheets shall include notice of badly worn fames and covers and of badly
deteriorated manhole concrete structures.
M. Crew Size — Service Provider shall provide a minimum of a two- person crew
at all times, and one personal shall witness the jetting nozzle reach the
upstream manhole. A crew of three shall be utilized for all work in confined
spaces. Additional personnel shall be utilized when needed for traffic control
flagmen.
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NOTES:
• All manhole numbers used in the inspection report and all data files will be
provided by the City.
• The Inspection Report for each segment shall contain the following as directed by
the City:
1. Agency project or Contract number
2. Date
3. Time
4. Weather condition
5. Service Provider name
6. Service Provider job number
7. Operator(s) name
8. Street name or location
9. Cross street name or location
10. Manhole number (access point) — up stream
11. Manhole number (access point) — down stream
12. Manhole to manhole segment number
13. Pipe — size
14. Pipe — slope
15. Notice of severely worn manhole covers
16. Notice of severely deteriorated manhole concrete structures
17. Notice of severely deteriorated manhole liners or coatings
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ATTACHMENT 2
SCHEDULE OF COMPENSATION
Item Description Unit Quantity Unit Price in Words Unit Price in Extended Price
No. Estimate Numbers
1 Annual LF 155,000 $0.22 $34,100
Cleaning of
entire gravity
system, 6 "-
24"
2 Monthly Hour 96 $160.00 $15,360
cleaning of (8 x12)
"Hot Spots"
3 Quarterly Hour 192 $160.00 $30,720
cleaning of (16 x 12)
"Hot Spots"
4 After hours Each 4 $450.00 $1,800
emergency
call -out,
mobilization
and demob.
5 After hour Hour 8 $210.00 $1,680
emergency (2 x 4)
cleaning, 2hr
min.
6 Misc Hour 8 $160.00 $1,280
cleaning
g t ,„ F E �i t - f
5 '�' Tr' } x �� +�:' � _7d' � .
"u �y}- te ' tL
�� _. � F`� ,
14
0 a
4S`A` eF NOTICE OF AWARD •
�9 Zr q2.. Department of Public Works
\onn�P� Sent Via Fax to CONTRACTOR— Original to Follow in Mall
City Project Number Project Name:
Sewer Cleaning Service
Other Project Numbers (State, Fed...):
Contractor Name and Address: . Distribution and Copies to:
Dennis Keene, President Dennis Keene, President
National Plant Services, Inc. Douglas A. Dancs, P.E. City of Seal Beach
1461 Harbor Avenue Mark Vukojevic P.E. City of Seal Beach
Long Beach, CA 90813 Jeff Watson, Maintenance Services Manager
Project Binder
Amount of Contract Award Date •
$84,940 per year April 26, 2003
Contract Time
3 Years plus 2-2yr. Extension
apon mutual agreement
You are hereby notified that City Council awarded
your firm the contract on the date described above. An authorized representative from each
The Contract Documents provides that the subcontractor must attend the meeting.
Contractor shall provide the following:
. The Contract Documents provide that the
Three executed copies of the Submittals are due Contractor shall provide the following:
within 15 calendar days from the date of award
described above. ❑ Preliminary Schedule
❑ Designation in writing of Contractor's
❑ Public Works Contract Project Manager
❑ . Indemnification and Hold Harmless ❑ Designation in writing of Contractor's
Agreement and Waiver of Subrogation and Superintendent
9 Li CoContribution
❑ 24 Hour Emergency Telephone Numbers
Insurance Requirements of City of Seal
ntact People for after hours work
Beach ❑ Designation Contractor's Phone Number for
0. Workers' Compensation Certification b Citizen Complaints
❑ All Certifications of Insurance on City Forms ❑ Personnel list and information for this
(General Liability, Auto Liability, Excess contract. •
Liability)
NOTE: All documents must be on City forms. No If you have any questions, please contact the Public
documents will be accepted that are in any way Works Department at (562) 431-2527.
modified by the Contractor.
By order of the City of Seal Beach,
You are hereby notified that the pre-construction /// 3� c(
conference will be held on: f(/
Engineering Division Date
To be announced at a later date
Room 28 at Seal Beach City Hall
211 8th Street, Seal Beach, CA 90740
PROOF OF PUBLIC•ION This space is for the County
(2015.5 C.C.P.) Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
- I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen Proof of Publication of
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a •••••••••••••••••••••••••••••••••••• •
newspaper of general circulation,
printed and published weekly in the ••••NN•N•ACHO•,NNN•NNNN•NN•••N•••
Y CITY OF SEAL BEACH ;;"1 DOCUMENTS:AINING CONTRACT'
City of Seal Beach, County of NOTICE INVITING (DO
Y Y SEALED BIDS Contract-documents for the
PROJECT NAME: . , above-referenced project may
Orange and which newspaper has ANNUAL CONTRACT SEWER be obtained at the Office of the
LINE CLEANING Director of Public Works,211
been adjudged a newspaper of BIDS MUST BE RECEIVED • Eighth Street,Seal Beach CA.
BY: ' - I No bid proposal will be received
general circulation by the Superior 11:00 AM,MONDAY,APRIL 5, . unless it is made on the official
2004'. , proposal forms furnished by the
Court of the County of Orange, State ,BIDS TO BE OPENED BY: City.The bidder shall submit bids
Y g 11:00 AM,MONDAY;APRIL 5, : in a sealed envelope marked out-
2004 • side, THE CITY OF SEAL
of California, under the date of PLACE OF BID RECEIPT: - BEACH,"SEWER LINE CLEAN-
2/24/75. Case Number A82583; that OFFIOEOFTHECITY R G"DO NOT'OPEN WITH
CLERK REGULAR MAIL"
the notice of which the annexed is a 211 EIGHTH STREET CITY OF SEAL BEACH
SEAL BEACH,CA 90740 1 RIGHT OF REJECTION OR
type not smaller NOTICE IS HEREBY GIVEN WAIVER:
P rinted copy (set in YN The City reserves the right to
that the ra n of Seal Beach, ,Coun-I,will reject any or all bids or any parts
than nonpareil), has been published receive Orange,California, will thereof,and to waive any Meg,
receive up to,but not later than' ularities or informalities in any
in each regular and entire issue of
the set forth above,sealed con bid or in the bidding,and to make
-tract bids for award of a contract awards in all or part in the best
said newsna er and not i for equipment.All bid proposal interests of the City.
N Y forms furnished by the City and
n an
p WITHDRAWAL OF.BID:
supplement thereof on the following ,placed,together with the accorn- No bidder may withdraw his bid
following panying documents and secun- fora period of 60 days after the
dates, to-wit: ty, in a sealed package date set for the opening of bids,
s addressed to the City Clerk at CITY OF SEAL BEACH
the above address,with the pro- Dated:March 9,2004
311 ject name and identification num- Douglas A.Dancs,P.E.
ber typed or clearly printed on_ Director of Public Works
the lower left comer of the pack-
age.All bid proposals must corn- SEAL BEACH SUN 3/18/2004
all in the year 2004. ply with the requirements con- —
tained in this Notice and in the
specifications and other contract
documents.All bids in apparent •
I certify (or declare) under penalty of Tents with peened and shall be opened avd pub-
lidfime tthedIaeo bidvet
perjury that the foregoing is true and identified nmedtab place of bid receipt
itlentifietl above.
correct. PROJECT DESCRIPTION:
Provide all labor,materials,and .
equipment necessary for clean-
ing of approximately 155,000+ .
Dated at Seal Beach, CA, feet of sewer lines and manholes
�,ch�_,� ^w inaccordance within the specl-
thiS day fication,'.plans,and documents
da of 2004. oche City on SearBeach.
•
(/� Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
•
Az APR /— "e/- o
• • °F Dl1`f/Qa';
Old -fcwrl/cp A tizAL •
t
PUBLIC WORKS CONTRACT
Cleaning, Inspection and Video Taping of College Park East and Old Town Sewers
City Project No: 50039 and 50040 t
For the following project named CICIy„tr� 1 'Jjlw ld n Ma J s�7 Ot Co((b(t"AIL - No 0� ,1 N)
,in the City of Seal Beach. 0 Y }{��
THIS AGREEMENT, made and entered into this (1."% day of 200_, by and
between the City of Seal Beach, California, hereinafter referred to as the "CITY," of the First Part,
and
NRT e it-A441- Sw4.1\,
hereinafter designated as the"CONTRACTOR," Party of the Second Part.
WITNESSETH: That the Parties do hereto mutually agree as follows:
ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by said CITY, the CONTRACTOR agrees with said CITY to perform and complete
in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in
the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all
tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be
furnished by the CITY), and to do everything required by this Agreement and the said Specifications,
Drawings,and Contract Documents.
ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary
works or structures, tools and equipment and doing all the work contemplated and embraced in this
Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action
of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution
of the work until its acceptance by said CITY, and for all risks of every description connected with the
work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work;
except such as in the said Specifications are expressly stipulated to be borne by the said CITY and
faithfully completing the work and the whole thereof, in the manner shown and described in the said
Drawings, Specifications, and Contract Documents and in accordance with the requirements of the
Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the
unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal.
ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does
hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and
conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at
the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and
the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby
agree to the full performance of the covenants herein contained.
ARTICLE IV. The advertisement for Bids,the Proposal, the Specifications, and the Drawings mentioned
therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are
hereby incorporated in and made a part of this Agreement.
ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is
hereby specifically referred to and by this reference is made a part of this contract. It is further expressly
agreed by and between the parties hereto that should there be any conflict between the terns of this
instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing
herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE VI. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions
of Section 3700 of the Labor Code which require every employer to be insured against liability for
3
• •
BOOK IIOFHI 1
CONTRACT DOCUMENTS 1
DOCUMENTS TO SUBMIT UPON AWARD: 1
PUBLIC WORKS CONTRACT 3
PERFORMANCE BOND 5
INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND
WAIVER OF SUBROGATION AND CONTRIBUTION 9
AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW
REQUIREMENTS 10
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS' LICENSING LAWS 11
INSURANCE REQUIREMENTS 13
WORKER'S COMPENSATION CERTIFICATE OF INSURANCE 15
ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE
GENERAL LIABILITY 16
ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY
18
ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 90
2
M ' • •
•
workmen's compensation or to undertake self-insurance in accordance with the provisions of that code,and
I will comply with such provisions before commencing the performance of the work of this contract.
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year
first above written.
CITY OF SEAL BEAC CALIFORNIA
Party of the First
BY
City Manage
ATTE'T:
erk
BY /
y' Lr/
CO Y • C - Party of the Second Part
?L1otecfr , NIATIet4AL QL-4(QrSeuxIvcfiS, >e -
Title
I't4( i YL detI^+4- ML C4- 90813
Address
4
. • 4r
Bond No. Bond Premium
•
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach,has awarded
(Name and address of Contractor)
("Principal"),a contract(the"Contract") for the work described as follows:
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful
performance of the Contract.
NOW,THEREFORE, we,the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the penal sum of
Dollars (S ), this amount being not less than the total
contract price, in lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the
Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed,all within the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and
others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain
in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court.
FURTHER,the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,
or the specifications for the same, shall in any way affect its obligations under this bond,and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all
rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and
5