Contract- Houston & Harris - 2021-01-11AGREEMENT FOR SEWER PIPE CLEANING
Houston & Harris, Inc.
This Agreement ("AGREEMENT") is made and effective as of January _� k -
2021, between the Costa Mesa Sanitary District, a sanitary district ("DISTRICT"), and
Houston & Harris, a corporation ("CONTRACTOR"). In consideration of the mutuail
covenants and conditions set forth herein, the parties agree as follows:
This AGREEMENT shall commence immediately, and shall remain and continu
in effect until tasks described herein are completed, unless sooner terminated pursua
to the provisions of this AGREEMENT, I
CONTRACTOR shall perform the services described in the Scope of Services
attached hereto as Exhibit "A" and incorporated herein by reference.
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 Ili 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 not exceed Twenty Six Thousand Eight
Hundred Fifty Dollars ($26,850,00) 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 shall constitute a waiver of a claim for
addonal time or compensation.
Invoices shall be submitted to DISTRICT monthly as performance of the
SERVICES progresses. DISTRICT shall review and pay the approved charges on such
invoices in a timely manner, SERVICES on the PROJECT shall begin immediately and
shall remain and continue in effect until tasks described herein are completed unless
extended by DISTRICT in writing.
PSA 30U 12 10
5. PREVAILING WAGES
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
http://www.dir.ca.gov/dlsr/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.)
6. INSURANCE
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 in
accordance with the following standards:
Minimum Scope of Insurance: Coverage shall be at least as broad as the
latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001): (2) Automobile
Liability: Insurance Services Office Business Auto Coverage form number CA 0001,
code 1 (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.
Minimum Limits of Insurance: CONTRACTOR shall maintain limits of no less
than:
(A) General Liability. One Million Dollars ($1,000,000.00) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with general aggregate limit is used, either the general
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PSA 30U 12 10
aggregate limit shall apply separately to this AGREEMENT/location or the general
aggregate limit shall be twice the required occurrence limit.
(B) Automobile Liability. One Million Dollars ($1,000,000.00) per accident for
bodily injury and property damage.
(C) Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California.
Employer's Liability limits of One Million Dollars ($1,000,000.00) per accident for bodily
injury or disease.
Insurance Endorsements: The insurance policies shall contain the following
provisions, and a separate endorsement stating to add the following provisions to the
insurance policies shall be submitted and approved by DISTRICT:
(A) General Liability. The general liability policy shall be endorsed to state that:
(1) DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall
be covered as additional insureds with respect to the work or operations performed by
or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance
as respects DISTRICT, its directors, officials, officers, employees, agents, and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
CONTRACTOR's scheduled underlying coverage. Any insurance or self-insurance
maintained by DISTRICT, its directors, officials, officers, employees, agents, and
volunteers shall be excess of the CONTRACTOR's insurance and shall not be called
upon to contribute with it in any way.
(B) Workers' Compensation and Employer's Liability Coverage. The insurer
shall agree to waive all rights of subrogation against DISTRICT, its directors, officials,
officers, employees, agents, and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the CONTRACTOR.
(C)All Coverage. Each insurance policy required by this AGREEMENT shall be
endorsed to state that: (A) coverage shall not be suspended, voided, reduced, or
canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to DISTRICT, and (B) any failure to comply with reporting or
other provisions of the policies, including breaches or warranties, shall not affect
coverage provided to DISTRICT, its directors, official, officers, employees, agents, and
volunteers.
Acceptability of Insurers: Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A-:VIII, licensed to do business in California, and
satisfactory to DISTRICT.
All insurance documents must be submitted and approved by the District's Risk
Manager prior to execution of any AGREEMENT with DISTRICT.
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PSA 30U 12 10
7. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a
professional standard of care for CONTRACTOR's services, to the fullest extent
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 Liability. 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,
employees, 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.
9. COVID-19 SAFETY MEASURES CONTRACTOR will comply and follow orders
and recommendations from County of Orange Health Officers for preventing the spread
of COVID-19 and for the protection and well being of CONTRACTOR employees,
DISTRICT staff and the general public. Health Officers orders can be found at
www.occovidl 9.ochealthinfo.com
10. TERMINATION
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.
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11. 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.
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PSA 30U 12 10
ManagerGeneral
Approved as to For
Harper
District Counsel
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PSA Sou 12 10
CONTRACTOR
Reviewed w7d AGcepted by
r
Signature
Larry Housto-ri
Name
Vice President'
Title
0110712021
Date
21831 Barton Road - Grand Terrace - CA - 92313
First in quality
A rARW3 909-422-8990.90-0-422.0841 Fax ,
houstonandharris.com First in service
CCTVInspection - NASSCO, PACP, MACP Certified Operators - Lateral Launch - Database Customization -
Data Conversion CIPP Point Repairs - Hydro -wash - Potholing - CA #884167 - DIR #1000003580 - Non Union
Estimate: This estimate is valid for 90 days
To:
Costa Mesa Sanitary District
Date:
12-18-2020
Attn:
Steve Cano
From:
Steve Douros/Pamela Houston
EmaiWax:
scano@crosdea.gov
EmaiUFax:
phoustonLM-houstonandharris.com
Re:
Sewer Cleaning Maintenance January
2021- Revision #1
Pages:
-
2
Our Prevailing Wage estimate on the above noted project is as follows, when scheduling this project please reference
this estimate to ensure you are charged the appropriate rate:
Scope of Work: Cleaning only of approximately 50,000 LF of 8" to 12" sewer lines in Costa Mesa.
Houston & Harris will provide a slow 1 to 2 pass cleaning of the sewer lines. If more cleaning is required, the
operator will contact the project manager for the City's approval to go to an hourly rate for additional cleaning. A
daily log sheet will be provided with the date, manhole numbers, daily footage and debris type identified.
We will also provide a daily rate for traffic control when a lane closure Is required. All Houston & Harris operators
are trained in traffic control per the W.A.T.C.H. manual.
Costa Mesa Sanitary District will provide either a tablet with mapping software and a Wi-Fi location along with
instructions for the operators or provide street maps. Debris disposal will be by appointment -only at OCSD in
Fountain Valley and will be scheduled by the Costa Mesa Sanitary District.
The City of Costa Mesa is approximately 51 miles from Houston & Harris' corporate yard. The travel time will be included
in the price per foot. Travel time will be for the first day and last day only. The cleaning truck will be allowed to park at the
City yard.
All tasks such as pulling permits/plans or providing water source, including water meters & usage and appropriate debris
disposal is the responsibility of the client. Additional fees will apply otherwise.
Delays beyond our control will be invoiced at hourly rates for crew and equipment.
Job is tentatively scheduled for the weeks of January 111 and January 181, 2021.
The price per foot is for 50,000 LF to 100,000 LF.
Cleaner: Two (2) man crew for 1 — 2 pass cleaning
50,000—100,000 LF per foot price $ .537/1-F
Hourly price when requested $ 380.001hour
Traffic control when requested $1,537.501day
All projects are subject to a Four (4)-Hour minimum per mobilization,
*As per Prevailing Wage labor code #1771, rates are based on Houston & Harris paying "Operating Engineer,
Group 4" & "Laborer, Group 3".
Used as defined:
Estimate: To calculate approximately (size, cost, etc.) Quote: To state a price Bid: To offer an amount as the price one will accept, or pay
Page 1 of 2
This fax;ernail and afl attachrnen'w to if are for the sale use of intended racikients, This faxlemail may also contain information which is confidential or i,vinich is ,protected from
disclosure by privilege. Any unauthorized use. disclosure. or distribution of fohis faxlemaii and its attachments is prohibited, if you are not the intended re&F.ipient, please reply via email
or fax then destroy copies received.
W'�21831 Batton Road -Grand Terrace - CA - 92313First in quality
909-4228990 - 909-422-0841 Fax
houstonandhatfis.com First in service
CCTV Inspection - NASSCO, PACP, MRCP Certified Operators - Lateral Launch - Database Customization -
Data Conversion CIPP Point Repairs - Hydro wash - Potholing - CA #884167 - DIR #1000003580 - Non Union
Estimate: This estimate is valid for 90 days
To:
Costa Mesa Sanitary District
Date:
12-18-2020
Attn:
Steve Cano
From:
Steve Douros/Pamela Houston
EmaillFax:
scano@cmsdea.gov
Email/Fax:
Phouston@houstonandharris.com
Re:
Sewer CleaniRevisionng#1 Maintenance January
2021 -
Pages:
2
AGREEMENT TERMS AND CONDITIONS:
By using our services on the above -named project and signing this agreement the customer hereby agrees to the terms and
conditions set forth below:
Houston & Harris PCS, Inc. will not be signatory to any PLA.
Estimate is based on one (1) Move -in, Monday through Friday, during day shift unless otherwise stated, as well as the job site being ready
upon our arrival, including but not limited to manholes raised and lines being dean if only a video truck is ordered. If the job should go over/under
the estimated time, customer will be charged for any worked hours over the four (4) hour minimum.
Overtime rate applies to all hours worked over an eight (8) hour on site time or eight (8) hour workday for the operator at a second job site. If
additional Move -Ins should be required our four (4) hour minimum applies.
To establish/reactivate an account, our policy of a "Good Faith" C.O.D. will apply and will be due prior to the start of such service. If fuel
surcharge and worked hours are less than the C.O.D. amount due at the time of service, excluding the 4-hour minimum, a refund will be issued
for the difference. Account credit is at the sole discretion of management.
Invoices other than COD are due upon receipt.
It is the sole responsibility of the client to be in compliance with any State or Federal Prevailing Wage requirements. The client must
notify Houston & Harris PCS, Inc. at the time of scheduling of the correct status. It is also agreed that if the project is discovered to be Prevailing
Wage after the fact, a change order will be issued and the client will be responsible for wages due, full amount of rate difference for work
completed, legal fees, as well as all fines and penalties under California Labor Codes §1720, §1720.2, §1720.3, §1720.4, §177 1, §1775, §1776,
and §1813.
Estimate is based on standard deliverables consisting of Data DVD with printed hard copy reports. Reports are now offered in PDF format
and placed on Inspection DVD. Various deliverable options are available upon request at an additional charge.
Any insurance forms requested outside of standard procedure will be charged. A $500.00 set up fee will apply for all Wrap Insurance
enrollments as well as a 2.5 % administration fee per invoiced amount.
Past due invoices are subiect to a 1 1/2% late chaEge. Houston & Harris PCS, Inc. reports all delinquent accounts to Dunn & Bradstreet.
Account cr)ed6i, 't the sole discretion of the management.
. ,
By signing tit reement the client has read and hereby agrees to the terms and conditions set forth above:
Signature
Printed Name Date
Used as defined:
Estimate, To calculate approximately (size, cost, etc.) Quote: To state a price Bid: To offer an amount as the price one will accept, or pay
Page 2 of 2
This faxlernail and ail attachments tO it are for tie sole use uf ii-iterid-ed recipients. This 1 ax;eiraA may allso con!ain informatiort %,vhi& is cont'a
derifial or which is protei;ted from.
disclosure by privilege. Any unauthc, ized use, disclosure, or distribuition of this L'm-2maj1 and its ataacl'iments is prohibited :f you are not the k-tendard reclp:ent. please reply via ernail
01 fax 'hen destroy copies received.