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Contract - Houston & Harris, Inc - 2021-02-25AGREEMENT FOR SEWER PIPE CLEANING Houston & Harris, Inc. This Agreement is made and effective as of rvekU y :V, 2021, between the Costa Mesa Sanitary District, a sanitary district ("District") and Houston & Harris, a corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: Recitals WHEREAS, District requires sewer pipe cleaning services to prevent sanitary sewer overflows; and WHEREAS, Contractor is experienced in providing sewer pipe cleaning services for other local government entities; and WHEREAS, Contractor is knowledgeable about California legal requirements for local government entities and is competent to provide these services; and NOW, THEREFORE, the parties hereto do hereby agree as follows: TERM This Agreement shall commence immediately and shall remain and continue in effect unless sooner terminated pursuant to the provisions of this Agreement until services are completed. 2. SERVICES Contractor shall clean 100,000 linear feet of sewer pipe that meet the requirements of State law and shall perform in accordance with its proposal set forth as Exhibit A. 3. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. PAYMENT The District agrees to pay Contractor Forty Eight Thousand Seven Hundred Fifty Eight dollars ($48,758) to provide sewer pipe cleaning services as set forth in Exhibit A. 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 hftp://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. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE Either party may terminate the Agreement by giving 30 days notice. 7. OWNERSHIP OF DOCUMENTS (a) Contractor shall maintain complete and accurate records with respect to the project and other such information required by District that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of District or its designees at reasonable times to such books and records; shall give District the right to examine and audit said books and records; shall permit District to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion, termination or suspension of this Agreement all other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the District and may be used, reused or otherwise disposed of by the District without the permission of the Contractor, 8. 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 ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and I costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission 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 full 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, loses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs and expert witness fees), where the same arise out of, 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. 9. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit "B" attached to and part of this Agreement. Such insurance shall include commercial general liability, and current automotive and worker's compensation. A certificate of insurance shall be submitted. 10. INDEPENDENT CONTRACTOR (a) Contractor is and shall at all times remain as to the District a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither District nor any of its officers, employees, or agents shall have control over t-the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. (b) 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 the Agreement, District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for District. District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. In addition to the indemnity provisions in Paragraph 7, Contractor shall indemnify District for any claims that any officer, agent or employee of Contractor is eligible for pension or other fringe benefits provided to District's employees. 11. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations, which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 12. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure has been used against or in concert with any officer or employee of the Costa Mesa Sanitary District in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or financial inducement. No officer or employee of the Costa Mesa Sanitary District will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the District to any and all remedies at law or in equity. 13. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of District, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to any project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceed thereof, for work to be performed in connection with the project performed under this Agreement. 14. RELEASE OF INFORMATION I CONFLICTS OF INTEREST (a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without District's prior written authorization. Contractor, its officers, employees, agents or subContractors, shall not without written authorization from the District 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 or relating to any project or property located within the District. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives District notice of such court order or subpoena. (b) Contractor shall promptly notify District should Contractor, its officers, employees, agents or subContractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the District. District retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with District and to provide the oppo-tunity to review any response to discovery requests provided by Contractor. However, District's right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response. 15. NOTICES I Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To District: Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 Attn: General Manager To Contractor: Houston & Harris 21831 Barton Road Grand Terrace, California 92313 Attn: Pamela Houston 16. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District. 17. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior or federal district court with jurisdiction over the Costa Mesa Sanitary District. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. "NINAWAR 20. rhe own"m 1 CH 144 SOI it A din; /yry-11 Iml W w"I lownwK lhal lungl"n has MCI wthorky ", -: w WhKof the 'whom *0 1pn4w mWA nq So! 'gohnn— K , A &VANA is ronly v m lo 21. 1 ION h I Ulu towl it of , vlldlc ol, !i Vf it iWith"! mly yolurom or Exudloi lownhk Mon AtIrlyonlyni nodow whrc� '0/1-IFFREOV. �ht-! thmn allinno on-, Allf,knold v d i I e o a mEnk mum-rARY DISTRICT --------- - - m FIN hibit , r€,< d _ ,. . _ 1,r com cc,r f3ii;`sec€iol? dAS+:i COsJOACR IWACPcertff e'd Operators L f,.s L (. 1 6)atahaseCustonwadmi < O fir' o e €sion `, IFI ;fir€if equa r €lyc tz fir.as oHit.hng #81 , € 7 ° 011 f .x10000 S£,_ Non E inru te_-, This 3 stht to is valid g .t ' _st clays Or Costa Mesa Sanitan District i ate, 2 1-2020 Eir.ail,i ax: 3 cant#@r€[Fsdca.giiz tF i Fi y ((y, yy n aft 202 - Revision 0 1 P af ..>.,: _. �€ ri't€-, ��..�. estimate c,it EiEe apovenoted projeollokivs. wlten. s€::i€etiaiii'r, tl is > ol`-'€. ,;l.,_..,.. this estimate- to en LUe you are ch,ar,:jed the appropriate rate :scope of ` hwk: Cleaning only of approximately 10.i 0 LF of " 12" sewer Nines in Costa Mt£1 ....,:%i, The CAy of Costa RAesa is aprt-,ixiiial lt 51 tides from Houston & Harris'cc)rporateY:ai tit.. travel lli.if-; is irlcli€d;et€ '11 the price i : ?o :. Travel time will e ',for he first day and 1, day tiny ` a €. ea � s o c w !i i t r; ��i � Jrti � �i : cleaning n!i t'.! truck, _ ";€,il €}- ail � ,,i� � ��- � iri City!ry j City yar' i, Houston & Hari -is, will provide a slow 'l 2 pass cleaning of the- sewer lines 0 more cleaning is r�.c_iie dE the iperat._� vi#il contact the orject manager for City approval to go ro an hOUrly rate for ac: di4imal clearun . A clfiily log :ihi,e! will be pri;yideal. with date, manhole numbers, daily footage and debris type, We will also provide a daily rate for traffic .control when 1{,ins; closure is required. All 1"IC.rt.istoi. Flarris operators are certified in aaffic control per the W.A. i , ._,.l-1 manual All tasiKs stic as pulling permits or providing appropriate water source, including ;eater mieters & usage e is, the respon=Ry of the cent. Additional fees will apply otnenMse Costa Mesa Sanitar A 101rict will either provide a tablet with mapping software and a VN)i--I i location along with ins rucFic nis for the operators an its use or street traps Debris: disposal will be by appr mbnent. only at COGSD D in i c�untaw Valley and Oil be scheduled b-v Costa Mesa Sanitary District Dehys beyond our control will be invoiced at hourly rates for crew and ecfi,ii r ent, I lease allow 5 v. i wcoking days lean trrne, Meaner: Two () roan crew ESTIMATED total Or cleaning '100.000 L F including travel time C75800 ESTIMATED total does not in -lude traffic control or additional hourly cleaning prices it lines require rnc- re t iart a pass cleaning, Traffic, control when required Used as riezit ed: tj } -°'p _ C s'iiT(ittr€ i `) €; iii•;tti%iiE'. ?}#'4' �1.`3.�i(ta' i*sty i4 i ., Wi t. ,A J £- uota-_ i o aiGtie a p(t e id n i� kg an :�ttli un, as- the price i�}ve -=itii :)(x pi .Jr p1jy 9044203990 - 904422=4 1 Fa, ""Ipp Point R-epairs , Hydfro-mja-,si-- Pottwhnq— (-A ;'0000003!3ie�,"O Data C- ni er-,sziop, C Estillhitia: This estimate i.s valid tor -.,)o days T cj: Costa Mesa Sanitary Disirict ------------- ---- - - ----------- ------------ A U:n: i Steve? Cano - ------- — ---- - ------ - --- - ----- --- -- ------------------- ------- nnail!Fax: I scanoEwcinscica.gov ua, y t e -- -------------------- ----- 2-52020 .......... - ------- ----- Fror Houston ..... ...... -------- ------------ ----------------- . ....... ---------------- - --- ------ -- All projects arf,,-- 'ijbjoect toa Four (4),-Hour ininimmy) -ucar rmobilization Travel Fees,- If"Jash unit, 1111ash unit; Win) Unit Videf) Unit One Ma-- r IWA Two Man Q ew One-Ailan Crew Two Man Crew Tr 'vROO Site S'150 OO/Hovr W225 O(Moin- "T, 100 O(III-Iol /r 4; -il 75. C)a,,r,-,Ico ir Tr'hnNO l5 GMm A7O $250 oah *w ,f12.-00/Hoi.r ,00ivolni `000Ou1t (injup 4- it Whomr. Gmup Used as deNned: Estimate Te calculate aup(C3xmWel -UfaCOSL (MG-) Quote, To -iii,-Ioa pice Bid- To offer an '11i'lount as thic pilic'e mme ,W! accepi, x pay Page 2 of 3 Qzhi, itD Q0 3 T AKUE 3A33 A N|T ARY�0"i'TR|CT 23OPat, kannoAvCos to yWeaaC�i[onnia B26�G To�PermitAppUcante� PLEASE GIVE THESE REQUIREFIVIENTS. T0_ YOUR INSU" A, ENT TheCosta Mesa ry[x$nd rf-:,quimecerhoate ofmm�es'cmnpen��on.gen�ahaNh� and eudomobUe insurance befoneyou can be issued a penniiioexoavame in\he pub|iongh�-o��tvay- AlIcertificates must contain the following-. [] VVurkeno'Oompensatk/n—WhnimummdicyNnhrequirenentsare.00D.008bodily mkry by disease: and $1.000.000 bodily irxury each employee for accident or disease per occurrence. |fyou have noemployees, you must sign aDedurubonofNon'emp|oyesS{atus fonn available from the District, In ||au of oeili5oate of inaunanoe. a certificate of Consenll to Self -Insure issued by the 'California Director of industrial Relations is also acceptabie O General Liability — NUnimum Policy limit requirement is $1.000.000 combined single, |xni| coverage with insurance designated "per occurrence.^ Insurance- must indudecoverage for ongoing operations and completed operations, The insurance, carrier providing the commercia| general liability policy must have an AM Bast Rating of A- or better and bean admitted carrier in the State of California or an approved Surplus Line |nsurerhom California Department ofInsurance, O Automobile Liability —Minimmmpolicy Um)Lrequirement is$1.00.00combined single limit coverage with insurance designated "per noounenoe,^ The, "Any Auto" box mun(bechecked, OQ��O��—��w��U operations: Costa Mesa Sanitary District, their elected -and appointed offidals, agents, officers, volunteers, and enp!oyees listed as Additional Insured — Pursuant to attached O C�n�inCm��—The ��w��mu�� "Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thitIN/ (30) days after written notice is given to the District." O Excess and ny—The following wording must be added to the policy by eldorserne[t� "Any other insurance maintained bythe Costa Mesa Sanitary District shall be excess and non-contributing with the insurance provided by this policy." O /��|�u�En�m��—��|U��o��'�m� beaseparate attachment naming the District asadditional insured. The endorsement must include the policy number and the wording of the additional insured mucJ be exact, stating - "The Costa Mesa Sanitary District, its elected and appointed oMloia|s, agents, offioers, volunteers and employees are additional insureds." 180 Form CG 20 12 07 98, or e DATE (%IMIDWVYYY� AC"RV CERTIFICATE OF LIABILITY INSfURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE0 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must tan (..ndorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A Statement on this cortificatf, does not confer rights to the certificate holder in lieu of such ondorsement(s). CONTACT ------ PRODUCER NAME: [PHONL FAX (A/C, No, Ext): LAIC, Not, E-MAIL ADDRESS' INSURED INSURER A: INSURER R; INSURER I; INSURER 1) INSURER V. INSURER F II, SUREWS1, AFFORDING COVER;` Or Ntk I r -f COVERAGES CERTIFICATE NUMBER: NUKPIRIFR: Fit THAT THI" P()IIACIFS OF INSURANCE LISTED !3ELOVY HAVE :3EEIN' ISFoFF..' IY� 'ME IINSURIFI` NAMF,0 APPVr- FCil- IS TO �'FRTIFV INOICATED NOTWITHS"FANJUNG ANY RE0UIRF,-MFNT, TFRM OR GONOilr!ON OF ANY CON F-�A(,f OP 00(-1IJs'vIFN'T F CEF2TIFICA'V,", j`,4AY HSSUF-.--P, OP MAY PFRTAIN THr !NSPJRANGFr'+ f:3F3[}Ed HY IHL iF, 0a10RJ,,Cj it: 4,f 14 EXCLUSIONS ANDCONDITIOWi OF FUCH P(",I 11,"IFS, MAY IIA,,/F 13FEN REDUCED BY PAID INSR ADDL SUER POLICY LFF POLICY I-XII 17P J`YPE OF INSURANCL IM110 IMAM POLICY NUMBER A4V,1f)01YyM ANUM3 GENERA#, LIABILITY ACGRPATF 1:,,,;T d•.Mlf !a �( Ei P01! Ic" AUTOMOBILE LIABILITY A N Y At I AU I C) NON-t,WVNF'', H 1; l i--7� k T 0 AiT01, UMBRELLA LIAB EXCESS LIAR A I IvI.3 'k I A F) 17- DEL) RE �-LNI ION WORKERS 0041PENSATION AND FMPLOYFRS' LIABILITY y i N ANY PR!)PRW, I' 0� PARTNEWF-XE�i-, J,P- (Mandattiry w NFI) t w �,C�k �,` � f�r,177 �'JIQNI twJov fAtta,h AGO' 1) 101. Additional Remark.,Sf;hVd11!e, if plwn -spar,ig'—opufreo, Mr4f-m,,-)awt-ary District Iiioir vlect,-d aw! -1ppui!,tea Pursian! "o attaOltv" GERTIFIGATF HOLDE-R, Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, CA 92626 A,60RD 25 (2010105) SHOW C ' 'A N -D ANY Of' F111 Ai3OVf7 ()1.-,S(,RIBED PO,I It--S BF C fl 1, t-f- THF EXPIRATION DAFF -rt,irRror, NoT}cr �Ani I 'It oFt-Pvt Rco IFI ACCORDANCE %)VI't H ; HE P()!J(,y I4N'JVISIOPS, 1 A CORP(')[?,,,,-� ONL At! I'he ACORE) narile and oi AGOii-I'D POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS -PERMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ��T��J�| State Or Political Subdivision: The Costa Mesa Sanitary District, It's elected and appointed offiCials, agents, officers, volunteers and employees are additional insureds. (If noentry appears ebove, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section U-Who Is An Insured is emended to include as an insured any state or poitico|aubdivi- sion shown in the Schedu|e, subject tothe following provisions'. 1. This insurance applies only with respect to op- erations performed by you or on your behalf for which the state orpolitical subdivision has issued a permit, 2 This insurance does not apply to, a. "Bodily injury," "property damage" or "per- sonal and advertising injury" arising out of operations performed for the state or munici- pality; or b. "Bodily knju/' or "property damage" included within the "prod uot000mp|eted operations Said policy sbaIloot terminate, no shall it- be canceIed nor the cover�,,e reduced, oo�iI ��i��y 8O> �ays a��e� w�i��en �o�ioe im g��en �o ��e District. Any n�uraocemaintaioed the Costa Mesa oMitazy ois-Lric+.- shaIlbe exoe�� andnon-oontributingwit'�- the o"edby thi�poIioy.