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Contract - National Plant Services - 2019-12-03AGREEMENT FOR ROUTINE MAINTENANCE OF SEWER SYSTEM National Plant Services, Inc. This Agreement ("AGREEMENT") is made and effective as of December _; 2019, between the Costa Mesa Sanitary District, a sanitary district ("DISTRICT"), and National Plant Services, Inc, a California Corporation ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This AGREEMENT shall commence immediately, and shall remain and continue in effect until tasks described herein are completed, unless sooner terminated pursuant to the provisions of this AGREEMENT. 2. SERVICES CONTRACTOR shall perform routine maintenance services ("SERVICES") of the District's sewer system that will include using combination sewer cleaning trucks to hydrojet approximately 102,105 linear feet of pipeline. CONTRACTOR shall provide logs to the DISTRICT that include day of hydrojetting, location, length of pipe cleaned and notes from operator regarding the condition of the pipeline (eg. heavy, medium or light roots, grease and/or debris, obstructions, etc.). 3. PERFORMANCE CONTRACTOR shall perform all SERVICES under this AGREEMENT in a skillful and competent manner, consistent with the standards generally recognized as being employed by CONTRACTORs in the same discipline in the State of California and consistent with all applicable laws. CONTRACTOR shall provide DISTRICT its work product in "turnkey" form. DISTRICT reserves the right to perform reasonable testing of CONTRACTOR's work product before accepting the same. CONTRACTOR shall warrant that all services provided and equipment installed shall perform in a workmanlike manner and be fit for its particular purpose. Compensation for the SERVICES shall be based on the actual amount of time spent in adequately performing the SERVICES and shall be billed at $0.65 per linear foot. However, unless expressly agreed in a written change order in advance by DISTRICT, the cost to DISTRICT for the SERVICES shall not exceed Sixty Six Thousand Three Hundred Sixty Eight Dollars and Twenty -Five Cents ($66,368.25). The written change order requirement cannot be waived. Failure to submit a written change order and receive written approval by the DISTRICT prior to performing extra work shali', constitute a waiver of a claim for additional time or compensation. CONTRACTOR understands that this job, if over One Thousand Dollars ($1,000.00) in value and not exempt, requires compliance with the prevailing wage law. (Labor Code §§ 1720 et seq.) As such, DISTRICT will ascertain the prevailing wages to be paid on this job from the Director of Industrial Relations. Said amounts are listed at hftp://www.dir.ca.gov/disr/pwd/index.htm. CONTRACTOR agrees to pay prevailing wages and maintain prevailing wage records regarding those payments. CONTRACTOR is also required to comply with the apprentice requirements. CONTRACTOR shall defend, indemnify, and hold the DISTRICT, 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. CONTRACTOR recognizes that state law makes eight (8) hours a day's work, and any worker working in excess of that time must be paid overtime. (Labor Code, § 1813.) CONTRACTOR shall, at its expense, procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this AGREEMENT by the CONTRACTOR, its agents, representatives, employees, or subcontractors. CONTRACTOR shall also require all of its subcontractors to procure and maintain the same insurance for the duration of this AGREEMENT. If CONTRACTOR is an employer or otherwise hires one (1) or more employees during the term of this PROJECT, CONTRACTOR shall procure and maintain workers' compensation coverage for such employees which meets all requirements of state law (Labor Code § 1861). At a minimum, CONTRACTOR is required to submit proof of insurance ir accordance with the following standards: Minimum Sco e of Insurance: Coverage shall be at least as broad as the latest version of the following: (1) General Liabilit : Insurance Services Office y Commercial General Liability coverage (occurrence form CG 0001): (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code I (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 1 11 11��, ;1111 IF "I",, I I � 1 11111 ��� III III I I li�'ll than: 2 PSA 30U 12 10 K PSA 30U 12 10 All insurance documents must be submitted and approved by the District's Risk Manager prior to execution of any AGREEMENT with DISTRICT. (a) Indemnification for Professional_Ij?bility. When the law establishes a professional standard of care for CONTRACTOR's services, to the fullest extewl permitted by law, CONTRACTOR shall indemnify, protect, defend, and hold harmless DISTRICT and any and all of its officials, employees, and agents from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR, its officers, agents, employees, or subCONTRACTORs (or any entity or individual that CONTRACTOR shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. (b) Indemnification for Other than Professional Liabilit . Other than in the performance of professional services and to the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless DISTRICT and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, pertain to, relate to, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONTRACTOR or by any individual or entity for which CONTRACTOR is legally liable, including, but not limited to, officers, agents, tmployees, or subCONTRACTORs of CONTRACTOR. 8. SAFETY AND SITE CONDITION CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR'S responsibility to keep the site in a clean, neat and orderly condition. It shall also be CONTRACTOR'S duty to dust -palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created. U100WAaUZM= DISTRICT may terminate this AGREEMENT at any time with or without cause. If DISTRICT terminates this AGREEMENT without cause before PROJECT completion, CONTRACTOR shall be entitled to be paid for SERVICES adequately completed prior to the notification of termination. CONTRACTOR may terminate this AGREEMENT for cause only. 4 PSA 30U 12 10 10. MISCELLANEOUS This AGREEMENT shall be interpreted according to the laws of the State of California and any action arising from this AGREEMENT shall be brought in the superior or federal district court with jurisdiction over DISTRICT. This AGREEMENT and the attachments hereto shall contain the entire agreement between the parties. This AGREEMENT cannot be modified except in a writing signed by both parties. In the event of inconsistency between this AGREEMENT and any attachment hereto, this AGREEMENT shall control in all respects. DISTRICT shall own all work product prepared in the course of providing the SERVICES under this AGREEMENT. In the event of termination of this AGREEMENT, CONTRACTOR shall immediately turn all work product over to DISTRICT. If specialized software or computer hardware is required to view or transmit said work product, CONTRACTOR shall make that software and hardware available to the DISTRICT at no cost during normal business hours. This AGREEMENT cannot be assigned without the prior written consent of the DISTRICT. CONTRACTOR is and shall at all times remain as to DISTRICT an independent contractor. No employee benefits shall be available to CONTRACTOR in connection with the performance of this AGREEMENT. Except for the fees paid to CONTRACTOR as provided in this AGREEMENT, DISTRICT shall not pay salaries, wages, or other compensation to CONTRACTOR for performing any services hereunder for DISTRICT. DISTRICT shall not be liable for compensation or indemnification to CONTRACTOR for injury or sickness arising out of performing any services hereunder. All information gained by CONTRACTOR in the performance of this AGREEMENT shall be considered confidential and shall not be released by CONTRACTOR without DISTRICT's prior written authorization. CONTRACTOR shall not, without written authorization from the General Manager or unless requested by the District Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary" provided CONTRACTOR gives DISTRICT notice of such court order or subpoena. CONTRACTOR warrants that the individual who has signed this AGREEMENT has the legal power, right, and authority to make this AGREEMENT and bind the CONTRACTOR hereto. If you agree with the terms of this AGREEMENT, indicate by signing and dating two original agreements where indicated below and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. 5 PSA 30U 12 10 DISTRICT Approved by: Genera! Manager Approved as to" Farm: Harper & Bums LLP District Counsel - PSA 30U 1210 CONTRACTOR Reviewed and Accepted by: Signature . )ENY S - Name P�ua�de�� Title %U Date !s NATIONALanyComp PLpNT SERVICES November 6, 2018 Costa Mesa Sanitary District 234 E. 17TH Street, Suite 205 Costa Mesa, CA 92627 Attention: Mr. Steve Cano Re: District Sewer Maintenance Services 2019-2020 In accordance with your request, we are pleased to submit the following proposal: 1461 Harbor Avenue Long Beach, CA 90813-2741 (562) 436-7600 (562) 495-1528 www.nationalplant.com Scope of Work: To provide sewer system and pump station maintenance and emergency services to the District at the direction of the District. Services include (but are not limited to): "hot spot" jetting, pump station cleaning, emergency sewer response services, and pre -CCTV inspection cleaning of sewers. National Plant Services Will Furnish: All supervision, equipment and personnel necessary to perform this work at the direction of Costa Mesa Sanitary District. Costa Mesa Sanitary District Will Furnish: Complete access, openings and rights -of -way to the work area; any and all local permits or licenses that may be required; all maps; all public relations and public notifications; all traffic control plans and permits that may be required; any additional traffic control that may be required in excess of NPS' truck -mounted arrowboard and cones; an unlimited water supply from the nearest available hydrant (with water meter if required); secure parking of NPS' equipment; a disposal area for debris; Price: The following schedule of rates and charges will apply to the performance of this work: 1. Sewer Maintenance Cleaning @ $.65/LF *Price is based on 2-pass cleaning; excludes root -cutting; excludes dumping time; Price is based on a minimum order(s) of 100,000 LF; Price is based on planned cleaning of all footage in a basin; excludes random cleaning; Price excludes easements; 2. Jet/Vac Unit w/Operator @ $230.00/1-Ir ST $270.00/Hr OT $320.00/Hr PT 3. CCTV Unit w/ Operator @ $200.00/1-Ir ST $250.00/Hr OT $300.00/Hr PT 4. Jet/Vac Unit w/Operator & Tech w/utility truck @ $350.00/Hr ST $450.00/Hr OT $550.00/Hr PT 5. Additional Tech @ $120.00/1-Ir ST $140.00/Hr OT $170.00/Hr PT Easements will be cleaned with 3 person crew at hourly rates. Emergency callouts — 6 hour minimum callout; NPS will furnish only JetVac and Operator — CMSD will furnish additional techs; Alternative Pricing for Maintenance Cleaning: NPS will provide JetVac w/Op at hourly rates and CMSD will provide additional Tech with utility truck and traffic control. Terms: National Plant Services' Terms and Conditions are attached and incorporated into this proposal. RRe_spectfullly submitted, i 1Z. K[.fi 4 Dennis R. Keene President Accepted by: Customer/Date: