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HomeMy WebLinkAbout08 APPROVE CONTRACT FOR CATCH BASINAgenda Item 8 AGENDA REPORT Reviewed. City Manager Finance Director 7 - MEETING DATE: MARCH 20, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVE CONTRACT FOR ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES SUMMARY The approval of a multiyear contract with West Coast Storm, Inc. will provide for the regular cleaning and maintenance of catch basin inserts installed within the public right-of-way. RECOMMENDATION It is recommended that the City Council approve a contract with West Coast Storm, Inc. for the Annual Catch Basin Insert Cleaning and Maintenance Services, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. FISCAL IMPACT The cost for these services for the remainder of Fiscal Year 2011-2012 is $34,968. Sufficient funds have been budgeted and appropriated in the Fiscal Year 2011-2012 Public Works Department Operating Budget for this work. The anticipated cost in Fiscal Year 2012-2013 is $69,936 and will be included in the Public Works Department Fiscal Year 2012-2013 budget request. BACKGROUND The State Water Resources Control Board has determined that trash in and along waterways adversely affects beneficial uses in a watershed and is a threat to aquatic life, wildlife and human health. The use of catch basin filter inserts within public roadways and facilities provides for the capture of debris and pollutants generated from urban runoff. The contract scope of work for maintenance of 315 catch basin filter inserts installed at various locations throughout the City, maintenance of debris screens, routine cleanings, sample analysis, disposal of waste, and extraordinary maintenance on a per occurrence basis. This work was previously conducted by United Stormwater, Inc. whose contract has now expired. There is a limited number of companies that specialize in providing catch basin maintenance and insert cleaning. Proposals to perform catch basin maintenance services were requested from five (5) firms known to provide this work, and posted on the City's web page. The City received only two (2) proposals from West Coast Storm, Inc. and from United Stormwater, Inc. The proposed costs were essentially equal with the West Coast proposal being slightly lower. A thorough review of the proposals by staff resulted in a determination that the West Coast Storm, Inc. proposal best met the requirements of the City's request for proposal. Contract for Annual Catch Basin Cleaning and Maintenance March 20, 2012 Page 2 The term of the contract is for the remainder of Fiscal Year 2011-2012, where funds have been budgeted and appropriated, and all of Fiscal Year 2012-2013, contingent upon Council apprc)Va I of next year's annual Public Works operating budget. Additional annual contract extensions, for a total of three additional years, maybe granted at the City's sole discretion. Stack, P. E. Public Works/City Engineer Attachment(s): 1. Request for Proposal 2. Proposal 3. Contract S:\City Council Iterns\2012 Council Iterns\Award of Contract Catch Basin Maintenance.docx ATTACHMENT 1 CITY OF TuSTIN 300 Centennial Way Tustin, California 92 780 M,.1 REQUEST FOR PROPOSALS BUILDIM; OUR FUTVRE for HONOPING OUP PAST Annual Catch Basin Insert Cleaning and Maintenance Services For FY 201 1-201 2through FY 20 15 - 201 G November 201 1 PROPOSAL SUBMITTALS: Responses to the Request for Proposal (RFP) are to be submitted to: Dona R. Kasdan, P.E. Engineering Services Manager Public Works Department City of Tustin 300 Centennial Way Tustin, California 92780 no later than 4:00 P.M. on December 12, 2011. Five (5) copies of the proposal shall be submitted in a sealed envelope and marked: "Proposal for the Annual Catch Basin Insert Cleaning and Maintenance Services Fiscal Year 2011-2012 through 2015-2016." Proposals received after the specified time will not be accepted and will be returned unopened. Questions regarding this request will be limited to written form and shall be submitted no later than 14 calendar days prior to the deadline for proposal submission. E-mails are acceptable to awaife@tustinca.org, however, verbal inquiries will not be accepted. Questions shall be directed to Mr. Alex Waite. INDEX SECTION A. Project Description B. Proposal C. Contract Agreement D. General Provisions E. Scope of Work APPENDIX I Contractors Business License Application APPENDIX 11 Exhibit "A" - Catch Basin Locations SECTION A SECTION A CITY OF TUSTIN, CALIFORNIA NOTICE TO CONTRACTORS SEALED PROPOSALS will be received at the office of the Public Works Department, Engineering Division, Tustin City Hall, 300 Centennial Way, Tustin, California 92780 until 4:00 P.M.. on the 12th day of December 2011 for performing work as follows: ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 Description to Work: This work shall consist in part of furnishing all labor, materials, tools, equipment, incidentals as required by specifications and contract documents for the above stated project. The work to be done hereunder consists of providing Catch Basin Maintenance Services that will include labor, parts and equipment all as specified herein or as customarily necessary to complete the intent of the proposed work. This is not a Public Works project but rather a Maintenance Services Contract and therefore is not subject to award to the lowest bidder. The award of this contract will be made at the discretion of the City, based on the qualifications, demonstrated experience and the fee proposals submitted by contractors with responsive proposals. The contract will be for a period that includes the remainder of Fiscal Year 2011- 2012 and all of Fiscal Year 2012-2013 of one FisGal Yea with renewal on a year -by - year basis for an additional three (3) fiscal fauF (4) years at the sole discretion of the City. Unless otherwise directed by the City Council, the City Engineer may renew the contract based on the Contractor's overall performance, and upon renewal of all bonds and insurance certificate(s). In conformance with Section 37931 of the Government Code, all proposals shall be presented under sealed cover on the proposal form provided. A Faithful Performance Bond in the amount of $50,000 and a Labor and Materials Bond in the amount of $50,000 in the form attached to the contract documents shall be provided. Said bonds shall be issued by a surety company duly authorized to issue such bonds in the State of California. Prior to execution of contract, Contractor shall provide City with insurance certificate(s) with additional endorsements evidencing commercial general liability and automobile liability insurance as prescribed in the contract, with a company of A.M. Best's Key Rating of Grade A and Class VII (seven) with an Admitted Insurer, or Grade A- or better and Class X (ten) or better with a Surplus Line Broker. Workers' compensation insurance with a company of A.M. Best's Key Rating of Grade B- or better and Class VII (seven) or better, or offered by State Compensation Fund is acceptable. Additionally, the Contractor shall concurrently submit, with the bonds and insurance certificate(s) with endorsements, a certified copy of the most recent Certificate of Authority issued to the bonding companies by the California Insurance Commissioner. Contractor shall provide to the City within ten (10) working days after the date of notice of award of contract the aforementioned insurance certificate(s) with endorsements and certificate of authority, which must meet the requirements of the specifications and comply with the contract documents. Failure to comply with this requirement will result in annulment of the award and City will pursue award to the next qualified responsive Contractor. Contractor is advised that insurance requirements are non-negotiable and City will not consider waiving insurance requirements. There are no exceptions. The City of Tustin hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit proposals in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex or religion in any consideration leading to the award of contract. The City's final selection criteria for award of contract will be based on, but not limited to the following analysis: City's evaluation of the contractor's competence, professional qualifications, references, experience and proof of State Contractor's License A and C42, HAZ — Hazardous Substance Removal Certification and OSHA Confined Space Certified. 2. Commitment by Contractor to supply necessary equipment, materials and personnel to fulfill the contract specifications. 3. The best economic value of the proposal. 4. Contractor's ability to provide the required bonds, insurance certificate(s)/ endorsements and financial statements. The City of Tustin reserves the right to reject any or all proposals, and/or to waive any informality on a proposal. No Contractor may withdraw his proposal for a period of sixty (60) days after the date set for the opening thereof. Prior to proposal opening Contractor may withdraw his proposal. Proposals received after the opening time and date specified herein will be returned to Contractor unopened. In the case of joint ventures, each person comprising the joint venture shall have a Contractor's license at the time of the bid. (Business and Professions Code Section 7028.15(c). However, the joint venture itself must have a "joint venture license" not later than the time of the award of contract. (Business and Professions Code Section 7029.1). A Contractor who is not properly licensed will have his bid declared nonresponsive. (Business and Professions Code Section 7028.15(e)). A-2 The City of Tustin has obtained from the Director of Industrial Relations the general prevailing rate of per them wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed and a copy of the same is on file in the office of the City Engineer. Not less than said prevailing rates shall be paid the workers employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. The City of Tustin has implemented a 9/80 work schedule. City Hall Offices are currently open from 7:30 a.m. to 5:30 p.m. Monday through Thursday and 8:00 a.m. to 5:00 p.m. on Fridays, except holidays. A-3 SECTION C PROPOSAL TO THE CITY OF TUSTIN, CALIFORNIA •- ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 Name of Contractor: Business Address: Telephone Number: The work to be done and referred to herein is in the City of Tustin and is to be constructed in accordance with the specifications and contract annexed hereto and also in accordance with the latest edition of the "Standard Specifications for Public Works Construction". The work to be done is shown upon specifications entitled: ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 A high level of service is expected for complete catch basin maintenance services as per contract. TO THE CITY OF TUSTIN The undersigned, as Contractor, declares that the only persons or parties interested in the proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of the contract, and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he/she will contract with the City of Tustin, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction/maintenance, and to do all work and furnish all materials specified in the contract, in the manner and time prescribed, and according to the requirements of the Engineer as therein set forth, and that he/she will take full payment therefore at the following unit prices, to -wit: mfflffli. m ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 CITY C)F T1 MTN ITEM NO. CONTRACT ITEM DESCRIPTION APPROXIMATE QUANTITY UNIT PRICE TOTAL PRICE 1. 17" x 33" x 12" 1 Ea. $ $ 2. 21" x 12" x 12" 1 Ea. $ $ 3. 23" x 23" x 12" 3 Ea. $ $ 4. 24" x 38" x 12" 3 Ea. $ $ 5. 25" x 34" x 12" 1 Ea. $ $ 6. 27" x 12" x 12" 1 Ea. $ $ 7. 30'x 12" x 12" 2 Ea. $ $ 8. 34" x 12" x 12" 6 Ea. $ $ 9. 36" x 12" x 12" 6 Ea. $ $ 10. 38" x 30" x 12" 2 Ea. $ $ 11. 1 38" x 32" x 12" 1 Ea. $ $ 12. 38" x 17" x 12" 1 Ea. $ $ 13. 38" x 39" x 12" 2 Ea. $ $ 14. 38" x 23" x 12" 1 Ea. $ $ 15. 39" x 17" x 12" 1 Ea. $ $ 16. 40" x 12" x 12" 10 Ea. $ $ 17. 40" x 12" x 23" 1 Ea. $ $ 18. 40" x 16" x 12" 1 Ea. $ $ 19. 41 " x 12" x 12" 90 Ea. $ $ 20. 42" x 12" x 12" 17 Ea. $ $ 21. 42" x 80" x 12" 1 Ea. $ $ 22. 43" x 12" x 12" 1 Ea. $ $ 23, 44" x 12" x 12" 1 Ea. $ $ 24. 45" x 12" x 12" 44 Ea. $ $ IN M ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 CITY OF THSTIN ITEM NO. CONTRACT ITEM DESCRIPTION APPROXIMATE QUANTITY UNIT PRICE TOTAL PRICE 25. 48" x 12" x 12" 2 Ea. $ $ 26. 56" x 12" x 12" 1 Ea. $ $ 27. 58" x 12" x 12" 1 Ea. $ $ 28. 60" x 12" x 12" 27 Ea. $ $ 29. 60" x 40" x 12" 1 Ea. $ $ 30. 63" x 12" x 12" 1 Ea. $ $ 31. 66" x 12" x 12" 1 Ea. $ $ 32. 72" x 12" x 12" 1 Ea. $ $ 33. 80" x 12" x 12" 5 Ea. $ $ 34. 82" x 12" x 12" 9 Ea. $ $ 35. 83" x 12" x 12" 9 Ea. $ $ 36. 84" x 12" x 12" 4 Ea. $ $ 37. 85" x 12" x 12" 1 Ea. $ $ 38. 86" x 12" x 12" 1 Ea. $ $ 39. 90" x 12" x 12" 1 Ea. $ $ 40. 102" x 12" x 12" 1 Ea. $ $ 41. 118" x 12" x 12" 1 Ea. $ $ 42. 120" x 12" x 12" 1 Ea. $ $ 43. 122" x 12" x 12" 1 Ea. $ $ 44. Replace Damaged Filter Liner 1 Ea. $ $ 45. Replace Damaged Catch Basin Filtration Devices I 1 Ea. $ $ TOTAL BID PRICE BID ITEM NOS. 1 THROUGH 45 $ * Unit prices shall include all labor, materials, equipment, overhead and profit and no additional compensation will be allowed. MW The undersigned understands that the foregoing quantities are approximate only, being given as a basis for the comparison of proposals and the City of Tustin does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable and in the best interests of the City by the Engineer. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and to furnish the two bonds in the amounts required, with surety satisfactory to the City of Tustin, and the required Certificate of Insurance with endorsements within ten days, not including Saturdays, Sundays and legal holidays, after the date of the Notice of Award from the Engineer, the City of Tustin may, at its option, determine that the Contractor has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void. The undersigned Contractor hereby acknowledges that he/she understands the bonding requirements of the City of Tustin which, per City Code, states that the surety company must be duly authorized to issue such bonds or insurance in the State of California. The Certificate of Insurance with endorsements must be with a company of A.M. Best's Key Rating of Grade A and Class VII (seven) with an Admitted Insurer, or Grade A- or better and Class X (ten) or better with a Surplus Line Broker. Workers' compensation insurance with a company of A.M. Best's Key Rating of Grade B- or better and Class VII (seven) or better, or offered by State Compensation Fund is acceptable. Contractor shall provide to the City within ten (1 Q) working days after the date of notice of award of contract the aforementioned insurance certificate(s) with endorsements which must meet the requirements of the specifications and comply with the contract documents. Failure to comply with this requirement will result in annulment of the award, and City will pursue award to the next qualified responsive Contractor. Contractor is advised that insurance requirements are non-negotiable and City will not consider waiving insurance requirements. There are no exceptions. ME, The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If the Contractor or other interested person is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm and names of all individual co-partners composing firm; if the Contractor or other interested person is an individual, state first and last names in full. Title: Date: NOTE: If the Contractor is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if the Contractor is a co -partnership the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts on behalf of the co -partnership; and if the Contractor is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a co -partnership, a Power of Attorney must be on file with the City of Tustin prior to the opening of proposals or submitted with the proposal; otherwise, the proposal will be disregarded as irregular and unauthorized. Business Address Contractor shall list the name and adrlrpq-- of the In f k V c e V usiness of each subcontractor required to be listed by the provisions in Section 2-3 "Subcontractor" of the Standard Specifications to whom the Contractor proposes to subcontract portions of the work. LIST OF SUBCONTRACTORS Name, Address & Type of Work to be Done Percentage of Telephone No of by Subcontractor Work Subcontractor ME. QUALIFICATION STATEMENT The Undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter (attach additional paper as needed). SUBMITTED BY: "TA-ITNT.-TWOT.9 PRINCIPAL OFFICE: 1. Contractor must submit a list of five (5) references in the Southern California area that indicate he/she has successfully completed (within the last three years) or is presently engaged in similar type of work, that are at least of equal size and scope. 2 3. 13 The following is to be included with proposal: A. Name and Location of Each Reference Name and Telephone Number of Contact Person Contract Amount Scope of Work with Proposal Item Amounts. B. Submit a summary of all claims made in the last five (5) years on the aforementioned projects: Name of Claimant Amount of Claim Nature of Claim Final Status of Claim C. Financial statements for the last five (5) years. Largest number of personnel in the past five (5) years. Number of Employees Year How many years has your organization been in business? A. Number of years company has provided Catch Basin Insert Cleaning and Maintenance Services: B. Number of years company has provided Catch Basin Insert Cleaning and Maintenance Services for Public Agencies: How many years has your organization been in business under its present business name? AM A. Under what other or former name(s) has your organization done business? 5. If a corporation, answer the following: A. Date of Incorporation: B. State of Incorporation: C. President's name: D. Vice-president's name(s): E. Secretary's name: F Treasurer's name: 6. If an individual or a partnership answer the following: A. Date of Organization: B. Name and address of all partners (State whether general or limited partnerships): 7. If other than a corporation or partnership, describe organization and name principals: 8. List states and categories in which your organization is legally qualified to do business. Indicate registration or license numbers if applicable. List states in which partnership or trade name is filed. Mr., 9. Describe the work your organization normally performs with its own forces: 10. Have you ever failed to complete any work awarded to you? If so, note when, where and why: 11. Within the last five (5) years, has any officer or partner of your organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation. 12. QUALITY CONTROL What is your company's plan to insure compliance with the contract specifications and insure quality work? 13. EQUIPMENT A. List the types of vehicles/equipment and number of each to be assigned to this contract. B. Note any equipment which will also be used on another contract. C. List the back-up equipment available, Me 14. PERSONNEL A. Number of employees committed to Catch Basin Insert Cleaning and Maintenance Operations B. List total number of employees to be assigned to this contract. C. Who will be the Contractor's Representative with the City? D. What is his/her background? E. What is his/her education? CONTRACTORS NAME: Signed By: Title: Note: Attach proper Notary Acknowledgement for signature of authorized person (Use copy of blank form provided in this section.) L -OW CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICE QUESTIONNAIRE Please answer the following questions in detail, using additional paper as necessary: a. What makes your company the best company for this job? b. What type of in-house training do you provide for your staff? c. Who is responsible for training the Catch Basin Insert & Cleaning Maintenance workers and what type of training is provided and at what intervals? d. What is the address of the facility from which work crews will be assigned? e. What communication system do you use to communicate between field and office? f. Are you able to provide quick emergency responses? And How? g. Can your insurance and sureties broker provide you with the required rating and coverage? An NON -COLLUSION AFFIDAVIT TO THE CITY OF TUSTIN: The undersigned in submitting this proposal for performing, by contract, the work required by these bid documents, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this contract. Signed Title: Firm Name: Note: Non -Collusion Affidavit to be submitted with Proposal. Attach proper notary acknowledgment for signature of authorized person. (Use copy of blank form provided in this section.) no CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) The undersigned declares that he or she is: of (Party making foregoing proposal) (hereinafter the "Contractor") 1. Contractor's Contractors License Number is as follows: Classification: 2. The expiration date of Proposer's Contractor's License is , 20_. 3. Contractor acknowledges that Section 7028.15(a) of the Business and Professions Code provides as follows: It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a Contractor within this state without having a license therefor, except" as provided in the referenced section. Executed on (Insert City & State where declaration is signed) Signature Typed Name Title Name of Contractor THIS FORM MUST BE COMPLETED, SIGNED AND SUBMITTED WITH THE PROPOSAL MW CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange Ss City of Tustin On this day of 20 before me, -, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. NOTARY SEAL Signature of Notary CAPACITY CLAIMED BY SIGNER: r-1 Individual(s) 0 Corporate 0 Officers Witness my hand and official seal. SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: — DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: 00 Title(s) 0 Partner(s) r-1 General Partner of a Limited Partnership M Attorney -in -Fact 0 Trustee(s) 0 Subscribing Witness El Guardian/Conservator El Other: Witness my hand and official seal. SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: — DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: 00 SECTION C SECTION C CONTRACT AGREEMENT ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 This agreement, made and concluded, in triplicate, this _ day of _ 20—, between the City of Tustin, California, hereinafter called City, and hereinafter called Contractor. ARTICLE I. Witnesseth, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed in the two bonds, bearing date with these presents and hereunto annexed, the Contractor agreed with City, at his own proper cost and expense, to do all the work and furnish all the materials necessary to complete in good workmanlike and substantial manner and to the satisfaction of the City, in accordance with the specifications entitled: ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 which said specifications are hereby specifically referred to and by such references made a part hereof. Said specifications are on file in the office of the City Engineer of the City of Tustin, California. ARTICLE 11. Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in the Agreement; and also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the 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 and for well and faithfully completing the work, and the whole thereof, in the manner and according to the specifications, and the requirements of the Engineer under them. C-1 CONTRACT FOR ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 CITY OF THSTIN ITEM NO. CONTRACT ITEM DESCRIPTION APPROXIMATE QUANTITY UNIT PRICE TOTAL PRICE 1. 17" x 33" x 12" 1 Ea. $ $ 2. 21" x 12" x 12" 1 Ea. $ $ 3. 23" x 23" x 12" 3 Ea. $ $ 4. 24" x 38" x 12" 3 Ea. $ $ 5. 25" x 34" x 12" 1 Ea. $ $ 6. 27" x 12" x 12" 1 Ea. $ $ 7. 30'x 12" x 12" 2 Ea. $ $ 8. 34" x 12" x 12" 6 Ea. $ $ 9. 36" x 12" x 12" 6 a:- $ $ 10. 38" x 30" x 12" 2 Ea. $ $ 11. 38" x 32" x 12" 1 Ea. $ $ 12. 38" x 17" x 12" 1 Ea. $ $ 13. 38" x 39" x 12" 2 Ea. $ $ 14. 38" x 23" x 12" 1 Ea. $ $ 15. 39" x 17" x 12" 1 Ea. $ $ 16. 40" x 12" x 12" 10 Ea. $ $ 17. 40" x 12" x 23" 1 Ea. $ $ 18. 40" x 16" x 12" 1 Ea. $ $ 19. 41" x 12" x 12" 90 Ea. $ $ 20. 42" x 12" x 12" 17 Ea. $ $ 21. 42" x 80" x 12" 1 Ea. $ $ 22. 43" x 12" x 12" 1 Ea. $ $ 23, 44" x 12" x 12" 1 Ea. $ $ 24. 45" x 12" x 12" 44 Ea. $ $ C-2 -CONTRACT •• ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 CITY OF TUSTIN ITEM NO. CONTRACT ITEM DESCRIPTION APPROXIMATE QUANTITY UNIT PRICE TOTAL PRICE 25. 48" x 12" x 12" 2 Ea. $ $ 26. 56" x 12" x 12" 1 Ea. $ $ 27. 58" x 12" x 12" 1 Ea. $ $ 28. 60" x 12" x 12" 27 Ea. $ $ 29. 60" x 40" x 12" 1 Ea. $ $ 30. 63" x 12" x 12" 1 Ea. $ $ 31. 66" x 12" x 12" 1 Ea. $ $ 32. 72" x 12" x 12" 1 Ea. $ $ 33. 80" x 12" x 12" 5 Ea. $ $ 34. 82" x 12" x 12" 9 Ea. $ $ 35. 83" x 12" x 12" 9 Ea. $ $ 36. 84" x 12" x 12" 4 Ea. $ $ 37. 85" x 12" x 12" 1 Ea. $ $ 38. 86" x 12" x 12" 1 Ea. $ $ 39. 90" x 12" x 12" 1 Ea. $ $ 40. 102" x 12" x 12" 1 Ea. $ $ 41 118" x 12" x 12" 1 Ea. $ $ 42. 120" x 12" x 12" 1 Ea. $ $ 43. 122" x 12" x 12" 1 Ea. $ $ 44. Replace Damaged Filter Liner 1 Ea. $ $ 45. Replace Damaged Catch Basin Filtration Devices 1 Ea. $ $ TOTAL BID PRICE BID ITEM NOS. 1 THROUGH 45 $ * Unit prices shall include all labor, materials, equipment, overhead and profit and no additional compensation will be allowed. C-3 ARTICLE 111. City hereby promises and agrees with Contractor to employ and does hereby employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; 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. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the proposal of 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 V. 1. The City of Tustin has obtained from the Director of Industrial Relations the general prevailing rate of per them wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract and maintains copies thereof in the office of the Engineer. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. 2. The Contractor shall, as a penalty to the City of Tustin, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by Contractor or any subcontractor of Contractor) less than the prevailing rate as prescribed in the preceding paragraph for the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California. 3. Section 1773.5 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this contract. 4. Section 1777.5 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this contract if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more, or twenty (20) working days or more and under such circumstances, Contractor shall be fully responsible to ensure compliance with all the provisions of Labor Code §1777.5 for all apprenticeable occupations on the project, A Contractor or subcontractor who violates Section 1777.5 shall forfeit to the City of Tustin, as a civil penalty, the sum of Fifty Dollars ($50.00) for each calendar day of noncompliance. Notwithstanding Section 1727 of the Labor Code, upon receipt of a determination that a civil penalty has been imposed, the City of Tustin shall withhold the amount of the civil penalty from contract progress payments then due or to become due. Any funds withheld by the City of Tustin pursuant to this section shall be deposited in the General Fund of the City of Tustin. 5. The Contractor shall not employ, or allow work to be performed by a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code pertaining to debarment by the Labor Commissioner for violations of the Prevailing Wage Laws. C-4 6. In performance of this contract, not more than eight (8) hours shall constitute a day's work. The Contractor shall fully conform to Article 3, Chapter 1, Part 7, Division 2 (Sections 1810 et seq.) of the Labor Code of the State of California. Pursuant to the provisions of Section 1813 of the Labor Code of the State of California, the Contractor shall, as a penalty to the City of Tustin, forfeit twenty-five Dollars ($25.00) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Article 3 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the public work. 7. Contractor agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per them wages paid to each Journeyman, apprentice or worker employed by him in connection with the public work, and agrees to insist that each of his subcontractors do the same. Contractor further agrees that his payroll records and those of his subcontractors shall be available to the employee or his representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code Section 1776, et seq., in general. 8. Contractor is also aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work of this contract. ARTICLE VI. In connection with the performance of this contract, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite. The Contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any and all employees at the worksite the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this section. The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor's agents or subcontractors against the City. C-5 ARTICLE VII. The Contractor shall indemnify and save harmless the City of Tustin and all officers and employees thereof from all claims, suits, or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person including, but not limited to, workers and the public, or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under the contract, or by or on account of any act or omission by the Contractor or his agents or a subcontractor or his agents or a third party during the progress of the work or at any time before its completion and final acceptance, or which might arise in connection with the agreed upon work or is caused by or happening in connection with the progress of said work, or on account of any passive or active negligent act or omission by the City of Tustin, its officers, employees and agents, save and except claims arising through the sole and exclusive negligence or sole and exclusive willful misconduct of the City of Tustin. The defense and indemnification by Contractor shall include all costs and expenditures including attorney's fees incurred by the City of Tustin or its employees, officers or agents with respect to such claim or suit and Contractor will, if requested by City of Tustin, defend any litigation arising out of such claims at the sole cost and expense of Contractor. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary in the sole discretion of the City of Tustin may be retained by the City until disposition has been made of such claims for damages as aforesaid. ARTICLE VIII. The Contractor shall take out and maintain during the life of the contract, commercial general liability, automobile liability and worker's compensation insurance. The amount of the commercial general liability and automobile insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $2,000,000.00. The following endorsements must be indicated on all certificates of insurance: 1 The City of Tustin, its elective and appointive boards, officers, agents and employees named as additional insureds in the policy as to the work being performed under the contract; 2. The coverage is primary and no other insurance carried by the City of Tustin will be called upon to contribute to a loss under this coverage; 3. The policy covers blanket contractual liability; 4. The policy limits or liability are provided on an occurrence basis; 5. The policy covers broad form property damage liability; M F-AYTH Mul 6. The policy covers personal injury as well as bodily injury liability; 7. The policy covers explosion, collapse and underground hazards; 8. The policy covers products and completed operations; 9. The policy covers use of non -owned automobiles; and 10. The coverage shall not be cancelled or terminated altered unless thirty (30) days' written notice is first given to the City of Tustin. 11. Insurers shall be authorized to do business in the State by the Department of Insurance and shall meet the following qualifications: A.M. Best's Key Rating of Grade A and Class VII (seven) (if an Admitted Insurer), and Grade A- or better and Class X (ten) or better (if offered by a Surplus Line Broker), is acceptable. Workers' compensation insurance rated Grade B- or better and Class VII (seven) or better, or offered by the State Compensation Fund, is acceptable. 12. The worker's compensation and employer's liability insurance policies shall contain a waiver of subrogation in favor of the City. Contractor shall provide to the City within ten (10) working days after the date of notice of award of the contract evidence of the aforementioned insurance with insurer endorsements, which must meet the requirements of this Article. An Acord Certificate will be accepted solely as evidence of the name of the insurers and the amounts of insurance. Failure to comply with these requirements will result in annulment of the award, forfeiture of the proposal guarantee, and the City will pursue award to the next qualified responsive proposer. Contractor is advised that insurance requirements are non-negotiable and City will not consider waiving insurance requirements. There are no exceptions. ARTICLE IX Upon receipt of a claim or summons and complaint by the City Clerk relating to this Contract, the City Clerk shall provide written notice within five (5) working days to the Contractor of the claim or summons or complaint. For purposes of this section, notice to the Contractor may be via facsimile, messenger or by first class mail and addressed to: [Contractor Name Address Phone number] Nothing herein obligates the City to provide notice of a claim or summons and complaint that does not clearly identify the Contractor. ARTICLE X Prior to one hundred fifty (150) calendar days before June 30, 2013 244-2, Contractor shall notify City in writing of its intent to renew the contract for an additional term of one (1) year to commence on July 1, 2013 2-042 and on the same C-7 AMENDED terms and conditions as prescribed for the mutual term, or upon different terms which Contractor shall specify in writing. City shall, within thirty (30) days of receipt of such notice, advise Contractor in writing of its acceptance or rejection of such extension. The same provisions shall be applicable to each succeeding one (1) year term through the period ending June 30, 2016 as prescribed in Section D (Length of Contract). In Witness Whereof, the parties have hereunto set their hands and seals the year and date first above written. THE CITY OF TUSTIN M. (SEAL) Mayor of the City of Tustin City Attorney ATTEST: City Clerk of the City of Tustin APPROVED AS TO CONTENT: City Engineer Date Date CONTRACTOR Firm Name: (SEAL) By: TITLE: Note: Attach proper acknowledgment for both Surety & Principal. (Use copies of blank form provided in Section B). W Bond No. Amount $ Premium CITY OF TUSTIN PUBLIC CONTRACT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That as and hereinafter referred to collectively as "Principal", and a corporation organized and existing under the laws of the State of and duly authorized to transact surety business in the State of California, as, and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Tustin hereinafter referred to as the "City", in the sum of $ for payment of which Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal has entered into a contract dated , 20 , with City to do and perform the following, generally described work, which is more particularly described in said contract for the construction/maintenance of: ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 WHEREAS, all of such improvements are to be constructed/maintained and installed in accordance with the specifications described, referred to and incorporated in said contract; and WHEREAS, Principal shall commence and complete the construction/ maintenance and installation of such improvements as provided in said contract; NOW, THEREFORE, if Principal shall faithfully perform all agreements contained in the aforesaid contract, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements contained in the hereinabove described contract and all obligations, then this obligation shall remain in full force and effect. PROVIDED FURTHER HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and C-9 PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety, IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this day of 20 (NAME) (SEAL) M Attorney -in -Fact 100 Address of Surety: City Attorney AN (SEAL) TITLE: Address of Principal: APPROVED AS TO CONTENT: Date City Engineer Note: Attach proper acknowledgment for both Surety & Principal. (Use copies of blank form provided in Section B). WE Bond No. Amount $ Premium CITY OF TUSTIN PUBLIC CONTRACT LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That as and hereinafter referred to collectively as "Principal", and a corporation organized and existing under the laws of the State of and duly authorized to transact surety business in the State of California, as and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Tustin hereinafter referred to as the "City", in the sum of $ for payment of which Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: 11 1�111111 'I, M11 WHEREAS, Principal has entered into a contract dated 20_, with the City to do and perform the following, generally described work, which is more particularly described in said contract for the construction/maintenance of: ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 WHEREAS, Principal shall commence and complete the construction/ maintenance and installation of such improvements provided in said contract; NOW THEREFORE, if Principal shall pay the Contractor, his subcontractor, and all persons renting equipment or furnishing labor or materials to them for such improvements, for the full cost of such improvements and submit amounts due under the State Unemployment Insurance Act with respect to such labor, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principal shall not pay the subcontractor and all persons renting equipment or furnishing labor or materials to them for such improvements for the full cost of such improvements, or if Principal fails to submit amounts due under the State Unemployment Insurance Act with respect to such labor, then Surety will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons named in Civil Code section 3181. PROVIDED FURTHER, HOWEVER, that Surety stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and C-11 PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person named in Civil Code section 3181 who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety. IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this day of 20 (SEAL) City Attorney SURETY: (NAME) BY: Attorney -in -Fact BY: Address of Surety: L-00 (SEAL) TITLE: Address of Principal: APPROVED AS TO CONTENT: Date, City Engineer Note: Attach proper acknowledgments for both Surety & Principal, (Use copies of blank form provided in Section B). C-12 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract: I am aware of the provisions of Section 3700 of the Labor Code which reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self - insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employee." CONTRACTOR: M TITLE: COMPENSATION INSURANCE CERTIFICATE C-13 M : c" SECTION D GENERAL PROVISIONS STANDARD SPECIFICATIONS The Standard Specifications of the Agency are contained in the most recent edition of the Standard Specifications for Public Works Construction, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 3055 Overland Avenue, Los Angeles, California 90034, telephone (310) 202-7775 or (888) BNI- BOOK (264-2665) or BNI located at 1612 S. Clementine Street, Anaheim, CA 92802 (714) 517-0970. The Standard Specifications set forth above will control the general provisions, for the contract except as amended by the special provisions, or other contract documents. The section numbers of the following General Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment or elaboration, or specifying options, are called out. In the case of conflict between the Standard Specifications and these General Provisions, these General Provisions shall take precedence over, and be used in lieu of the conflicting portion. SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-2 DEFINITIONS A. Agency/City - City of Tustin Board - City Council County - Orange County Public Works (OCPW) Engineer - City Engineer Federal - United States of America Laboratory The designated laboratory authorized by the City of Tustin to test materials and work involved in the contract B. The use of the word "Contractor" shall be held to mean the Contractor and/or any person employed by him and working under this contract. C. The use of the words "shall" and "may" shall be held to mean "mandatory" and "permissive" respectively. D. The use of words "his" or "him" shall be construed to mean either gender, as appropriate. W SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF CONTRACT MINIMUM QUALIFICATIONS Consideration will be given to a responsible, responsive Contractor who complies with all the requirements prescribed herein, and who has accurately completed the Qualification Statement to the satisfaction of the City of Tustin. IRREGULAR PROPOSALS Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed Proposal Forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. DISQUALIFICATION OF CONTRACTOR In the event that any Contractor acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the Contractor will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Contractor, and while doing so, may also submit a formal proposal as a prime Contractor. LENGTH OF CONTRACT After June 30, 2013 2042 this contract shall be renewable each year through the period ending June 30, 2016, based upon funding and performance. Each contract renewal is subject to approval by the Engineer and is contingent upon availability of funding and successful work by the Contractor as determined by the Engineer. All contract renewals must be approved in writing by the Engineer. UNIT PRICES Contracted unit prices are subject to annual review effective on July 1 of each year to reflect a not -to -exceed Consumer Price Index (CPI) change in cost. The first rate adjustment, if approved by the Engineer, will be effective July 1, 2013 241-2. The rates may be adjusted each year on July 1, at the sole discretion of the Engineer, and upon written request for an increase from Contractor one -hundred fifty (150) days prior to July 1 of each year, all based upon the percentage change in the CPI for All Urban Consumers for the Los Angeles -Riverside -Orange County Metropolitan Area ("Index") published by the United States Department of Labor, Bureau of Statistics for the preceding year (December to December) calculated to the nearest one cent. The Index published more immediately preceding the effective adjustment date is to be used in determining the amount of adjustment. If the Index has changed from the previous Index basis, the unit prices for the following year of the term of the contract shall be set, if approved by the City, by multiplying the previous unit prices by a ratio, the numerator being the new Index value and the denominator being the previous Index value. The Index value for the beginning of the original contract term shall be the Index in effect at the time of the proposal. If only a portion of a unit price changes, that portion alone shall be adjusted by the ratio. The Elm portion of the total unit price to be adjusted shall be determined by the Engineer based on documentation submitted by the Contractor. The same method of adjustment shall apply to all future renewal years. uAvy/mv • •Womwo A. It is the intention of the City of Tustin to award this contract to the most qualified and competent Contractor who meets the City's goals and requirements. Cost is a major factor but not the sole consideration. B. Within ten (10) working days after the date of the Notice of Award, the Contractor shall execute and return the following contract documents to the Agency. Contract Agreement Faithful Performance Bond Labor and Materials Payment Bond Public Liability and Property Damage Insurance Certificate(s) and endorsements Compensation Insurance Certificate and endorsements Certified copy of Certificate of Authority, from the California Insurance Commissioner, issued to the bonding companies. Proof of valid Contractor's License(s) C. Contractor shall provide to the City within ten (10) working days after the date of notice of award of contract the aforementioned insurance certificate(s) with endorsements, which must meet the requirements of the specifications and comply with the contract documents. Failure to comply with this requirement will result in annulment of the award, forfeiture of the proposal guarantee and City will pursue award to the next qualified responsive Contractor. Contractor is advised that insurance requirements are non-negotiable and City will not consider waiving insurance requirements. There are no exceptions. D. The Contract Agreement shall not be considered binding upon Agency until executed by the Authorized Agency officials. No contract will be executed unless the Contractor is licensed in accordance with the provisions of the State Business and Professions Code. E. The successful Contractor, prior to award of the contract by Agency, shall present his or her Contractor's pocket license or certificate of licensure and provide signed statement which swears, under penalty of perjury, that the pocket license or certificate of licensure presented is his or hers, is current and valid and is in a classification appropriate to the work to be undertaken. Format of this statement is shown on the last page of this Section. F A corporation to which an award is made may be required, before the Contract Agreement is executed by the Agency, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. NK ASSIGNMENT OF CONTRACT Contractor shall under no circumstances assign this contract to another party without the express consent of the City Council. A. The Contractor shall act under the contract as an Independent Contractor through the City of Tustin and will not be an agent, or employee of the City, B. The Contractor shall not represent or otherwise hold out itself, or any of its subcontractors, directors, officers, partners, employees or agents, to be an agent or employee of the City. C. The Contractor shall indemnify and otherwise hold harmless the City, its officials, officers, directors, employees, agents and other representatives, from all liability loss or damage (including reasonable attorney's fees and other costs of defense resulting from damage or injury to persons or property cause, or claims to have been caused, by acts or omissions of the Contractor, or of any of its subcontractors, directors, officers, partners, employees, or agents in the course of, or in connection with, the Contractor's performance under this contract. D. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 2-3 SUBCONTRACTORS A copy of each subcontract, if in writing, or if not in writing, then a written statement signed by the Contractor, giving the name of the subcontractor, and the terms and conditions of such subcontract, shall be filed with the City before the subcontractor begins work. Each subcontract shall contain a reference to this Agreement between the City and the Contractor, and the terms of that Agreement between the City and the Contractor and all parts thereof shall be made a part of such subcontract insofar as applicable to the work covered thereby. Each subcontractor shall provide for its annulment by the Contractor at the order of the City, if, in the City's opinion, the subcontractor fails to comply with the requirements of the principal contract insofar as the same may be applicable to his work. Nothing herein contained shall create any contractual relation between any subcontractor and the City or relieve the Contractor of any liability or obligation there under. M, 2-4 CONTRACT BONDS Both the Faithful Performance Bond and the Labor and Materials Payment Bond shall each be for not less than $50,000.00 (Fifty thousand dollars). Bonds shall be of the form attached to Section C and secured from a surety company duly authorized to issue such bonds in the State of California and shall be subject to the approval and acceptance of the City Council and City Attorney. The Faithful Performance Bond and the Labor and Materials Payment Bond shall remain in force for the life of the contract. Additionally, the Contractor shall concurrently submit, with the bonds, a certified copy of the most recent Certificate of Authority issued to the bonding company by the California Insurance Commissioner. All costs and premiums shall be paid by the Contractor. 2-5 SPECIFICATIONS INTERPRETATION OF DOCUMENTS If any person contemplating submitting a proposal for the contract is in doubt as to the true meaning of any part of the specifications or other proposed contract documents, or find discrepancies in, or omissions from, the specifications, he/she may submit to the Engineer of said Agency a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The Engineer will not be responsible for any other explanation or interpretations of the proposed documents. The Contractor shall save harmless the City of Tustin from any loss or damage as a result of his intentional failure to report any error, omission or conflicting procedure. SECTION 3 CHANGES IN WORK 3-3 ADDITIONAL WORK A. The Engineer may, at his/her discretion, authorize the Contractor to perform additional work. Additional work shall be defined as work not included in the Contract Agreement, and is above and beyond the "Extraordinary Maintenance" items listed in the Contract Agreement. B. Prior to the Contractor performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without written authorization from the Engineer, or his/her delegated agent. Not withstanding the above authorization, when a condition exists where there is imminent danger of injury to the public or damage to property, the Engineer may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Engineer for approval. C. All additional work shall commence on the specified date established and shall diligently proceed upon completion. D-5 D. Upon completion of the additional work the Engineer, or his/her delegated agent, shall be notified so that the work may be verified. E. The Contractor shall submit an invoice for compensation with attached photocopies of original invoices for materials. The Contractor's invoice shall be subject to audit and review by the Engineer prior to payment. The City of Tustin reserves the right to repair and/or contract with a third party to perform such additional work. 3-3.2.3 — MARKUP FOR ADDITIONAL WORK (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................................................................... 15% 2) Materials ............................................................................. 15% 3) Equipment Rental ............................................................... 15% 4) Other Items and Expenditures ............................................15% The sum of the costs and markups provided for in this subsection, shall include compensation for bonding. (b) Work by Subcontractor. When all or any part of the additional work is performed by a Subcontractor, the markup established in 3-3.2.3 (a) shall be applied to the Subcontractor's actual cost of such work. A markup of 5 percent of the subcontracted portion of the extra work may be added by the Contractor. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF WORK 6-2 PROSECUTION OF WORK A. The Contractor shall maintain all work under this contract from the date of the Notice to Proceed through termination of contract. B. The Notice to Proceed shall be authorized by the Engineer, after the execution of the Contract by the City Council. C. The Contract is subject to extension or termination as described herein. D. Performance Deficiencies Failure of the Contractor to provide services per contract specifications shall be documented by the Engineer as a performance deficiency. 2. If the Engineer determines that there are deficiencies in the performance of this Agreement, the Engineer will provide a written notice to the Contractor stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall be determined by the Engineer, to correct the specified deficiencies. M 3. The Contractor shall be notified both verbally and in writing each time Contractor's performance is unsatisfactory and corrective action is necessary. 4. Should the Contractor fail to correct any deficiencies within the stated time frame, the Engineer may exercise the following measures: a. Deduct from the Contractor's payment the amount necessary to correct the deficiency. b. Withhold the entire or partial payment. C. Utilize City forces, or an alternate source, to correct the deficiency and deduct from the Contractor's payment the total cost, including City overhead and administrative costs. d. Deduct from the Contractor's payment the amount calculated from the weekly check lists that have not been performed. 5. If deficiencies continue to occur, notice to terminate this contract will be given to the Contractor by the City thirty (30) days prior to the effective date of the termination. A. In the case of default by the Contractor, the City of Tustin may procure the service from other sources and if the cost is higher, the Contractor will be held responsible to pay the City of Tustin the difference between the price agreement cost and the price paid. B. The prices paid by the City of Tustin shall be the prevailing market price at the time such purchase is made. C. This is in addition to any other remedies available under law. The City reserves the right to terminate this contract at any time, with or without cause, upon thirty (30) days written notice to the Contractor, except where termination is due to the fault of the Contractor and constitutes an immediate danger to the health, safety and general welfare, the period of notice shall be such shorter time as may be appropriate. Upon receipt of the notice of termination, the Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Engineer. The Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Engineer thereafter. In the event of termination, the bonds required shall remain in effect for twelve (12) months after the date of termination to provide surety that any remedial work required at the time of termination will be completed, and that any vendors or laborers will be paid. AM 6-7 WORK SCHEDULE 6-7.2 Working Days The City of Tustin has implemented a 9/80 -work schedule. City Hall Offices are currently open from 7:30 a.m. to 5:30 p.m. Monday through Thursday and 8:00 a.m. to 5:00 p.m. on Fridays, except holidays. The Contractor's activities shall normally be scheduled between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES A noise level limit of 96 dBA at a distance of fifty feet (50') shall apply to all construction/maintenance equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. 7-2 LABOR LABOR STRIKE A. It shall be the responsibility of the Contractor to provide continuous maintenance services without interruption of traffic signals in the City. B. In case of any labor strikes, the Contractor shall provide other means, at his/her own cost, to provide a comparable continuous service as if there were no strike. Failing to do so will cause the City to take whatever action is deemed necessary to provide such service and the cost will be borne by the Contractor. 7-2.2 Laws jggg! Relations and Responsibility. The Contractor shall defend, indemnify and save harmless the City and each of its officers and employees and agents from all claims, suits or actions of every name, kind and description, including potential claims and suits, with respect to the failure, neglect or refusal of Contractor to faithfully perform the work and all of the Contractor's obligations under the contract. This defense and indemnification by Contractor shall specifically include all costs of defense which may be incurred by City or its employees, officers, or agents with respect to such claim or suit. Such costs, expenses, and damages shall include all costs incurred by the City, or its employees, officers or agents to defend against any claims, stop notices or lawsuits based thereon in which any of them is made a party. M Neither the City, nor any of its officers or dependents shall be personally, responsible for any liability arising under this contract. Subsistence Pay. Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this contract. Responsibility for Damage and Loss. The Contractor shall assume the defense of, and save harmless, the City of Tustin and its officers and agents from all claims of any kind arising from his own negligence or that of his agents in the performance of the contract. Labor Non-discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." Payroll Records. Attention is directed to provisions in the Labor Code Section 1776 which requires each Contractor and subcontractor to keep accurate payroll records regarding wages paid to journeymen, apprentices, workers, or other employees. The Contractor and subcontractor under him shall comply with the requirements of this Section. Employment of Apprentices. Attention is directed to the provisions of Section 1777.5, Chapter 1411, Statues of 1968 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor of any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may obtained from the Director of Industrial Relations, ex -officio and Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. MMEMMAN Public Liabili and PropertX Damages. Contractor shall take out and maintain during the life of the con—tract, commercial _general liability, automobile liability and worker's compensation insurance. The amount of the commercial general liability and automobile insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $2,000,000.00. The following insurer endorsements are required if not part of the policy: The City of Tustin, its elective and appointive boards, officers, agents and employees named as additional insureds in the policy as to the work being performed under the contract; M 2. The coverage is primary and no other insurance carried by the City of Tustin will be called upon to contribute to a loss under this coverage; 3. The policy covers blanket contractual liability; 4. The policy limits or liability are provided on an occurrence basis; 5. The policy covers broad form property damage liability; 6. The policy covers personal injury as well as bodily injury liability; 7. The policy covers explosion, collapse, and underground hazards; 8. The policy covers products and completed operations; 9. The policy covers use of non -owner automobiles; and 10. The coverage shall not be cancelled or terminated altered unless thirty (30) days written notice is given to the City of Tustin. 11. Insurers shall be authorized to do business in the State by the Department of Insurance and shall meet the following qualifications: A.M. Best's Key Rating of Grade A and Class VII (seven) (if an Admitted Insurer), and Grade A- or better and Class X (ten) or better (if offered by a Surplus Line Broker), is acceptable. Workers' compensation insurance rated Grade B- or better and Class VII (seven) or better, or offered by the State Compensation Fund, is acceptable. 12. The workers' compensation and employer's liability insurance policies shall contain a waiver of subrogation in favor of the City. Contractor shall provide to the City within ten (10) working days after the date of notice of award of the contract evidence of the aforementioned insurance with insurer endorsements, which must meet the requirements of this Article. An Accord Certificate will be accepted solely as evidence of the name of the insurers and the amounts of insurance. Failure to comply with these requirements will result in annulment of the award, forfeiture of the proposal guarantee, and the City will pursue award to the next qualified responsive Contractor. Contractor is advised that insurance requirements are non-negotiable and City will not consider waiving insurance requirements. There are no exceptions. 7-5 PERMITS A City of Tustin business license shall be obtained by the Contractor, at his/her expense, prior to starting work. Subcontractors working for the general Contractor for this project will be required to have a business license while working on this project. A no fee City of Tustin Encroachment Permit shall be obtained by the Contractor prior to starting work. MUES The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Contractor shall include in its proposal all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the City for damages resulting from such simultaneous, collateral, and essential work per Section 7-7 of the Standard Specifications of Public Works Construction ("Greenbook"). 7-8 PROJECT SITE MAINTENANCE 7-8.1 CLEAN UP AND DUST CONTROL This work shall consist of furnishing and applying water as required and as may be directed by the Engineer to control dust which is the result of the Contractor's operations. In addition, this work shall consist of sweeping and washing dirt and dust from streets and/or sidewalks adjacent to the project if said dirt and/or dust is a result of the Contractor's operations. The Contractor shall also clean adjacent streets by washing or power brooming, as directed by the Engineer, of any excavated or removed material which may have been spilled, tracked or blown onto adjacent streets or areas. In no case will the Contractor allow anything other than clean water to flow into the storm drain system. All USA/utility markings shall be removed from all concrete, asphalt concrete, sidewalk, curb and gutter, etc. at the end of the project. 7-10 PUBLIC CONVENIENCE AND SAFETY The Contractor shall so conduct his/her operation as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall furnish, erect and maintain such fences, barriers, lights, warning devices and signs in compliance with the current "Manual of Uniform Traffic Control Devices, California Supplement", or as may be deemed necessary by the Engineer to give adequate warning to the public at all times that the road or street is obstructed and of any abnormal conditions to be encountered as a result thereof. The Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times. 7-10.4.1 SAFETY ORDERS Pursuant to Public Contracts Code Section 7104, on any public works contracts involving the digging of trenches or other excavations deeper than four feet the Contractor shall promptly notify the City in writing if any of the following conditions are encountered: 1. Material the Contractor believes may constitute a hazardous waste, as defined in Health and Safety Code Section 25117 and that is required to be removed to a Class 1, 11 or III disposal site. 2. Subsurface or latent physical conditions at the site differing from those indicated in the contract. 3. Unusual physical conditions at the site which differ materially from those ordinarily encountered and generally recognized as inherent in the type of work provided in this contract. D-11 AMENDED 7-11 PATENT, FEES OR ROYALITIES The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on, or incorporated in the work. 7-15 PAYROLL RECORDS A. Weekly certified payroll records must be submitted to the Agency. Progress payments will be withheld pending receipt of any outstanding reports. B. Section 1776, Chapter 1 of Division 2, from the California Labor Code requires that each Contractor and subcontractor keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and each week, and the actual per them wages paid each journeyman, apprentice or worker employed by hi him. C. The employee's own payroll records shall be available for inspection, and a copy shall be made available to the employee or his authorized representative, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standard. D. Pursuant to Labor Code Section 1778.8, the Contractor agrees to pay travel and subsistence payments to each workman needed to execute the work in accordance with the applicable collective bargaining Agreements filed with the Department of Industrial Relations, 7-16 NOTICES Any notice, demand, request, consent, approval or communication that either party desires, or is required to give to the other party or any other person, shall be in writing and either served personally, sent by prepaid, first-class mail, or by facsimile followed by mailing of said notice. Any notice, demand, request, consent, approval or communication that either party desires, or is required to give to the other party, shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated two (2) City working days from the time of mailing if mailed as provided in this paragraph. Address for notification: City of Tustin Public Works Department/Engineering Division 300 Centennial Way Tustin, CA 92780 Fax No. 714.734.8991 7p]W SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT A. Unit prices listed in the Proposal and Contract Agreement shall include all labor, materials, equipment, overhead and profit and no additional compensation will be allowed. B. The Contractor will be paid monthly for satisfactory work performed under this contract. C. On or about the first of each month, the Contractor shall submit a detailed invoice and all reports required in the Agreement for work performed in the prior month. 1 This invoice shall be in accordance with the contract price and shall become the basis for payment. 2. This invoice shall be subject to review and approval by the Engineer. 3. All submitted invoices will be paid within 30 days of approval by the Engineer. 4. Any charges in the invoice not approved by the Engineer shall not be paid by the City. PAYMENTS WITHHELD The City may withhold entire or partial payment for reasons as follows: 1. Work required by the specifications that is defective, incomplete or not performed. 2. Claims against the City that are filed or reasonable evidence indicating probable filing of such claims. 3. Failure of the Contractor to make payments properly to subcontractors, or for materials and/or labor. 4. A reasonable doubt that the Contractor will not complete its required performance for the remaining balance of the term of the contract. 5. Reports, logs or written documentation required of the Contractor to be delivered to the Engineer which are incomplete or not performed. am CONTRACTOR'S LICENSING STATEMENT TO BE PROVIDED BY SUCCESSFUL CONTRACTOR PRIOR TO AWARD OF CONTRACT The undersigned Contractor or Corporate Officer, declares under penalty of perjury that the attached copy of the Contractor's pocket license or certificate of licensure is Contractor's, is current and valid, and is in a classification as required by the project specifications and appropriate to the work to be undertaken for this project. PROJECT: ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 SIGNED: TITLE: Note: Attach proper Notary Acknowledgment for signature of authorized person. (Use copy of blank form provided in Section B.) SECTION E SCOPE OF WORK 1. GENERAL The work to be done, in general, consists of routine preventative maintenance, inspection and cleaning of catch basin and catch basin inserts and inspection of automatic retractable screens in accordance with this Scope of Work. The Contractor is to furnish all tools, equipment apparatus, facilities, labor services and material, and perform all work necessary to accomplish in a good and workmanlike manner catch basin insert cleaning and maintenance services at the locations shown on the attached Exhibit "A" of this Scope of Work and made a part hereof. The Contractor shall provide a photo log and written inventory of all maintenance items. The various locations shown in Exhibit "A" may change as provided for in this Scope of Work. Contractor's performance under this Agreement shall be at the highest level promulgated in the industry. Full compensation for conforming to the requirements in this Scope of Work shall be included in the unit prices as listed in Contract Agreement. Additional work items not listed in Contract Agreement, shall be performed at the labor and equipment rates approved by the Engineer. Selection of a company to provide services will be based on a combination of qualifications including the provision of necessary license and certification requirements, demonstrated competence for satisfactory performance of the services required, prior experience with providing similar services, and reasonableness of the fee proposed. At a minimum, the company shall provide all safety equipment, materials, and training required for the inspection of catch basin inserts and removal of sediments and debris. The company personnel responsible for transport of removed materials shall maintain Class A commercial licenses with Hazardous Material Endorsements. The company personnel responsible for servicing the catch basin inserts shall maintain Class C licenses with Hazardous Materials Endorsements. In addition, no driver or service personnel shall be permitted to perform the subject services unless he/she has received a minimum of forty (40) hours of training in handling hazardous materials as required under Federal and/or California law. The company personnel, including supervisors and technicians at a minimum, shall be trained and certified in CPR, first aid, confined space entry, traffic control and permitting procedures. A Faithful Performance Bond in the amount of 100% of the proposed fee and a Labor and Materials Bond in the amount of 100% of the proposed fee in the form attached to the contract documents shall be provided. Said bonds shall be issued by a surety company duly authorized to issue such bonds in the State of California. E-1 2. STANDARD SPECIFICATIONS All services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by Contractors in similar circumstances in accordance with sound professional practices. All work performed or equipment or parts supplied by contractor shall be subject to the inspection and approval of the Engineer, or his authorized representative. Failure to pass inspection on any maintenance, repair and/or service item will result in non- payment for that item until such time as the contractor can present the item to the City in acceptable form. 3. PROPOSAL FORMAT It is requested that at a minimum, the following be submitted with your proposal: 1. A brief description of the project understanding and approach. 2. A list of similar types of work which your company has previously performed including scope, cost, the agency for whom the project was completed, and the agency individual in responsible charge of the project. 3. Identification of the key personnel who will supervise and perform the services. 4. Copies of applicable certifications and licenses necessary to perform the tasks as described in the Scope of Work. 5. Contract Agreement Acknowledgement: Include a brief statement acknowledging that the City's Contract Agreement for Catch Basin Insert Cleaning and Maintenance Services is acceptable without modifications. 6. Insurance and Business License Requirement Acknowledgement: Include a brief statement acknowledging that the City's insurance requirements are acceptable without modifications, and that the required business license(s) will be obtained. 7. The fee shall include the proposed "not -to -exceed" cost for completing the tasks in the Scope of Work. The total "not -to -exceed" cost shall include the costs of all equipment, materials, personnel, administration, overhead, transportation, reproduction, and all other related costs necessary to provide the subject services and reports. K!ieja :K61AT11161 a The Scope of Work to be prepared by the company to the satisfaction of the City shall include, but not be limited to the following. Prospective companies are encouraged to expand upon these tasks as necessary to clearly define the work effort required to perform the service. 1. TRAFFIC CONTROL AND LANE CLOSURE The Contractor shall conduct his work in such a manner as to minimize the disruption of traffic flow. The Contractor shall not obstruct or restrict any portion of the roadway until proper arrangements for traffic control have been received by the Engineer. All traffic control methods shall conform to the latest edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD) and this Scope of Work. At least one twelve foot (12) travel lane in each direction shall be open to traffic at all times. Not more than one intersecting street shall be closed at any one time without the prior approval of the Engineer or his authorized representative. Traffic stoppages shall be limited to time periods approved by the Engineer. Maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, houses, and buildings along the line of work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic. At the end of each day's work and at other times when maintenance operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the portion of the roadway and open it for use by public traffic. The Contractor shall furnish all flagmen, barricades, barriers, lights, signs, and any other device which may be necessary for adequate and safe traffic control. Pedestrian traffic must be maintained in a safe manner at all times. Pedestrian and emergency vehicular access shall be maintained to all residences, businesses and manufacturing establishments within the work area. All spillage and any excessive dirt or debris caused by hauling operations or moving equipment along or across any private or public property or public traveled way shall be removed immediately at the Contractor's expense. The Contractor shall provide unobstructed access to all fire hydrants at all times except as otherwise provided, in writing, by the Engineer. Failure to provide adequate safety devices, as directed by the Engineer, will cause the City to install safety devices as needed and the cost will be assessed to the Contractor at the City's actual cost. City shall be entitled to offset any costs incurred against Contractor's invoice. E-3 All cost for traffic control shall be included in the various items of work, and no additional compensation will be allowed, 2. CLEANING SERVICE PROCEDURES This work shall include broom sweeping the area around the inlet and removal of trash, debris, and sediment from the catch basin insert and the catch basin. Entry into catch basins requires compliance with CAL -OSHA requirements for confined spaces. When entering storm drain inlet structures, the Company shall follow confined space entry and work requirements of General Industrial Safety Orders Section 5156-5158, Article 08 of California Code of Regulations, Title 8 and Construction Order 1532, as they may be amended. This work shall include scheduled quarterly cleaning and unscheduled emergency cleanings. Emergency cleanings may occur at any time and require a response time of less than 24 -hours after notification. 3. FILTER INSPECTION SERVICES This work shall be done quarterly for each catch basin with an installed Drain Pac catch basin insert or an automatic retractable screen. There are 267 catch basin locations with Drain Pac inserts installed. Some locations have more than one Drain Pac filter installed. Additionally some locations have an automatic retractable screen installed. The location of each catch basin is provided in Exhibit "A". The purpose of the catch basin filter inspection is to determine whether or not the Drain Pac is half full. Drain Pac filters must be cleaned once they reach the half full limit. Drain Pac filters should be inspected for any holes, rips, or petroleum hydrocarbon build-up. The retractable screens should be inspected to ensure that they are in a closed position and working property. 4. FILTER CLEANING SERVICES This work shall be done during the quarterly inspection. Catch basins must be cleaned when an inspection indicates that a catch basin filter is more than half full. Contractor shall provide an updated list of the catch basin filter inventory, showing the condition of the Drain Pac filters installed in each of the catch basins, after each inspection and/or cleaning. The curb inlet can be cleaned in place with use of an industrial vacuum truck/trailer, however, confined space procedures must be followed at all times. All inspections and cleaning should be recorded and documented. 5. MAINTENANCE AND REPAIR SERVICES This work shall include removal and replacement of damaged filter liners or damaged catch basin filtration devices. The filtration device used to replace the damaged units shall be United Storm Water Inc.'s Drain Pac Storm Drain Filter Insert, or approved equal as determined by the Engineer prior to replacement. If filter liners must be replaced, the liners shall be those used for United Storm Water Inc.'s Drain Pac Storm Drain Filter Insert, or approved equal as determined by the Engineer prior to replacement. E-4 This work includes. 1. Removal and replacement of catch basin filtration devices. 2. Removal and replacement of filter liner only. 3. Repair of malfunctioning automatic retractable screen. 6. SAMPLING ANALYSIS The waste from each catch basin insert shall be categorized and weighted in order to track the total amount of debris collected. The debris collected (Removed Substances) may contain heavy materials and hydrocarbons which may be considered "hazardous wastes" under Federal and/or California law, requiring assessment for proper waste classification prior to treatment, transportation, storage and/or disposal. Removed Substances shall be collected systematically in such a manner that will allow materials that test positive for hazardous waste to be traced back to the catch basin source locations. Company shall take representative samples of the Removed Substances which have been consolidated at the accumulation site for analysis by a state certified laboratory selected by the City. This work shall include: 1. Basis Analysis (Title 22 Total Threshold Limit Concentration (TTLC) and Total Petroleum Hydrocarbons (TPH) 2. Metals Soluble Threshold Limit Concentration (STLC) 3. Metals Toxic Characteristic Leach Procedure (TCLP) I The Company shall select a disposal facility licensed by CAL -EPA, the Department of Toxic Substances Control or the California Integrated Waste Management Board, as appropriate, at which the Removed Substances shall be disposed. This work shall include disposal fees, service charges, and County taxes collected at the gate per drum of material disposed. This work shall include: 1. Non -Hazardous (Waste stored in roll -off bins) 2. California Hazardous (Waste stored in roll -off bins) 3. Federal Hazardous (Waste stored in roll -off bins) Within thirty (30) days after a catch basin is serviced, the company shall provide the following information to the City in database record format: • Date of cleaning • Location & Photograph • Catch basin inlet and filter type • Status of discharge pipes leaving drop inlets E-5 • Amount of removed material • Approximate composition of removed material by general category (i.e. construction materials, green waste, silt, etc.) • Roll -off bin numbers in which the removed material was placed • Hazard class and manifest numbers (if applicable) • Disposal date, Disposal weight, Disposal facility 4. NOTIFICATION The Contractor shall notify the Engineer or his authorized representative of the alterations, substitution, or removal of any component, or alteration to the catch basin BMP. During normal business hours of the City, notification by telephone shall be made within one (1) hour of such change. Notification of changes made at times other than normal business hours of the City shall be reported by telephone within one (1) hour of the beginning of the next business day of the City. All correspondence shall be addressed to the Public Works Department/Engineering Division, City of Tustin, 300 Centennial Way, Tustin, CA 92780. 5. WORKING HOURS Contractor shall be on call at all times. Normal working hours shall be between the hours of 7 A.M. and 5 P.M., Monday through Friday. Any lane closures shall be between the hours of 9:00 AM to 3:00 PM Monday through Friday, unless otherwise approved by the Engineer, or his designated representative. 6. SALVAGED OR DAMAGED EQUIPMENT AND OWNERSHIP Ownership of all materials existing and incorporated in the work are vested in the name of the City of Tustin. Salvaged or damaged equipment shall become the property of the Contractor unless otherwise directed by the City. 7. WARRANTY SERVICE The Contractor shall guarantee the work against defective material or workmanship for a period of one (1) year from date of completion of the work. Damage due to acts of nature or from sabotage and/or vandalism are specifically excepted from the guarantee. When defective material and/or workmanship are discovered which require repairs to be made under this guaranty, all such work shall be done by the Contractor at its own expense within five (5) calendar days after written notice of such defects has been given to Contractor by the City. Should the Contractor fail to repair such defective material or workmanship within five (5) calendar days thereafter, the City may cause the necessary repairs to be made and charge the Contractor with the actual cost of all labor and materials required. In emergencies demanding immediate attention, if the Contractor is =7� unable to respond, the City shall have the right to repair the defect and charge the Contractor with the actual cost of all labor and material required. Any repair work performed as herein specified shall be done under the provisions of the original contract specifications. During the warranty period, the Contractor is expected to coordinate warranty repairs with the appropriate manufacturer or installing contractor. The Contractor shall notify the City of any undue delays by the manufacturer or installing contractor in responding to warranty requests and provide a detailed summary of the nature and reason for said warranty requests. 8. ADDITIONAL WORK NOT LISTED IN CONTRACT AGREEMENT At times, it may be necessary for the Contractor to perform additional work above and beyond work listed in the Contract Agreement. The Contractor shall supply cost estimates for work to be done in these cases. Such cost estimates shall be provided for budgeting purposes only. Billing for such additional work shall reflect the labor rates, actual hours worked, and materials actually supplied. The Contractor's invoice for additional work shall indicate: • Work order number, person giving authorization and date of work • Contractor's invoiced material • Contractor's labor charge • Contractor's equipment charge • Brief description of work completed and location of work • Salvage credit (if none, so state) The City will compensate the Contractor for such additional work based on the verified invoice cost of materials, equipment and labor plus markup. 9. MEETINGS The Contractor will be notified and required to attend and participate in meetings with City staff if needed. These meetings will be held for the purpose of discussing contract provisions, problems and/or issues and ensuring that the work is proceeding as per the contract documents. These meetings will be called by the Engineer or his authorized representative, if he feels they are needed. E-7 29. PATENTS The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work. 30. PERMITS, LICENSES, AND INSPECTIONS The Contractor and all its subcontractors shall obtain and pay for a City business license from the City of Tustin prior to the commencement of work, The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the contract, except that a no -fee encroachment permit will be issued by the Engineer. All work performed, or equipment or parts supplied by the Contractor, shall be subject to inspections and approval of the Engineer, or his authorized representative. 31. WORK STOPPAGE It shall be the responsibility of the Contractor to provide continuous maintenance services. In case of any work stoppages due to labor strike or otherwise, Contractor shall provide by other means, and at its own cost, comparable continuous service under this Agreement as if there were no work stoppage. Failing to do so will cause the City to take whatever action(s) is deemed necessary to provide such service and the cost shall be borne by the Contractor. An CONTRACTORS BUSINESS LICENSE APPLICATION incompietion oz zne Appucauon will cause a delay in processing. STATE LICENSED CONTRACTOR Business Name Business Address city os -rustin Business License Application 300 Centennial Way Tustin, CA 92780 714573-3144 FAX 714573-3129 (Use of Post Office or commercial mailbox for business address is a misdemeanor.) City State Mailing Address City State Business Phone ( 1 Cell Phone ( i State License No. Business Activity (Please be specific) Suite Number Zip Code Suite No. Zip Code Construction Class(es) Expiration Date Business Type (check one) ❑ Sole Ownership / Independent Contractor / Partnership ❑ Corporation / Corporate Identification No. (located on Articles of Incorporation) State ❑ LLC Identscation No. State Tax and Revenue Code requires taxpayer identification, complete the following. Corp/LLC, use Officer. RESIDENCE ADDRESS OF RESPONSIBLE PARTY IS REQUIRED. Name Driver's License No. Residence Address City If partnership, name partner below: Name Residence Address City State Zip Code Emergency Phone Driver's License No. State Zip Code Emergency Phone Approximate Date of the Start of this business at this location in the City of Tustin I hereby declare, under penalty of perjury, that the foregoing information is true and correct. As a condition for the issuance of the license applied for, I agree to submit any additional information that may be required and to conduct all phases of this business in conformance with all applicable laws, ordinances and regulations established for such business/ profession. In addition, my signature serves to verify that I have been informed that this license renewal is due every January lot. Signature Printed Name and Title Fee schedule Jan -Mar Apr -June July -September Oct -Dae A or B License $80.00/yr $60.00 $40.00 $20.00 C License $40.00/y: $30.00 $20.00 $10.00 Amount $ Penalty if applicable $ Total Due $ MAKE CHECKS PAYABLE TO THE CITY OF TUSTIN. RECEIPT OF FEES COLLECTED AMOUNT CHECK # DATE I INITIAL Business\Revised Forms 20021ContractorBusLicApp-no Tustin office Date After March, fee is pro- rated; use amount under each Quarterly listing only for your license. EXHIBIT "A" CATCH BASIN LOCATIONS A-1 "o ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 CITY OF TUSTIN AREA #1 ITEM NO. CONTRACT ITEM DESCRIPTION APPROXIMATE QUANTITY UNIT PRICE TOTAL PRICE 1 515 E. First St 1 L.S. $ $ 2. Irvine Blvd & Holt Ave 1 L.S. $ $ 3. Holt Ave & Irvine Blvd 1 L.S. $ $ 4. Holt Ave & Irvine Blvd 1 L.S. $ $ 5. Irvine Blvd & Holt Ave 1 L.S. $ $ 6. Irvine Blvd F/O 18801 1 L.S. $ $ .7. Holt Ave & Newport Ave 1 L.S. $ $ 18. 1 Irvine Blvd & Holt Ave 1 L.S. $ $ ITEM NO, CONTRACT ITEM DESCRIPTION APPROXIMATE QUANTITY UNIT PRICE TOTAL PRICE 9. 10. 17,n & Laurinda 17th & Tree Haven 1 L.S. 1 L.S. $ $ $ $ ii. Yorba & 17t St 1 L.S. $ $ 12. -Yorba & 17tSt 1 L.S. $ $ 13. 17" St & Prospect 1 L.S. $ $ 14. Prospect & 17t" 1 L.S. $ $ 15. Irvine Blvd & Prospect 1 L.S. $ $ 16. Irvine Blvd F/O 17671 1 L.S. $ $ 17. Irvine Blvd & B St 1 L.S. $ $ 18. Irvine Blvd & B St 1 L.S. $ $ 19. 17241 Irvine Blvd 1 L.S. $ $ 20. Irvine Blvd A/F 17241 1 L.S. $ $ 21. Irvine Blvd & B St 1 L.S. $ $ 22. Irvine Blvd & Prospect Ave 1 L.S. $ $ 23. First St & Prospect Ave 1 L.S. $ $ 24. First St & Prospect Ave 1 L.S. $ $ 25. First St & C St 1 L.S. $ $ 26. First St & C St 1 L.S. $ $ 27. First St & B St 1 L.S. $ $ 28. First St & B St 1 L.S. $ $ 29. First St F/O 345 1 L.S. $ $ 30. First St F/O 395 1 L.S. $ $ __qi. First St & A St 1 L.S. $ $ CATCH BASIN LOCATIONS (CONTYD) ITEM NO. CONTRACT ITEM DESCRIPTION FILTER TYPE FILTER SIZE RECORD NUMBER 32. First St & Mountain View Drain Pac 45x12x12 34-28 33. First St & F/O 505 Drain Pac 41x12x12 34-1 34. First St & Yorba St Drain Pac 45x12x12 34-33 35. First St F/0 741 Drain Pac 41x12x12 34-34 36. First St F/0 Drain Pac 41x12x12 34-38 37. Holt Ave & Newport Ave Drain Pac 45x12x12 35-1 38. Fashion Ln & First St Drain Pac 45x12x12 35-4 39. El Camino Real & First St Drain Pac 60x12x12 42-1 40. El Camino Real & Second St Drain Pac 41x12x12 42-2 41. Sixth St & C St Drain Pac 41x12x12 42-3 42. El Camino Real & 3' St Drain Pac 41x12x12 42-5 43. Third St & El Camino Real Drain Pac 42x12x12 42-6 44. El Camino Real & Main St Drain Pac 41 x1 2x1 2 42-7 45. Main St & El Camino Real Drain Pac 41x12x12 42-8 46. C St & Main St Drain Pac 45x12x12 42-9 47. C St & Main St Drain Pac 45x12x12 42-10 48. B St & Main St Drain Pac 45x12x12 42-12 49. B St & Main St Drain Pac 45x12x12 42-13 50. Main St & B St Drain Pac 45x12x12 42-14 51. Pacific & Main St Drain Pac 41 x1 2x1 2 42-15 52. Pacific & Main St Drain Pac 41x12x12 42-16 53. Main St & El Camino Real Drain Pac 41x12x12 42-28 54. Sixth St & C St Drain Pac 41x12x12 42-31 55. C St & Sixth St Drain Pac 41x12x12 42-32 56. Sixth St & C St Drain Pac 41x12x12 42-33 57. B St & 6 1h St Drain Pac 41x12x12 42-34 58. B St & 6t' St Drain Pac 41 x1 2x1 2 42-35 59. Sixth St & Pacific Drain Pac 45x12x12 42-36 60. Pacific & Sixth St Drain Pac 45x12x12 42-37 61. Pacific & Sixth St Drain Pac 45x12x12 42-38 62. Sixth St & Pacific Drain Pac 45x12x12 42-39 63. El Camino Real & Newport Ave Drain Pac 45x12x12 41-1 64. Main St @ Library Drain Pac 45x12x12 43-9 65. Main St & Centennial Drain Pac 60x12x12 43-10 66. Main St & Centennial Drain Pac/ARS 41x12x12 43-10 67. Main St @ Library Drain Pac/ARS 41 x1 2x1 2 43-14 68. Main St @ Library Drain Pac/ARS 82x12x12 43-15 69. 313 1/2 Third St. Drain Pac 41x12x12 43-16 70. Main St & Prospect Ave Drain Pac 90x12x12 43-20 71. El Camino Real & Main St Drain Pac 41x12x12 43-21 72. Prospect Ave & 3r" St Drain Pac/ARS 83x12x12 43-23 73. EI Camino Real & Third St Drain Pac 41x12x12 43-24 74. 195 El Camino Real Drain Pac 41x12x12 43-25 -75. Newport Ave & El Camino Real Drain Pac/ARS 41x12x12 43-28 CATCH BASIN LOCATIONS (CONTID) ITEM NO. CONTRACT ITEM DESCRIPTION FILTER TYPE FILTER SIZE RECORD NUMBER 76. Sixth St & Pacific Ave Drain Pac 45x12x12 50-1 77. Library @ Main St Drain Pac 60x12x12 LIB -1 178. 1 Library @ Main St Drain Pac 60x12x12 LIB -4 AREA #3 ITEM NO. CONTRACT ITEM DESCRIPTION FILTER TYPE FILTER SIZE RECORD NUMBER 79. Bryan Ave & Browning Ave Drain Pac 60x12x12 38-3 80. 1881 Bryan Ave Drain Pac 45x12x12 38-4 81. Bryan Ave South of Woodland Dr Drain Pac 45x12xl 2 38-9 82. Bryan Ave @ Woodland Dr Drain Pac 83x12x12 38-10 83. Bryan Ave @ Red Hill Ave Drain Pac 45x12x12 38-15 84. Red Hill Ave @ Bryan Ave Drain Pac 45x12x12 38-16 85. Woodland Dr Cul -de -Sac Drain Pac 45x12xl 2 38-18 86. 1421 Lance Dr Drain Pac 60x12x12 44-23 87. 1423 Lance Dr Drain Pac 45x12x12 44-24 88. 13621 Green Valley Drain Pac 41x12x12 44-25 89. Bryan Ave South of Woodland Dr Drain Pac 45x12x12 45-4 90. 13731 Falmouth Drain Pac 45x12x12 45-6 91. 1871 Sierra Vista Drain Pac 38x30x12 45-14 92. Tustin Village Way & McFadden Ave Drain Pac 25x34x12 49-3 93, Main St Under Bridge Drain Pac 38x32x12 49-4 94. Main St @ 1-5 Freeway Drain Pac 38x39x12 49-5 95. Main St Under 1-5 Fwy Drain Pac 38x39x12 49-10 96. Main St Under 1-5 Fwy Drain Pac 38x23x12 49-11 97. Main St Under 1-5 Fwy Drain Pac 60x4Oxl2 49-12 98. Newport Ave @ 1-5 Fwy Drain Pac 45x12x12 50-4 99. Newport Ave @ 1-5 Fwy Drain Pac 45x12x12 50-5 100. 16002 Myrtle Ave Drain Pac 41x12x12 55-10 101. 16002 Myrtle Ave Drain Pac 45x12x12 55-11 102. Walnut Ave @ Newport Ave Drain Pac 60x12x12 55-15 103. Newport Ave & Sycamore Drain Pac 45x12x12 55-18 104. 14901 Newport Ave Drain Pac 41x12x12 55-21 105. Valencia Ave & Red Hill Ave Drain Pac 60x12x12 60-51 106. Valencia Ave & Red Hill Ave Drain Pac 60x12x12 65-5 107. Mosher Ave & Bell Ave Drain Pac 42x12x12 65-8 108. Mosher Ave & Morgan Cir Drain Pac/ARS 42x12x12 165-10 109, +Mosher Ave & Bell Ave Drain Pac/ARS 42x12x12 165-11 CATCH BASIN LOCATIONS (CONT913) AREA #4 ITEM NO. CONTRACT ITEM DESCRIPTION FILTER TYPE FILTER SIZE RECORD NUMBER 110. 13640 Uft Dr Drain Pac 41x12x12 44-28 ill. 13631 Uft Dr Drain Pac 45x12xl 2 44-29 112. 13631 Charloma Drain Pac 41x12x12 44-30 113. 1352 Andrews St Drain Pac 41x12x12 44-32 114. 1370 San Juan St Drain Pac 60x12xl 2 44-33 115. 1370 San Juan St Drain Pac 60x12xl 2 44-34 116. 19911/2San Juan St Drain Pac 45x12xl 2 45-8 117. 1800 San Juan St Drain Pac 60x12x12 45-9 118. 1991 Y2 San Juan St Drain Pac 41x12x12 45-13 AREA #5 ITEM NO. CONTRACT ITEM DESCRIPTION FILTER TYPE FILTER SIZE RECORD NUMBER 119. Maintenance Yard Parking Lot Drain Pac 23x23x12 CY1 120. Maintenance Yard Drain Pac 23x23x12 CY2 121. Maintenance Yard Entrance Drain Pac 23x23x12 CY3 122. 1472 Service Road Drain Pac 17x33x12 CY5 123. Red Hill Ave & Bryan Ave Drain Pac 41x12x12 37-10 124. Bryan Ave & Red Hill Ave Drain Pac 45x12x12 44-17 125. Red Hill Ave & Bryan Ave Drain Pac 41x12x12 45-1 126. William St & McFadden Ave Drain Pac 21x12x12 48-1 127. Nisson Rd Drain Pac 41x12x12 50-11 128. Nisson Rd Drain Pac 41x12x12 50-12 129. 17220 Nisson Rd Drain Pac 41x12x12 50-13 130. 17222 Nisson Rd Drain Pac 41x12x12 50-14 131. Carlann Cir & Boleyn Cir Drain Pac 41x12x12 50-15 132. 17222 Nisson Rd Drain Pac 41x12x12 50-16 133. 17220 Nisson Rd Drain Pac 41x12x12 50-17 134, Nisson Rd Drain Pac 41x12x12 50-18 135. Nisson Rd Drain Pac 41x12x12 50-19 136. Nisson Rd Drain Pac 41x12x12 50-20 137. McFadden Ave & Myrtle Ave Drain Pac 45x12xl 2 50-29 138. 14492 Cherrywood Drain Pac 41x12x12 53-15 139. 14351 Drain Pac 86x12xl 2 53-20 140. Cherrywood Ln Drain Pac 41x12x12 53-21 141. 14492 Cherrywood Ln Drain Pac 41x12x12 53-22 142. McFadden Ave & Myrtle Ave Drain Pac 41x12x12 55-13 143. Red Hill Ave & Santa Fe Dr Drain Pac 41x12x12 60-49 144. 2301 Red Hill Ave Drain Pac 45x12x12 60-50 CATCH BASIN LOCATIONS (CONT'D) AREA #6 ITEM CONTRACT ITEM NO. DESCRIPTION FILTER TYPE FILTER SIZE RECORD NUMBER 145. 13941 Browning Ave Drain Pac 41 x12x12 45-15 146. 13941 Browning Ave Drain Pac 41x12x12 46-1 147. 13751 Browning Ave Drain Pac 41 x12x12 46-2 148. Park Center @ Bryan Ave Drain Pac 41x12x12 46-3 149. Parkview @ Park Center Drain Pac 41 x12x12 46-6 150. Parkview @ Park Center Drain Pac 41 x12x12 46-8 151. Park Center @ EI Camino Real Drain Pac 41x12x12 46-12 152. Park Center @ El Camino Real Drain Pac 41x12x12 46-13 153. Park Center @ Park View Drain Pac 41 x12x12 46-14 154. Park Center @ Bryan Ave Drain Pac 41x12x12 46-17 155. Bryan Ave & Tustin Ranch Rd Drain Pac 41 x12x12 46-18 156. El Camino Real @ Tustin Ranch Rd Drain Pac 41x12x12 46-19 157. EI Camino Real @ Tustin Ranch Rd Drain Pac 41 x12x12 46-22 158. Tustin Ranch Rd @ Auto Center Drain Pac 45x12x12 47-4 159. Bryan Ave & Tustin Ranch Rd Drain Pac 42x12x12 47-25 160. Tustin Village Way & McFadden Ave Drain Pac 39x17x12 49-2 AREA #7 ITEM CONTRACT ITEM NO. DESCRIPTION FILTER TYPE FILTER SIZE RECORD NUMBER 161. Bell Ave & Red Hill Ave Drain Pac/ARS 42x12x12 6-7 162. Second St & Pasadena Ave Drain Pac/ARS 41 x12x12 42-17 163. Pasadena Ave Drain Pac 41x12x12 42-18 164. Main St & Myrtle Ave Drain Pac 40x16x12 42-20 165. Newport Ave & Mitchell Ave Drain Pac/ARS 83x12x12 50-22 166. Pasadena Ave & McFadden Ave Drain Pac/ARS 82x12x12 50-30 167. McFadden Ave & Pasadena Ave Drain Pac/ARS 84x12x12 168. Pasadena Ave & Altadena Dr Drain Pac/ARS 40x12x12 169. Pasadena Ave & Altadena Dr Drain Pac/ARS 40x12x12 170. Myrtle Ave & Altadena Dr Drain Pac 41 x12x12 171. Carfax Dr & Sycamore Ave Drain Pac/ARS 80x12x12 172. Sycamore Ave & Carfax Dr Drain Pac/ARS 41x12x12 173. Sycamore Ave & Del Amo Ave Drain Pac/ARS 44x12x12 174. Sycamore Ave & Carfax Dr Drain Pac/ARS 42x12x12 175. Edinger Ave @ AT&T Drain Pac/ARS 42x80x12 176. 1422 Edinger Ave Drain Pac/ARS 122x12x12 177. Edinger Ave & Del Amo Ave Drain Pac/ARS 56x12x12 178. Edinger Ave & Del Amo Ave Drain Pac/ARS 27x12x12 179. Edinger Ave & Newport Ave Drain Pac/ARS 84x12x12 180. Edinger Ave & Newport Ave Drain Pac/ARS 72x12x12 181. New ort Ave & Edinger Ave Drain Pac/ARS 48x12x12 182. Newport Ave & Edinger Ave Drain Pac/ARS 41x12x12 183. Newport Ave & SR -55 Fwy Drain Pac/ARS 58x12x12 CATCH BASIN LOCATIONS (CONTvD) ITEM NO. CONTRACT ITEM DESCRIPTION FILTER TYPE FILTER SIZE RECORD NUMBER 184. Newport Ave Drain Pac/ARS 42x12xl 2 185. Newport Ave & Valencia Ave Drain Pac/ARS 36x12x12 186. Newport Ave & Valencia Ave Drain Pac/ARS 36x12x12 187. Newport Ave Drain Pac/ARS 41x12x12 188. Newport Ave & Del Arno Ave Drain Pac/ARS 41x12x12 189. Newport Ave & Del Arno Ave Drain Pac/ARS 41x12x12 190. Newport Ave & Edinger Ave Drain Pac/ARS 36x12x12 191. Edinger Ave & Del Arno Ave Drain Pac/ARS 38x17xl 2 192. 15222 Del Arno Ave Drain Pac/ARS 41x12x12 193. 15171 Del Arno Ave Drain Pac/ARS 41x12x12 194. Del Arno Ave Drain Pac/ARS 40x12xl 2 195. Del Arno Ave Drain Pac/ARS 30x12xl 2 196. 15222 Del Arno Ave Drain Pac/ARS 30x12xl 2 197. 1231 Edinger Ave Drain Pac/ARS 41x12x12 198. Edinger Ave & Red Hill Ave Drain Pac/ARS 120x12x12 199. Red Hill Ave & Edinger Ave Drain Pac/ARS 63x12x12 200. Red Hill Ave & Industrial Dr Drain Pac 66x12x12 201. Red Hill Ave & Industrial Dr Drain Pac 42x12x12 202. Valencia Ave & Mosher Ave Drain Pac/ARS 60x12x12 203. Valencia Ave @ RR Drain Pac/ARS 42x12x12 204, Valencia Ave & Newport Ave Drain Pac 40x12x23 205. Valencia Ave & Lansdowne Ave Drain Pac 41x12x12 206. Valencia Ave Drain Pac 40x12x12 207. Valencia Ave & Armstrong Ave Drain Pac 40x12x12 208. Valencia Ave & Armstrong Ave Drain Pac 41x12x12 209. Valencia Ave & Severyns Rd Drain Pac 36x12x12 210. Valencia Ave & Severyns Rd Drain Pac 36x12xl 2 211. Valencia Ave & Lansdowne Rd Drain Pac 34x12x12 212. Lansdowne Rd & Valencia Ave Drain Pac 36x12x12 61-10 213. Lansdowne Rd Cul -de -Sac Drain Pac 41x12x12 61-11 214. Lansdowne Rd Cul -de -Sac Drain Pac 41x12x12 61-12 215. Lansdowne Rd @ Valencia Ave Drain Pac 34x12x12 61-13 216. Red Hill Ave & Valencia Ave Drain Pac 41 xi 2xl 2 61-14 217. Kensington Park Dr @ Georgia St Drain Pac/ARS 60x12x12 62-16 218. Kensington Park Dr & Georgia St Drain Pac 60x12x12 62-17 219. Kensington Park Dr @ Valencia Ave Drain Pac/ARS 41x12x12 62-18 220. Valencia Ave & Kensington Park Dr Drain Pac/ARS 41x12x12 62-19 221. Valencia Ave & Columbus Square Drain Pac 60x12x12 62-20 222. Valencia Ave & Columbus Square Drain Pac 34x12x12 62-21 223. Valencia Ave Drain Pac 40x12x12 62-22 224. Kensington Park Dr & Valencia Ave Drain Pac 40x12x12 62-23 225, Kensington Park Dr & Georgia St Drain Pac 40x12x12 62-24 226. Valencia Ave @ RR Drain Pac/ARS 42x12x12 65-3 227. Valencia Ave & Mosher Ave Drain Pac/ARS 42x12x12 65-4 CATCH BASIN LOCATIONS (CONT91)) ITEM NO. CONTRACT ITEM DESCRIPTION FILTER TYPE FILTER SIZE RECORD NUMBER 228. 1201 Bell Ave Drain Pac/ARS 42x12x12 65-12 -2-29 Bell Ave & Gateway Cir Drain Pac/ARS 41x12x12 65-13 230. Richoh on Bell Drain Pac/ARS 41x12x12 65-14 2 31, 15773 Bell Ave Drain Pac/ARS 102x12x12 65-16 232. Gateway Cir Drain Pac 85x12x12 65-17 f3 -3 -Gateway Cir Drain Pac 42x12x12 65-18 234. 15774 Bell Ave Drain Pac/ARS 82x12xl 2 65-19 -2�3-5 1342 Bell Ave Drain Pac/ARS 41x12x12 65-20 2-36 Bell Ave & Red Hill Ave Drain Pac/ARS 118x12x12 65-21 -2-37 Armstrong Ave & Valencia Ave Drain Pac 34x12x12 66-1 Z-8. Armstrong Ave & Valencia Ave Drain Pac 40x12x12 66-2 -2-39 'Armstrong Ave & Valencia Ave Drain Pac 41x12x12 66-3 240. Armstrong Ave & Valencia Ave Drain Pac 34x12x12 66-4 Armstrong Ave & Valencia Ave Drain Pac 34xl2xl2 66-5 2. ArmstrongAve & Valencia Ave Drain Pac 41xl2xl2 66-6 r1. 3. Armstrong Ave & Valencia Ave Drain Pac 40xl2xl2 66-7 44. 44 13ell Ave Drain Pac/ARS 43xl2xl2 66-9 245. Barranca Pkwy & The District Drain Pac 80x12x12 71-1 246. Barranca Pkwy & Emerson Drain Pac 80x12x12 71-2 247. Barranca Pkwy @, Army Reserve Drain Pac 84x12x12 71-3 248. Tustin Ranch Rd & Barranca Pkwy Drain Pac 83x12x12 71-6 249. Park Ave @ PetSmart Drain Pac 82x12x12 71-7 250. Park Ave @ Target Drain Pac 82x12x12 71-8 251. Tustin Ranch Rd @ Tar et Drain Pac 82x12x12 71-9 252. Center Median on Tustin Ranch Rd Drain Pac 41x12x12 71-10 253. Center Median on Tustin Ranch Rd Drain Pac 83x12x12 71-11 254. Tustin Ranch Rd Drain Pac 42x12xl 2 71-12 255. Tustin Ranch Rd Drain Pac 82x12x12 71-13 256. TustinRanch Rd & Barranca Pkwy Drain Pac 82x12x12 71-14 257. Jamboree Rd & Barranca Pkwy Drain Pac 80x12x12 72-2 258. Warner Ave & Park Ave Drain Pac 83x12x12 72-6 259. Tustin Ranch Rd & Park Ave Drain Pac 84x12xl 2 72-7 260. Tustin Ranch Rd & Warner Ave Drain Pac 82x12x12 72-8 261. Tustin Ranch Rd & Warner Ave Drain Pac 60x12x12 72-9 262. Park Ave & Warner Ave Drain Pac 83x12x12 72-10 263. Park Ave & Warner Ave Drain Pac 83x12xl 2 72-11 264. Park Ave & District Dr Drain Pac 83x12x12 72-12 265. Park Ave & District Dr Drain Pac 42x12x12 72-13 266. Jamboree Rd & Barranca Pkwy Drain Pac 80x12x12 73-2 267. Jamboree Rd & Barranca Pkwy Drain Pac 42x12x12 I 859-A ATTACHMENT 2 i SECTION B PROPOSAL 1 I mumalm FOR A-M-NUAL 2A-TCH &A -SIN !N -S -ERT 9-L-E-A_NlNQ AND MAINTENANCE LERVICES (ACCOUNT NUMBER 100-40-16-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2016-2016 2, 21" x 12"x 12' 1 Ea. $54.00 3. 23" x 23" x 12" 3 Ea. $54.00 $162.00 4. 24"X 38"x 12" 3 Ea. $54.00 $162.00 5. 25' x 34' x 12" 1 54.00 -)----T-$5400 1$54.00 6. 27'x 12"x$54.0( 7. 30'x 12" x 12" 2 Ea. $54.00 $108.00 34" x 12' x 12' 6 Ea. 1$54.00 $324.00 36' x 12" x 12" 6 E. 1$54.00 $! 324.00 10, 38" x 30" x 12" 12 Ea. $54.00 isimoo 1 38' x 32' x 12' l$54.00 i 1$54.00 12. 38' x 17" x 12" 1 1$54.00 $54.00 13. 38" x 39" x 12' 2 Ea. $54.00 $108.00 14. 38" x 23' x 12" 1 Ea. -$54.00 1$54.00 - --- 15. 1 39' x 17" x 12" 1 54.00 11$54.00 16. 140"x 12" x 12" 40 Ea, $54.00 $540.00 17. 40" x 12' x 23' 1 .X54.00 1$54.00 18. 40" x 16' x 12" 11 Ea. 54.00 $54.00 19. 14133x 12- x 12- 90 E& $54.00 1$4.860.00 K 42" x 12'x 12" 8.00 21 142' x 80' x 12' .00 22. 43' x 12" x 12" .00 23. 1 44" x 12" x 12" Ea. 1$54.00 i $54.00 B-2 I ME * Unit prices shall include all labor, materials, equipment, overhead and profit and no additional compensation will be allowed. ANNUAL CATCH BASIN INSERT C'EANING AND MMAINTENANCE §ERVICES (ACCOUNT NUMBER 100 -16-6227) -40 FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 CIT Y OF TUSTIN ITEM CONTRACT ITEM APPROXINIATE UNIT I NO. DESCRIPTION NTIT Y PRICE T TAL M iCE .0 R 25. 48' x 12' x 12" 2 Ea. [$54.00 $108.00 26. 56'x 12'x 12" 1 Ea. $54.00 $54.00 27 58" x 12" x 12" 1 Ea. $54.00 $54.00 28, 60"x 12'x 12' if 27 Ea. 1$54.00 1 �-,1,458.00 29. 60" x 40" x 12" 1 Ea. $54.00 $54.00 X 63" x 12" x 12' 1 Ea. $54.01) 54.00 31 66" x 12" x 12" Ea. $54.00 1$54.00 32, 72' x 12" x 12" 1 Ea. $54.00 80" x 12" x 12" 5 Ea. $54.00 $270.00 4. 82" x 12'x 12' Ea. $54.00 $486.00 35. 183x 12"x 12" 9 Ea. $54.00 $486.00 35. 84" x 12" x 12' 4 Ea. $54.00 $216.00 37. 85" x 12"x 12" 1 Ea. $54.00 $54.00 38. 864 x 12'x 12" 1 Ea. $54.00 $54.00 39. 90" x 12"x 12" 1 Ea. $54.00 $54.00 40. 102' x 12" x 12' #Ea� $54.00 $54.00 41 118'x 12"x 12' 1 Ea. $54.00 $54.00 42. 120'x 12* x 12' 1 E --S. $54.00 $54.00 43. 122'x 12"x 12" 1 Ea. $54.00 $54.00 44. Replace Damaged Filter Liner 41 Ea. $40.00 $40.00 45. Replace Damaged Catch Basin Filtration Devices 1 Ea. $56.00 $56.00 * Unit prices shall include all labor, materials, equipment, overhead and profit and no additional compensation will be allowed. I The undersigned understands that the foregoing quantities are approximate only, being given as a basis for the comparison of proposals and the City of Tustin does not, 4 expressly or by implication, agree that the actual amount of work w jil I correspon, therewith, but reserves the right to increase or decrease the amount of any class Or portion of the work or to omit Portions &I the uvork as may be deemed necessary or advisable and in the best interests oil the Chry by the Engineer, W I The names of all persons interested in the foregoing Proposal as pdncipals are F,,S follows: Business Address 1188 Lske Drive Rialto CA 92376 M Contractor shall list the name and address of the place of business of each subcontractor required to be listed by the provisions. in Section 2-3 "Subcontractor of the Standard Specifications to whom the Contractor proposes to subcontract portions of the work, LIST OF SUBCONT RACTORS M I QU �ALIFIQATIQN aTATEMENT The Undersigned certifies under oath the truth and correctnessOf all statements and of all answers to questions made hereinafter (affach additional paper 'as needed). SUBMITTED BY- Rafael Padilla, Chief Executive Officer CORPORATION NAME: West Coast Storm, Inc. PARTNERSHIP ADDRESS: 1188 Lelske Drive, Rialto, CA 92376 INDIVIDUAL PRINCIPAL OFFICE: 1188 Leis ke Dr CA 92376 OTHER Contractor must submit a list of five (5) referencess in the Southern California area that Indicate he/she has successfully completed (within the last three years) or is presently engaged in similar type of work, that are at least of equal size and scope. SEE ATTACHED. Name of Claimant Amount of Claim Nature of Claim Final Status of Claim M 11� A. Under what other or f6 name(s) has your organization doine business? Southwest Janitorial Sery ces, Inc. D. Vice-president's narne(s): N/A k Date of Organization. & Name and address of all partners (State whether general or limitec" partnerships): 7. If other than a corporation or partnership, describe organization and name principals: N/A & List states and categories in which your organization is legally qualified to do business. Indicate registration or license numbers if applicable, List states in which partner ship or trade name is filed. Federal: -DOT PHMSA HAZAROUD MATERIALS CERTIFICATION: 052511 700 004 "V -DOT FMCSA US DOT: 1592609 -DOT FMCSA US CARRIER, MG -589261-P -EPA ID: CAR000220558 State of California: -CA CONTRACTOR LICENSE WITH HAZARDOUS SUBSTANCES REMOVAL: 888152 -DMV MOTOR CARRIER PERMIT: 344617 -CHP HAZARDOUS MATIERALS TRANSPORTATION LICENSE: 137355 -DISC HAZARDOUS WASTE TRANSPORTER: 4923 B-8 I I 9n Describe the wore n forces: 4 -HR Spill Response, Liquid Solid Waste Transpo rgrottnd utility Location (Potholing), Catch Basin Cleaning,PracticesAbove & Underground 'Storage Tank Cleaning and/or Removal, Traffic Control (Street & Highway), Catch Basin & Curb Inlet Trash lCapture Devices, Culvert Cleaning, Clarifier Maintenance, Site Remediation, Lab Packing, Drum Hauling nd Disposal, Industrial Vacuum Tankers, Industrial Vacuum Trucks, Industrial Hydro-Jetters, Roll -Off ruckin & Sins, 40 -HR lAZWOPER Teams M Have you ever ai e to comp to any wo I award to you. so, note w en, where and why: No. 11Within the last five (5) years, has any officer or partner of your organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation. No. 12. QUALITY CONTROL W 14, PERSONNEL A. Number of employees committed to Catch Basin Insert Cleaning and Maintenance Operations 4 Employees B. List total number of employees to be assigned to this contract, I Project Manager, I Project Assistant, 2 Supervisors, 2 Technicians C. Who will be the Contractor's Representative with the City? CONTRACTORS—NAME-- West Coast Storm, Inc. Im State of California ~ County of me (insert name & title of the office personally appeared who proved tomeonthe basis ofsatisfactory evidence \obeporoon��whose name(o�is/�esubscribed tuthe within instrument and acknowledged tumethat hel&n�/a�yexecutad1he u` ' e in his&er/1,1+e�r au|hohzedoapucity4y!�) and that by his/he;A�akaiQnaturo(,�onthe instrument the peeon��. or the entity upoo behalf o/which the pemonf��'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true WITNESS my hand and official seal W. NELSON COMM. #1961048 1 Signature CAJ NOTARY PUBLIC My Comm. Explm Nov, 19, Inc.West Coast Storm, REFERENCES ... DUE aE DAA, E .rte 12/12/2011 1188 Lelske Drilive, Rialto, 92376 Phone 909.890,57-00 Fax 909.421,1700 Web- www,wcstorm.net Maintenance Servioces DUE aE DAA, E .rte 12/12/2011 1188 Lelske Drilive, Rialto, 92376 Phone 909.890,57-00 Fax 909.421,1700 Web- www,wcstorm.net General o n a c t" o : No, o 88811_55,2 > A . _ _ ,.Z C y .- 7 L r rye . s I ('-'E S F 0 R CITY OF TSU STIN ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES Projects® Drain Inlet Facilities Cleaning Project Locations: Various Locations within the Counties of Los Angeles and Ventura When the Projects Occurred: 1. Contract Number: 072302 Contract Term: 09/22/2008 to 09/21/2010 2. Contract Number: 07A2800 Contract Term: 11/15/2010 to 11/14/2012 3. Contract Number: 07A2801 Contract Term: 01/10/2011 to 01/07/2013 Contract Amounts: 1. $2,303,340M 2. $1,699,975.00 1 $2,654,540.00 Page 2 of 9 1111111 E'38' Leiske Drive, Rialto, CA 92376 Phanne 909,890.5700 Fax 909,421,1700 Web-, www.wcsto-rn,,net GenerM A/rAZ IL"ontractor License No. 888152 California Dept,. of General Serr icesSmall, Business Certification No, 59890 Page 2 of 9 V, V we�a Cugayt S�"'�rnn' -1 1 REFERENCCES FOR CITY OF TUSTIN ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES Contract Amounts: 1. $775,947.90 2. $1,268,084.00 Description of Project Activities: Drainage structure cleaning, pump house inspection, testing, and cleaning, multiple and single lane closure traffic control in the County of Orange. Drainage facility inspections of storm drain inlets, drop inlets, catch basins, storm drains and channels. Clean drainage facility by vacuum equipment capable of 4800-7500 CFM. Cleaning drainage facility culvert pipes and ditches, confined space, standing water removal, inspection and sampling of pump houses, cleaning pump house chambers and pits, laboratory vvork, transportation and disposal, dewatering treatment, multiple and single lane closure traffic control. West Coast Storm, Inc. (WCS) as contractor conducts drain cleaning operations according to the following procedures: A. Drainage Facility Inspection: measuremenA of depth, description of sediment, condition of facility, surface dimensions, and location recorded onto proper form. B. Cleaning of various drainage facilities: removal of sedinients, debris, standing water, confined space entry, vacuum truck, operations. 1,88 Leis Drive, Rialto, CA 92376 Phone 909.890.5 Ji, 00 Fax 909.42`1,1700 Web: www,.wcsto'rm,net Contractor License No, 888152 General, A/HAZ Ca"'Ifornia Dept, of General Services SmaHll Business Certification No. 59890 Page 3 of 9 CITY OF TUSTIN ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES C. Inspection and Sampling of Pump Houses. Pump House Chamber and Pit Clewning. confined Name, Telephone, Company/Agency, Address: Contact: Mark Sabelis T'Fo—ne: T7b-UTT=- 27U City of Oceanside 4927 Oceanside Blvd. Oceanside, CA Project: 700000731: City of Oceanside Annual Citywide Storm Drain Facility Inspection and Cleaning Program Project Location® Various Locations within the City of Oceanside When the Project Occurred. Contract Term: 07/01/2010-09/30/2012 Contract Amount: $120,975.00 Description of Project Activities: Inspection and cleaning of all trash and debris from over 3,500 various storm water catch basins, curb inlets, and curb outlet structures within the City o Oceanside. Work includes but not limited to: A. West Coast Storm, Inc. (WCS) maps the area of locations provided by the City of Oceansi�i (CITY) in order to arrange cleaning operations according to their criteria. B. All catch basins, curb inlets and/or curb outlet structures within the City of Oceanside right or -ways are inspected and cleaned annually by utilizing an Industrial Vacuum Tank Truck, i.e. Va_.tor, Supersucker, etc. I C. Inspections are conducted visually and completed on an inspection sheet identifying all pertinent information: location, damage, debris quantity, marking for cleaning. D. Traffic control complies with the latest editions of the Standard Specifications for Public Works Construction and the Caltrans specifications. E. Implementation, administration and maintaining a permitting confined space program in accordance with Sections 5156, 5157 of Title 8 CCR. All work is carried out in a safe and efficient manner and comply with the latest CAL OSHA rules and regulations. I ' I v - AL -1 1,3 81 L e, is k e D r iv e, R i al, t o, C A 9 2 3 7 6 Phone 909,890.5700 Fax 909.421.2700 Web: www,,wcstorm.net General A/HAZ Contract -or License No. 888152 Calliforn"I'a Dept, of General Services Smaz11111 Busin eesCert -Ifiication No,. !39890 ti. - Page 4 of 9 ZZ J w. [C'3 RIFERVE'NCILS FOR CITY OF TUSTIN ANNUAL CATCH BASIN IINSERT CLEANING AND MAINTENANCE SERVICES F. All necessary traps control, confined space, cleaning and inspection procedures are carried out legally and safely. G. Captured residential waste will be kept separate from captured Industrial and Commercials sites. H. After analytical is taken, the waste will be transported and disposed of at an approved disposal facility. I. Storm drain markers are placed on all storm drains, catch basins and curb inlets. J. All work is documented on Storm Water Inspection and Cleaning Forms. Project: Annual Citywide Storm Drain Facility Cleaning Project Location: Various Locations within the City of South Pasadena When the Project Occurred: Annual Basis Contract Amount: $9,000-00 Description of Project Activities: Inspection of and cleaning of all trash and debris from 140 various storm water catch basins, curb inlets, and curb outlet structures within the City of South Pasadena. Work included: A. West Coast Storm, Inc. (WCS) map the area of locations provided by the City of Couth Pasadena (CITY) in order to arrange cleaning operations according to their criteria. B. All catch basins, curb inlets and/or curb outlet structures, and five feet into connector pipes within the City right -or -ways cleaned utilizing an Industrial Vacuum Tank Truck, i.e. Vactor, Supe'rsucker, etc. C. Inspections are conducted visually and completed on an inspection sheet identifying all pertinent information: location, damage, debris quantity, marking for cleaning. D. Traffic control complies with the latest editions of the Standard Specifications for Public Works Construction and the Caltrans specifications. E. Implementation, administration and maintaining permitted confined space program in accordance with Sections 5156, 5157 of Title 8 CCR. All work is carried out in a safe and efficient manner and comply with the latest CAL OSHA rules and regulations. F. All necessary traffic control, cleaning and inspection procedures are carried out legally and safely. G, All captured debris and sediment from cleaning operations is sampled, analyzed, transported and disposed of at an approved disposal facility. Leiske Drive,, Rialto, CA 92376 1188 cax 909.41-21.-11700 Web: www-, cstorm,net Phone 909.890.,5700 AfHAZ C('--'ontractor License No, 888152 General' Cerltif !cation No. 59890 Cali,."or-ia Deipit— of General, Services Small Bus. ness PaD:-,e 5 of 9 � REFERENCES FOR :7S CITY T AUSTIN ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES Telephone, Company/Agency, Address: eta b adi Phone: () 786-9411 County of Los Angeles 900 S. Fremont, 8th Floor drainAlhambra, CA Description of Project Activities (All 3 Contracts): Storm Drain Best Management Practices (BMPs) implementation, field inspection and measuring of every catch basin including measuring of interior and exteriors, reporting on drain conditions, photographic documentation, every disposedappropriate forms. Each drain was cleaned and debris properly measurements for the custom fabrication of units per specific site needs and work includes the installation of units according to standards set forth in contract, traffic control and confined space entry permitting conducted for each site. Inspection summary reports provided. 1188 Leiske Drive, Rialto, CA 92376 Phone 909.890,5700 Fax 909,421,1"-"00 Web., www.wcstorm.net General f Contractor e No. 888152 .; a ,. 5 v ....-. e. _ Y n . California of General Small B_w er cation K ✓ 59890 v -+to- resfces wLa5v , z . . Page p REFERENCES FOR CITY OF TUSTIN ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES Project® Furnish and Install Catch Basin Opening Screen Covers Project Location: Various Locations within the City of ,os Angeles When the Project Occurred- Contract Term- 06/01/2008 to 12/31/2011 Contract Amount, $42,000,000 Description of Project Activities- Work Performed by WCS: Storm Drain Best Management Practices (BMPs) implementation, field inspection of over 50,000 drains in assigned areas, every drain inspected and conditions are reported on a daily and end -of -project summary basis, installable drains are measured and units custom fabricated per specific site needs, traffic control and confined space entry permitting conducted for each site. To date, we have manufactured and installed over 46,000 Automatic Retractable Screen (ARS) devices in approximately 22,000 drains. Work under this project continues on schedule. Project: Machado Lake Drainage Catch Basin Pipe Screen 'Installation Project - Phases 1 &2 Project Location: Various Locations within the City of Rancho Palos Verdes When the Project Occurred: Contract Tenn: 10/07/2010-03/01/2011 Contract Amount: $19,400.00 Description of Project Activities. drain cleaning, measuring, manufacturing and installation of 65 Connector Pipe Screen (CPS) devices, daily reporting, inspection coordination, photographic documentation 1188 Leiske Drive, Rialto, CA 92376 Fa 909,421.1700 Web: wwwwcstormFnet Phone 909.890�,5700 x I - d General A/HAZ Contractor License No. 888152 Certificattion No- 59890 Dept. of General Services Small, Business Californ.11-a Page 7 of 9 M REFEERENCES CITY OF TUSTIN ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SER `IC S Name, Telephone, puny/Agency, Address: 3 Contact: Bryan Heath Phone. (909) 22-2664 Cit. of Los Angeles World Airport, Ontario late atiorral Airport 2132 Past Avion Street Ontario, CA 91761 Project- ect- flat dous Waste Disposal Services for the Ontario International Airport (ONT) Project Location: Ontario International Airport ( T When the Project Occurred. Contract Term: 03/28121108 to Present Project Subject atter: Hazardous Waste Disposal Services Description f ProjectActivities: Work- Performed by o Testing, packaging, pick-ups transportation, and disposal of regulated hazardous wastes. Materials are packaged, picked -up, transported and disposed of at an nviro e tall Protection Agency (EPA) approved disposal facility. All required manifests and complete docurritenta i n, disposal, and recycling certificates are provided. Hazardous waste is transported directly to a fuller permitted facility in compliance with all state and federal regulations for disposal, recycling, or incineration. WCS complies with all state, federal, and any regulatory agency licensing requirements for the treatment, disposal, and transportation of hazardous us waaste. Work includes but not limited to; A. Pump out septic tank waste sewage and properly dispose of at a bio -hazardous waste site B. Monthly rental of one each five (5) yard rolloff bin C. Delivery sof lined big, pick-up, and transportation of roll -off bins to an approved, treatment or disposal facility for disposals jet fuel contaminated absorbent, non Resource Conservation d Recovery Act (RCRA) hazardous waste D. 55m allow drums exchange to transport waste containing of the following: liquid paint, part solvents, and other paint related waste to a approved, treatment or disposal facility for disposal E. 55 -gallon drums exchange to transport waste containing any of the follo ring: waste products generated as a result of the rubber removal operation performed at the Ontario International Airport runways and taxiways to a approved, treatment or disposal facility for disposal P. Pump and rinse clarifiers and transport to an approved, recycling or disposal facility for disposal G. Pump and ruse clarifiers contaminated with degreaser, petroleum products and solvents and transport to an approved treatment or disposal facility for disposal H. Pump and rinse grease interceptor, (kitchen greased and transport to an approved treatment or disposal facility for disposal I. Purnp four runway clarifiers (30 ft. in depth, up to 15,000 gallon capacity) and transport to an approved recycle or disposal facility for disposal Purnp four ninway clarifiers (30 ft. in depth., up to 15,000 gallon capacity) and transport to an approved treatment disposal facility,, for disposal 1,11.138 Leiske Drive, Rialto,, CA 92376 Phone 0-09-,890,5700 Fax 909.4231,1700 Web: www,wcs-ll'arm.net General AlHAI-1 Contractor Ll"Icense No,, 888152 California Dept. of General Services Small Business Cert-Ification No, 59890 Page 8 F REFERENCES h O R CITE' OF TUSTIN ANNUAL CATCH BASIN IRT -CLEANING D MAINTENANCE SERVICES K. Pick-up drams containing bio -hazardous waste containing blood,1eces, vomit, contaminated custodial supplies, first aid, and gloves and transport to an approved disposal facility for disposal Disposal of 5 gallon and 55 gallon containers containing hypodermic needles M. 55 -gallon d ig s containing waste aerosol cans, transport and disposal at an approved treatment or disposal facility N. fluorescent lamps, high intensity discharge (HID) ) la _ps, fluorescent and HID ballasts transportation and disposal at ars approved treatment or disposal facilit=y . Industrial. type lead acid and gel cell battery transportation and disposal at ars approved treatment or recycling facility 11-88 L0ske Drive, Rialto, CIA 92376 Dhone 909. 890,5700 a r M rvcsto .net General A104AZ Contractor California Dept, o General Services Smy.E. Business 'I.4 "559890 Page 9 9 ..,:..,.< ww<_.cati.,,a.. x o _,. Please answer the following questions in detail, using additional paper as necessary: a. What makes your company the best company for this job? b. What type of in-house training do you provide for your staff? 8 -Hour Hazardous Waste Operations Refresher training in accordance with 29 CFR 1910.120. 8CCR 5192/5194. First Responders Awareness training in accordance with 29 CFR 1910.120. 8CCR 5192. Permitted Confined Space Entry training in accordance with 29 CFR 1910.146. SCCR 5156-5158, Traffic Control training in accordance to the Manual on Uniform Traffic Control Devices (MUTCD) and the Work Area Traffic Controls Handbook (WATCH). c. Who is responsible for training the Catch Basin Insert & Cleaning Maintenance workers and what type of training is provided and at what intervals? Rod Buck is the trainer. Training occurs on an annual and as needed basis. d. What is the address of the flacifity from which work crews will be assigned? e. What communication system do you use to communicate between fieldl, and office? f. Are you able to provide quick emergency responses? And How? Yes. West Coast Storm, Inc. is a 24 -Hour Emergency Response Company and is ready to work at all times. g. Can your insurance and sureties broker provide you with the required rating and coverage? Yes. Current Ratings for Insurance Companies: Liability and Umbrella: Endurance American Specialty Ins. Co.: A (Excellent) Rating and Class XV Automobile Liability: Arch Insurance Group: A (Excellent) Rating and Class XV Worker's Compensation: CastlePoint Insurance Co.: A- (Excellent) Rating and Class X HE WestCoastStorm, Inc. _.xwW t _P r a., ..,_ s„-: E as "..'s r .a .,,-,,M e x -i t — i S0 hu .. _.i Additional Infi-ormation ME DATE.-- for CTu: 1 » .20 o rin Phone t 0 Fax 0 9_ DUE TIM E ,: . O...o'er' PM.. � ,P ,� ,�: ,. > i � 5 x .., ,�, General i Contractor License 888152 -. o- �'. , _ r �.�.. .,,,:_ w Servillces California r. w General Services Small ME DATE.-- 1 20 1 1 » .20 ..? 92376 Phone t 0 Fax 0 9_ DUE TIM E ,: . O...o'er' PM.. .c .m , ...0 e m k ,e.. Drive, x Rialto-. c..c ..? 92376 Phone t 0 Fax 0 9_ � ,P ,� ,�: ,. > i � 5 x .., ,�, General i Contractor License 888152 -. o- �'. , _ r �.�.. .,,,:_ ✓" California General Services Small .w pts, of a .._; = n a.. s k dab U e a , cation No, 59890 Page I of 6 s QUALIFICATION STATEMENT 12. QUALITY CGINITROL ADDI-HONA111- INFOR"VIIIATION FOR CITY OF TUSTIN ANNUAL CATCH BASIN MERT CLEANING AND MAINTENANCE SERVICES What is your cornpany's plan to insure compliance with the contract specifications and insure quality vvork? FAMM= West Coast Storm, Inc. (WCS) will ensure all services are performed in accordance with the contract specifications and requirements set forth by the City of Tustin. In order to provide the City with reliable service and timely contract perfonnance, WCS will implement the following POLICIES AND PROCEDURES. Quality Control Protocol is planned throughout the operations of the Pro;ect. Key personnel are responsible for addressing proper time management work performance and safety, and prompt issue correction. The Project Manager (PM) is responsible for checking all work performed, ensuring thorough cleaning, condition reporting is accurate, unit(s) functions as reported, and no debris or tools are abandoned at the worksite. PM reviews all paperwork and reporting will be checked with the Supervisor (SUP) to address questions, if any. All photographic documentation is surrendered to the PM via emory card tran stere the PM will exchange unused memory cards with SUP to m prevent loss. PM will verify all photographic documentation is captured accurately and issue correction requests as needed to enable error correction quickly. Project Manager is assigned to offer daily field support, conducting random site visits verify worksites are properly, staged, all safety procedures are followed, equipment is handled correctly, and proper equipment is utilized. PM is mobile field support assigned to address upexpected equipment failure, provide replacement equipment or problem solving. PM quickly responds to address issues that may arise. Project Manager will address City necdsand- awo-cm-1--1 -, 4 ensure quick resolution. PM will meet with crews to address corrective measures, answer questions, and follow-up on any issues. T_ -1 , 'A 1 -11 - su* I 'rC'Vv' , 1,—, — 4�SPIJI_l C_ 17' ldllCe �Uld Must Verify all procedures are carried out in a safe and satisfactory mariner. Reports must be filled out accurpately and will be turned in daily ensuring no loss of paperwork, accurate reporting of 'I S ;P at and work.performn-ed onsite. Tailoate/Saf�et),Meetin�s will beconducted by the U cordi the start of every work day to discuss any Joli-related risks. JIM Lelske Drive, Rialto, CA 92376 909.890.5700 Fax 909,421.1700 Web-- www,.wcstormnet Phone GeneraAZ Contracto!- License No. 888152 CalilfornOa Depzt, General Services Sn-taH Business Certification No. 59890 of Page 2 6 of 't o4 ow�d S--'o"rna, lv'w, ADD-111TIONAL INFORMATION FOR CITY OF TUSTIN ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES All manifests are turned in directly to Dispatch for proper processing. All captured debris will be off-loaded into roll -off bins at the end of every day. Memory card exchange of photographic documentation will 'take place daily. PM mill store all cards in separate., clearly marked containers to ensure no error in handling of the data. All photos will be categorically sorted and saved on the computer with system proper back-up to ensure no loss of files. Upon transferring data, all cards will be erased of photos to prevent overriding and confusion of sites. INSPECTION FUNDAMENTALS. PM must verify all work is completed to contract requirements and stringent documentation aids in the process. Any issue must be documented and tracked to ensure issues are addressed. Every catch basin will be inspected including the inserted units, interior and exterior areas. Function tests wl ill be performed on all applicable inserts. Quality Standards for the PM follows strict guidelines of documentation and prompt issue resolution. The PM is responsible for ensuring the Crews under his supervision are meeting Z) goals, practicing safe work practices, and can correct issues, if any arise. Catch Basin interior and exterior is not to have any debris or sediment left after cleaning operations are conducted. To verify Report Inspections, PM will ask the following questions: Visual Inspection of exterior catch basin area. • Is it clear of all debris and sediment? Are there any areas that need to be cleaned on the screen, its comers, plates, etc.? • Does anything look out of place or missing? Any foreign material/objects left behind from Crew? ® Check inserted unit fanction, is it in the condition as reported? • Are catch basin conditions accurately reported, i.e. concrete, damage? Visual Inspection of interior catch basin area. Is it clear of all debris and sediment? Anything out of place or missing? Any foreign material/objects left behind from Crew? Is condition of inserted unit as reported? Check inserted it function, does it work properly? Are catch. basin conditions accurately reported, i.e. concrete, damage? Insert function tests will include inspecting unit for cleanliness, ensuring pulleys, parts, and buckets are cleaned, not missing, not broken or altered. ARS must have a functioning retracting system in order to pass inspection, if anything is otherwise, it must be reported. Dtain,Pae units will be checked for cleanliness, basket damage, frame damage., and missing parts. Any issues must be reported. ,1,�388 Le"ske Dri've, Riaito, CA 92376 Fax 909., 42 11, 1" 700 We www.wcstoormnet Phone 909,890,5700 Contractor License No, 888152 General A/HAZ Services SmaH Business Certilfication No,, 5989C) California Dept. of Cieneral Page 3 of 6 -- -1 -Alm, lamn, 17i-- S19, WaRNMEMENNORM 0-mst Moran, All'301T IONAL INFORMATION FOR CITY OF TUSHIN ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICE QUESTIONNAIRE a. What makes your company the best company for the job? WMq= WCS provides quality and dependable service for both small and large-scale projects targeting storm water and/or environmental issues. What sets us apart ftom the rest is we understand the importance of meeting Clean Water Act standards, Califomia Regional Water Quality Control Board and EPA regulations. WCS is a fully licensed, General A Engineering Contractor with a Certification in Hazardous Substances Removal and an approved CA Dept. of General Services Small Business. Drain cleaning, catch basin cleaning, and Best Management Practice device implementation and maintenance are a central business for the Company. WCS has served as Prime Contractor in recent years completing CPS/ARS installation and cleaning/maintenance projects efficiently and on time. CICS understands the measures and means to fulfill the requirements of this project. Ef flicient prqject operation requires meeting core deadlines and progress reporting executed with professionalism and stringent, quality control measures. Assignment tracking and clear, consistent communication between Contractor and Agency personnel is essential for successful contract performance. WCS installs BMP devices throughout the United States, and routine device inspection and maintenance protocol is no exception for dependable operation. CICS offers the City of Tustin a direct resource for Catch Basin Insert Cleaning and Maintenance solutions with the capability designing and manufacturing any solution for catch basin trash capture. Manufacturing, Installation, and Maintenance services "under one roof' provides the necessary experience and maintenance knowledge for optimized inserted device functioning and performance. WCS comprises over 40 years of waste remediation and transportation experience and storin -ent fro cleanin , disposal, tre�tment, to Best Managerr water industry service experience f 9 Practice (BMP) device manufacturing and program implementation. WCS concentrates on providing effective storm -water and environmental services and solutions serving state and local agencies as well as small and large business clientele. All of West Coast Storm, Inc. Operations Personnel are Fully Trained in Hazardous Materials Handling and Transportation. Each employee possesses the followingminimmun requirements: - 40 -Hour Hazardous Waste Operations Emergency Response (HAZWOPER: Hazardous Waste Operations and Emergency Response) training in accordance with 29 CFR (Code of Federal Regulations) 1910.120. - 8 -Hour Hazardous Waste Operations Refresher training in accordance with 29 CFR 1910.120. 8CCR 5192/5194. 101 1111A-81 Leiske Drive, Rialto,, CA 92376 909,,890.5700 Fax 909.42I.-AL700 Web- www.wcstorm,net Phone , A/HAiZ Contractor L'icense No. 888152 General Dept. General Serviices Small. Business Certification No, 59890 CaHfornia of Page 4 o--/ 6 k0i v','t A" o-Isf, Sofpnm' lm"% ADDITIONAL INFORPOATION FOR CITY OF TUSTIN ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES - First Responders Awareness training in accordance with 29 CFR 1910.120. 8CC1 5192, - Perinitted Confined Space Entry training in accordance with 29 CFR 1910.146. 8CCR 5156-5158, - Traffic Control training in accordance to the Manual on U-miforro-Traffic Control Devices (NMUTCD) and the Work Area Traffic Controls Handbook (WATCH) In Addition, Every Employee of West Coast Storm, Inc. is enrolled in the Department of Motor Vehicles Employee Pull Notice (EPN) Program as well as a Department of Transportation (DOT) Approved Random Drug and Alcohol Testing Program. All Commercial Drivers are Licensed and Examined According to Federal Motor Carrier Safety Regulations 49 CFR 391.41-- 3 1. 9. 91.41-391.49. and DOT Trained According to 49CFR 172,704 and HM 181/126F/215. Training Certificates are on file and are available upon request. Our Best Management Practices (BMPs) products are used by cities and counties required to meet the Calif is Regional Water Quality Control Board's Total Maximum Daily Load (TMDL) requirements for full capture. The West Coast Storm. Connector Pipe Screen (CPS) device is an approved design by the Regional Water Quality Control Board and is designed to accommodate various catch basin layouts to prevent trash larger than 5 from entering into the storm drain laterals. The West Coast Storm Screen is an Automatic Retractable Screen (ARS) device custorn tailored to catch basin curb inlets to prevent trash from entering the catch basin during dry weather. WCS diverse background experience in various projects is corresponding to that called for by the RFP. WCS works with public and private entities for various BMP device installation projects and maintenance. Experience in municipal ARS &CPS projects includes catch basin cleaning, captured debris disposal, finding drain locations, measuring and compiling reports to municipalities on the status of drains measured, mimicipality purchase order process, manufacturing operations as soon as measurements are released, daily shipments, meeting site coordination to best accommodate installation areas, installations performed with proper traffic control measures and permitted confined space entry protocol, real-time dispatch reporting from field to SCS office, daily reports comprised and sent to the municipality upon QC, direct contact liaison relationships between project managers, office personnel, and municipalities. All operations for measuring, manufacturing and installation of BMP products are handled solely by WCS, no subcontractors are needed. Handling the job from the beginning demonstrates we are a straightforward, effective, and efficient way to do business. West Coast Storm, Inc. is presently a sole contractor for the City of Los Angeles ARS contract. WCS has successfully retrofitted 22,000 drains estimating over 46,000 units, to date. Similar product installations of Connector Pipe Screen and/or Automatic Retractable Screen projects include the County of Los Angeles, City of Rancho Palos Verdes, City of Anaheim, City of Beverly Hills, City of San Bernardino, City of Perris, City of Burlingame, City of Colina, City of Page 5 of 6 118 8 L e D r iv e, Rila I t o, C A 9 2 3 7 6 eiis'P( 909,890.57-00 Fax 909,421,1700 Web: www,.',,Acst0rm.net Phone A/IHAZ Contractor Llceinzse No. 88 8152 General _1 Sma,H Bltu'slness Certiificatlon No_ 59890 Calliffornia Dept, of Generaf Servkes Page 5 of 6 113- 1 WrI.I. ADDITIONAL '; FOR TY OF TU I ANNUAL L CTC ,SI !NSE 1 CLEANING AND MAINTENANCE SERVICES Oceanside, City of Pied Rivera, City f 'rorrra ee, City of Fort Worth (Texas p Richland County (South Carolina), and the State of Florida Department of Transportation. WCS understands the challenges to maintaining large areas through successful performance i various drainage facility cleaning contracts for Caltrans in several districts. Effective time management aid proper maintenance procedures are important to bridge the gap between imposed requirements and successful program implementation. TCS is here to assist our e€ientele well after the job is complete. WK`S is committed to protect our lard and waterways with the specialists, knowledgeable technicians, and great support staff needed to remain competitive and well informed in an ever-changing industry. Thank you for the oppoftunity to introduce West east Storm., inc. We look forward to eaming your trust as a City of Tustin preferred vendor. 11188 ., v ...- w v9 '. a Riaikto.as 92376 Phone c 3� a 909.421-1700 W w w w m n %w t ge .: >.a , -.s ,� s` .� wm , .a .. a . x.a ew c ,- , v...� :., -m .. .. General, / Contractor i c e e No, 888152 x ,. ., mm am .. -s Cas y u n Dept,, General ll Business C r t _ uax • a =.- n N1 e. r 59890 S a r a <},.mx..,. .:.. r p.. _ ..,. _. Page 6 of 6 11 NON -COLLUSION AFFIDAVIT TO THE CITY OF TUSSTIN: The undersigned in submifting this proposal for performing.. by contract, the work required by these bid documents, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in conneic�fion with this contract, Note: Non -Collusion Affidavit to be submitted with Proposal. Aftech proper notaf�,j acknowledgment for signature. of authorized pe-rson. (Use copy of blank f0ml provided in this section.) am State of California County of m -'i . On before me ..'- sSt'j (insert name & title of the officer) personally appearedq I x who proved to me on the basis of satisfactory evidence to be person,{ whose named isles subscribed to the within instrument and acknowledged to me that he/ms4ey executed the same in hlslreir authorized capacity), and that by hisl4w4tt r signature„ ] on the instrument the persop>¢ ), or the entity upon behalf of which the person acted, executed the instrument. underI certify + OF PERJURY underof - of •rnia that the foregoing paragraph and correct, Mile'1111161111mill, 11 WITNESS my • and official 4x RW. •'€ COMM #1961048 NOTARY PUBLIC CALIIFO�RMLA (Seal) My Comm. Expires Nov. 19, 2015 BA2 Loam 873334312 CONTRACTOR'S LICENSE DECLARATION (Business and Praffes-slons Code Section 7028.15) The undersigned declares that he or she is: Rafael Padilla, Chief Executive Officer of West Coast Storm, Inc. (Party making foregoing proposal) (hereinafteer the "'C"ontractor") 1 . Contractor's Contractors License Number is as fcilows: 888152 _.Classification: A with Hazardous Substances Removal Cert. Z The expiration date of Proposer's Contractor's License is December 31 -120 12 3, Contractor acknowledges that Section 7028.15(a) of the Business and Professions Code provides as follows: "it is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a Contractor within this stag without having a license therefor, except" as provided in the referenced section. Executed on December 8 ff2011 at THIS FORM MUST BE COMPLETED, SIGNED AND SUBMITTED WITH THE PROPOSAL in I ADDENDUM NO. I December 2, 2011 In evaluating the licenses as described by the Contractors State License Board, the C42 license is not applicable to the work defined in the bid documents in that there will not be system drainage structure construction. If the City of Tustin could elaborate further as to the need for this license it would be helpful in understanding this contract's requirements. A: The General A license is sufficient. The C42 license will not be necessary for this project. Q. Pages A-1 and D-5 Faithful Performance and Labor & Materials Bonds state each shall be in amount of $50,000, however, Page E-1 states the bond amount shall be 100% of the proposed fee, Please clarify Question List #3, ............ Question List #4: Q� Appendix 11 Exhibit "A" A. Remove Page 1 of Exhibit A and replace with Page 1 of Exhibit attached, Very truly yours, Alex Waite Environmental Compliance Specialist Receipt offfiet AoOepdurp is hereby acknowledged. Bidders Name: West Coast Storm, Inc. Date: 12/08/2011 ATTACHMENT 3 SECTION C CONTRACT AGREEMENT ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 This agreement, made and concluded, in triplicate, this _ day of 20—, between the City of Tustin, California, hereinafter called City, and West Coast Storm hereinafter called Contractor. ARTICLE I. Witnesseth, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed in the two bonds, bearing date with these presents and hereunto annexed, the Contractor agreed with City, at his own proper cost and expense, to do all the work and furnish all the materials necessary to complete in good workmanlike and substantial manner and to the satisfaction of the City, in accordance with the specifications entitled: ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 which said specifications are hereby specifically referred to and by such references made a part hereof. Said specifications are on file in the office of the City Engineer of the City of Tustin, California. ARTICLE 11. Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in the Agreement; and also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the 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 and for well and faithfully completing the work, and the whole thereof, in the manner and according to the specifications, and the requirements of the Engineer under them. C-1 PROPOSAL Im ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-16-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 CITY OF TUSTIN ITEM No. CONTRACT ITEM I DESCRIPTION APPROXIMATE QUANTITY UNIT PRICE TOTAL PRICE 1. 1 17" x 33" x 12" 1 Ea. $54.00 $54.00 2. 21 " x 12" x 12" 1 Ea. $54.00 $54.00 3. 23" x 23" x 12" 3 Ea. $54.00 $162.00 4. 24" x 38" x 12" 3 Ea. $54.00 $162.00 5. 25" x 34" x 12" 1 Ea. $54.00 $54.00 6. 27" x 12" x 12" 1 Ea. $54.00 $54.00 7. 30'x 12" x 12" 2 Ea. $54.00 $108.00 8. 34" x 12" x 12" 6 Ea. $54.00 $324.00 9. 36" x 12" x 12" 6 Ea. $54.00 $324.00 lo. 38" x 30" x 12" 2 Ea. $54.00 $108.00 11. 38" x 32" x 12" 1 Ea. $54.00 $54.00 12. 38" x 17" x 12" 1 Ea. $54.00 $54.00 13. 38" x 39" x 12" 2 Ea. $54.00 $108.00 14. 38" x 23" x 12" 1 Ea. $54.00 $54.00 15. 39" x 17" x 12" 1 Ea. $54.00 $54.00 16. 40" x 12" x 12" 10 Ea. $54.00 $540.00 17. 40" x 12" x 23" 1 Ea. $54.00 $54.00 18. 40" x 16" x 12" 1 Ea. $54.00 $54.00 19. 41' x 12"x 12" 93 Ea. $54.00 $5.022.00 20. 42" x 12" x 12" 17 Ea. $54.00 $918.00 21. 42" x 80" x 12" 1 Ea. $54.00 $54.00 22. 43" x 12" x 12" 1 Ea. $54.00 $54.00 23. 44" x 12" x 12" 1 Ea. $54.00 $54.00 L 24. 45" x 12" x 12" 44 Ea. $54.00 $2,376.00 C-2 M ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 CITY OF THSTIN C -2A ITEM NO. CONTRACT ITEM DESCRIPTION APPROXIMATE QUANTITY UNIT PRICE TOTAL PRICE 25. 48" x 12" x 12" 2 Ea. $54.00 $108.00 26. 56" x 12" x 12" 1 Ea. $54.00 $54.00 27, 58" x 12" x 12" 1 Ea. $54.00 $54.00 28. 60" x 12" x 12" 27 Ea. $54.00 $1,458.00 29. 60" x 40" x 12" 1 Ea. $54.00 $54.00 30. 63" x 12" x 12" 1 Ea. $54.00 $54.00 31. 66" x 12" x 12" 1 Ea. $54.00 $54.00 32. 72" x 12" x 12" 1 Ea. $54.00 $54.00 33. 80" x 12" x 12" 5 Ea. $54.00 $270.00 34. 82" x 12" x 12" 9 Ea. $54.00 $486.00 35, 83" x 12" x 12" 9 Ea. $54.00 $486.00 36. 84" x 12" x 12" 4 Ea. $54.00 $216.00 37. 85" x 12" x 12" 1 Ea. $54.00 $54.00 38. 86" x 12" x 12" 1 Ea. $54.00 $54.00 39. 90" x 12" x 12" 1 Ea. $54.00 $54.00 40. 102" x 12" x 12" 1 Ea. $54.00 $54.00 41. 118" x 12" x 12" 1 Ea. $54.00 $54.00 42. 120" x 12" x 12" 1 Ea. $54.00 $54.00 43. 122" x 12" x 12" 1 Ea. $54.00 $54.00 44. 315 11 Pa. $54.00 $594,00 45. 5. 5' 2 Ea. $54.00 $108.00 -46. 7 4 Ea. $54.00 $216,00 47, 10, 6 Ea. $54.00 $324.00 48. i 4' 15 Ea. $54.00 $810,00 49.217 9 Ea. $54.00 $486.00 50. 2 5 Ea. $54.00 $270 51. Replace Damaged Filter Liner1 Ea. $4000 . I $40�00 I C -2A 52. Replace Damaged Catch B�7 Filtration Devices 1 Ea. $56M $56.00 TOTAL BID PRICE BID ITEM NOS. 1 THROUGH 52 $17,484.00 * Unit prices shall include all labor, materials, equipment, overhead and profit and no additional compensation will be allowed. C-3 ARTICLE 111. City hereby promises and agrees with Contractor to employ and does hereby employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; 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. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the proposal of 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 V. 1. The City of Tustin has obtained from the Director of Industrial Relations the general prevailing rate of per them wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract and maintains copies thereof in the office of the Engineer. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. 2. The Contractor shall, as a penalty to the City of Tustin, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by Contractor or any subcontractor of Contractor) less than the prevailing rate as prescribed in the preceding paragraph for the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California. 3. Section 1773.5 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this contract. 4. Section 1777.5 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this contract if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more, or twenty (20) working days or more and under such circumstances, Contractor shall be fully responsible to ensure compliance with all the provisions of Labor Code §1777.5 for all apprenticeable occupations on the project. A Contractor or subcontractor who violates Section 1777.5 shall forfeit to the City of Tustin, as a civil penalty, the sum of Fifty Dollars ($50.00) for each calendar day of noncompliance. Notwithstanding Section 1727 of the Labor Code, upon receipt of a determination that a civil penalty has been imposed, the City of Tustin shall withhold the amount of the civil penalty from contract progress payments then due or to become due. Any funds withheld by the City of Tustin pursuant to this section shall be deposited in the General Fund of the City of Tustin. 5. The Contractor shall not employ, or allow work to be performed by a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code pertaining to debarment by the Labor Commissioner for violations of the Prevailing Wage Laws. C-4 6. In performance of this contract, not more than eight (8) hours shall constitute a day's work. The Contractor shall fully conform to Article 3, Chapter 1, Part 7, Division 2 (Sections 1810 et seq.) of the Labor Code of the State of California. Pursuant to the provisions of Section 1813 of the Labor Code of the State of California, the Contractor shall, as a penalty to the City of Tustin, forfeit twenty-five Dollars ($25.00) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Article 3 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the public work. 7. Contractor agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per them wages paid to each journeyman, apprentice or worker employed by him in connection with the public work, and agrees to insist that each of his subcontractors do the same. Contractor further agrees that his payroll records and those of his subcontractors shall be available to the employee or his representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code Section 1776, et seq., in general. 8. Contractor is also aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work of this contract. ARTICLE VI. In connection with the performance of this contract, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite. The Contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any and all employees at the worksite the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this section. The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor's agents or subcontractors against the City. C-5 ARTICLE VII. The Contractor shall indemnify and save harmless the City of Tustin and all officers and employees thereof from all claims, suits, or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person including, but not limited to, workers and the public, or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under the contract, or by or on account of any act or omission by the Contractor or his agents or a subcontractor or his agents or a third party during the progress of the work or at any time before its completion and final acceptance, or which might arise in connection with the agreed upon work or is caused by or happening in connection with the progress of said work, or on account of any passive or active negligent act or omission by the City of Tustin, its officers, employees and agents, save and except claims arising through the sole and exclusive negligence or sole and exclusive willful misconduct of the City of Tustin. The defense and indemnification by Contractor shall include all costs and expenditures including attorney's fees incurred by the City of Tustin or its employees, officers or agents with respect to such claim or suit and Contractor will, if requested by City of Tustin, defend any litigation arising out of such claims at the sole cost and expense of Contractor. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary in the sole discretion of the City of Tustin may be retained by the City until disposition has been made of such claims for damages as aforesaid. ARTICLE VIII. The Contractor shall take out and maintain during the life of the contract, commercial general liability, automobile liability and worker's compensation insurance. The amount of the commercial general liability and automobile insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: US91-0-0-0-00. The following endorsements must be indicated on all certificates of insurance: 1 The City of Tustin, its elective and appointive boards, officers, agents and employees named as additional insureds in the policy as to the work being performed under the contract; 2. The coverage is primary and no other insurance carried by the City of Tustin will be called upon to contribute to a loss under this coverage; 3. The policy covers blanket contractual liability; 4. The Policy limits or liability are provided on an occurrence basis; 5. The policy covers broad form property damage liability; C-6 6. The policy covers personal injury as well as bodily injury liability; 7. The policy covers explosion, collapse and underground hazards; 8. The policy covers products and completed operations; 9. The policy covers use of non -owned automobiles; and 10. The coverage shall not be cancelled or terminated altered unless thirty (30) days' written notice is first given to the City of Tustin. 11. Insurers shall be authorized to do business in the State by the Department of Insurance and shall meet the following qualifications: A.M. Best's Key Rating of Grade A and Class VII (seven) (if an Admitted Insurer), and Grade A- or better and Class X (ten) or better (if offered by a Surplus Line Broker), is acceptable. Workers' compensation insurance rated Grade B- or better and Class VII (seven) or better, or offered by the State Compensation Fund, is acceptable. 12. The worker's compensation and employer's liability insurance policies shall contain a waiver of subrogation in favor of the City. Contractor shall provide to the City within ten (10) working days after the date of notice of award of the contract evidence of the aforementioned insurance with insurer endorsements, which must meet the requirements of this Article. An Acord Certificate will be accepted solely as evidence of the name of the insurers and the amounts of insurance. Failure to comply with these requirements will result in annulment of the award, forfeiture of the proposal guarantee, and the City will pursue award to the next qualified responsive proposer. Contractor is advised that insurance requirements are non-negotiable and City will not consider waiving insurance requirements. There are no exceptions. ARTICLE IX Upon receipt of a claim or summons and complaint by the City Clerk relating to this Contract, the City Clerk shall provide written notice within five (5) working days to the Contractor of the claim or summons or complaint. For purposes of this section, notice to the Contractor may be via facsimile, messenger or by first class mail and addressed to: West Coast Storm 1188 S. Leiske Drive Rialto, CA 92376 Nothing herein obligates the City to provide notice of a claim or summons and complaint that does not clearly identify the Contractor. ARTICLE X Prior to one hundred fifty (150) calendar days before June 30, 2013 2-9-�, Contractor shall notify City in writing of its intent to renew the contract for an additional term of one (1) year to commence on July 1, 2013 24-1-2 and on the same C-7 AMENDED terms and conditions as prescrib- • • ontractoshall specify in writing. City shall, within thirty (30) days of receipt of such notice, advise Contractor in writing of its acceptance or rejection of such extension. The same provisions shall be applicable to each succeeding one (1) year term through the period ending June 30, 2016 as prescribed in Section D (Length of Contract). In Witness Whereof, the parties have hereunto set their hands and seals the year and date first above written. Date City Attorney zim Date City Engineer BY: Mayor of the City of Tustin ATTEST: City Clerk of the City of Tustin W 17 Bond No. K08350139 Amount $50,000.00 Premium $1,250.00 CITY OF TUSTIN PUBLIC CONTRACT FAITHFUL PERFORMANCE BONI KNOW ALL MEN BY THESE PRESENTS: That West Coast Storm, inc. f as and hereinafter referred to collectively as "Principal", and Westchester Fire Insurance C2Many a corporation organized and existing under the laws of the State of Pennsylva-ip and duly authorized to transact surety business in the State of California, as, and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Tustin hereinafter referred to as the "City", in the sum of $5o,000.00 ------- for payment of which Principal and Surety bind themselves, their heirs, administrators, successors and, assigns, jointly and severally as follows: WHEREAS, Principal has entered into a contract dated , 20 with City to do and perform the following, generally described work, which is more particularly described in said contract for the construction/maintenance of: ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE §ERVICES (ACCOUNT NUMBER 100-40-16-6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2015-2016 WHEREAS, all of such improvements are to be constructed/maintained and installed in accordance with the specifications described, referred to and incorporated in said contract; and WHEREAS, Principal shall commence and complete the construction/ maintenance and installation of such improvements as provided in said contract; NOW, THEREFORE, if Principal shall faithfully perform all agreements contained in the aforesaid contract, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements contained in the hereinabove described contract andall obligations, then this obligation shall remain in full force and effect. PROVIDED FURTHER HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be Performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and W PROVIDED FURTHER, that in case suit is brought upon this bond by the City or ?ny other person who may bring an action on this bond, a reasonable attorney's fee, to 'te fixed by the Court, shall be paid by Principal and Surety. IN WITNESS WHEREOF, Principal and Surety have caused these presents -tit, be duly signed and sealed this l7th day of February 2012 SURETY: Westchester Fire Insurance Company (NAME) (SEAL) BY' — ---- - Attorney -in -Fact BY: Shawn Blume Address of Surety: 436 Walnut Street APPROVED AS TO FORM: Philadelphia, PA 19106 City Attorney (SEAL) PRINCIPAL: West Coast Storm, Inc., Date City Engineer' - 1188 W. Leiske Drive Rialto, CA 92376 Note: Attach proper acknowledgment for both Surety & Principal, (Use copies of blank form provided in Section 8), M V Mt mm Al "Mill I Sill I to Me inat ne/•-the-same-in hi ir authorized capacitypol and that by his/,hej0er'slqnature( on t e!instnjtnenf the person Ot the entity upon behalf of which the perso r acted, executed the instrurnent. I I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct 6WA=jj='!:mt` 11 '14V %L1FORN1A ALL-PURPOSE ACKNOWLEDGMENT County of Oranize J, On z_l before me, Irene Luong, Notary Public Die Fere Insert Name and i itip of th e offce personally appeared Shawn Blume Name{s} at Sqne­r(—s)-------- Q Z "I'll N-l"Nol 1RENE LU Commission #1333838 Notary Public - Califomia zZ Orange County My Comm, Expires Mar 22, 2014 Place Notary Sew Above who proved to me on the basis of satisfactory evidence to be the person(i5) whose name(.$) is/are subscribed to the within instrument and acknowledged to me that he/sihe44ey executed the same in his/her*teir authorized capacity(i96), and that by hisfhefAf4eir signature(6) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness r hand/and offi0al seal. Signature &tjnature f Not tyPublic'. OPTIONAL Though the information below is not required by /avy, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another documenL Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Signer's Name:, Shawn Blume 7 Individual El Corporate Officer -- Tifie(s):_ Ej Partner— 0 Limited 0 Gencral Attorney in Fact ❑ Trustee Guardian or Conservator 0 Other: Signer Is Representing: Number of Pages: 11 Individual El Corporate Off icer — Title(s)-.— Lj Partner — 0 Limitedl-0 General ❑ Attorney in Fact Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: -7 Assocsajion - 9350 Do &-g,, 0_ Bo, 2,,,02 CA 91 3- Bond No. K08350139 Amount $ 50,000,00 Premium listed on verfornia=jmd— CITY OF TUSTIN PUBLIC CONTRACT LABOR AND MATERIALS PAYI KNOW ALL MEN BY THESE PRESENTS: That ' West Coast Storm, Inc._, as and hereinafter referred to collectively as "Principal", and Westchester Fire Insurance _C�an a corporation organized and existing under the laws of the State of Pennsylvania and duly authorized to transact surety business in the State of California, as and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Tustin hereinafter referred to as the "City", in the sum of sso,000.00 ------- for payment of which Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: WHEREAS, Principal has entered into a contract dated 20—, with the City to do and perform the following, generally described work, —which is more particularly described in said contract for the construction/maintenance of. ANNUAL. CATCH BASIN INSERT 9—LEANING AND MAINTENANCE SERVICES (ACCOUNT NUMBER 100-40-15.6227) FISCAL YEAR 2011-2012 THROUGH FISCAL YEAR 2016-2016 WHEREAS, Principal shallcommence and complete the construction/ maintenance and installation of such improvements provided in said contract; NOW THEREFORE, if Principal shall pay the Contractor, his subcontractor, ani all persons renting equipment or furnishing labor or materials to them for such improvements, for the full cost of such improvements and submit amounts due under the State Unemployment Insurance Act with respect to such labor, then this obligation shall be null and void, PROVIDED, HOWEVER, if Principal shall not pay the subcontractor and all persons renting equipment or furnishing labor or materials to them for such improvements for the full cost of such improvements, or if Principal fails to submit amounts due under the State Unemployment Insurance Act with respect to such labor, then Surety will pay for the same in an amount not exceeding the sum set forth above, which -amount shall inure to the benefit of all persons named in Civil Code section 3189. PROVIDED FURTHER, HOWEVER, that Surety stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and Lem PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person named in Civil Code section 3181 who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety. . IN WITNESS WHEREOF, Principal and Surety have caused these prfsents t* I - #,,e duly signed and sealed this 17th dav of February 20 2 SURETY:.Westchester Fire Insurance Company (NAME) (SEAL) Attorney -in -Fact BY: Shawn Blume Address of Surety: 436 Walnut Street APPROVED AS TO FORM: Philadelphia, PA 19106 City Attorney PRINCIPAL: West Coast Storm, Inc. BY: (SEAL) TITLE: Address of Principal: 1188 W. Leiske Drive APPROVED AS TO CONTENT: Rialto, CA 92376 City Engineer Date Note: Attach proper acknowledgments for both Surety & Principal, (Use copies of blank form provided in Section 8). ME Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract: I am aware of tne provisions of Section 3700 of the Labor Code which reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self - insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employee." CONTRACTOR: West Coast Storm, Inc. M TITLE- U CO ME 7TUNWRIMM570 ent ana acknowledged tome that he/. same - in his/�le(/t u0schbed capackyoftl, and that by �uswtt.� —,�. authorized ,heff'signatre bn the. instrume ?1r. , ___on(s� or the enti r i mon h-haff o which the perso cled, ekeclAed the instru erlt, gent I certify under PENALTy OF �ERJURY under the law$ of the true and correct State Of California that the foregoing Paragraph i WITNESS my hanond official seal. CINDY _E'S�R' ADA COMM- #1951892 W OtarY Public - Califomia !� Otar.V Publicf. $A BERMIRDINOCOUNTy4, #1951892 M M, Se 11, 2015 i 3.jj.T:U CALIFORNIA # E' t County of Orange On before me, Irene Luong, Notary Public Date Here Insert Name and Title of the Officer personally appeared Shawn Blume Name(s) of Signer(s) IRENE-LUONG . ommissi 1883838 M',fry trIl ti �Iffrai Place= Notary Seai Abovo who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hels4e4 rey executed the same in h s/her4heir authorized capacity(ies), and that by his/lief/their signature(&) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct,. Witnessrkl r hand at i offa�seal. Signature l t Signature of otar'y.Pubi=c =, Though the information below is not required by later it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, • r. Title or Type of Document: Document Gate: Signer(s) Other Than Named Above: .. • Shawn Blume Corporate Officer — Title(s):- 0 Partner -- ❑ Limited ❑ General IN Attorney in Fact Trustee 171 Guardian or Conservator Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer-- Title(s): ❑ Partner ---- ❑ Limited ❑ General ❑ Attorney in Pact ❑ Trustee ❑ Guardian or Conservator ■ Signer Is Representing: J 2Citi't Pa.`s so a: f drr',ary Ass s.ihcn. • -350 De S(X0 Aio- FG. Box 2402 C -ia*:;^ olff, CA 91313-2402 iturn -1590'1 Reorder: GaH ?'oFF.ree 1 -mi -876-6627 Power v T 'HIt? ER "IRE INSU C{ 1VI ANY Attorney know ail into by these presents: That WESTCHESTER FIRE INSURANCE C0RtPA v. a corporation ofthe- Commonwealth of Pennsylvania pursuant to the fallowing Resolution, adopted by the Board ofDirectors oftht said Company on Becem er 11, 20061 to wit: `RESOLVW, that the following autlonzalsms ratata to the esecutiori, for and on belalf orthe Co6t any, cif hands, moonakings; recognizanees, contracts and enhnr written comminalents of the C ompan+, entered lot* the ordairoy course of business (to Kin a'wtmet-x:'camfFutmwst: }` - { t} Each of the Chairman. the President and the Vice Presidents of the Company is hereby mithodxed to exeeuar any Warren Commitment for and on behalf of the Company, unda the seal of the C'ommamv or nthtruisa (2) Each duty oppointod ettorneg-en-face ofihe company is hereby artarr razed to eirreon, any Written Commitment for and on behalf ofthe Company, under the seal orthe Comp ny or otherwise, to The extent that suchecteonisaniltrrtzcdbytfie.);*r,`antofpatxei pmvidod'itizinsuchpersonsxriir+:nup�rt ormassuch utonsey=txi-fact (3) Each of the Chairman, the President and the Vitt Presidents of the Company is hereby: authorized, rot end on bad alf'of the Corti party, to appoint in s+rating any person the nhomey-m-fact of the Company with tall power and annually to exec me. for and on behalf oft udder the seal of Compam or otherwiso„such W nnen Campi?tmehts of the Company as mai be specified -in such written, appoii)tmerit, tvlrch`spocificaHornnray Ire 6y gecriafat typearcias; 7rf LVintaix Cominrfntentp. ar b5` xpeciftcatton oreruia or nwn par7itiilar Written commitments (A) Each of the Chairtnarr, thr President and Vice Presidents orthe Company in haraby au[horirtd, rot and on behaff of tha Company, to dishrime in x+ntmg any other Water of the Company the mmoniy us execute, f trand on behalf of the Campany, under the Company's seat or otherwise, such Written Comminn mb of the Company as are specified in such ivnion delegaborir, wh,cli spoaficanon may.. be hg gtur pi type at class :oflYttnan:Cominititiants nr by gptcihcslon ofotw m more Path tar wriaon C immiarearts {y} The signatu a sf any olneeror other person eeeeating say Written Cannurtaettt of apponameait or delaigatten pursa iso to this Rpsiiluuon seed the seat of the company, maybe, affixed by facemale on such Written Commament or written appointment or:dttegetion FUR'lTIER RESOLVED. that the foregoing Resolution shot not he ik am al to ba:aa exchance staremern of the powers and authuntJ of vlfxeers. anipiayaes and other persons rotor for and on behalf ur the Company, and such Resolution shall not hair Or otherwise af7eet the asacise fel any such power ox atuttiprin e,ihherat9st vandiy grautod'br vested Does hereby nominate, constitute and appoint lyric Lowey, Mark R chxrdsim i;Shawn Blume, Stephanie Hoang, all of the unity of COSTA MrSA, California, each individually if there be, more than one named, its true sand lawful aturtney-m-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, r ogni�auces, contracts and other rvritings in the nature thereof in penalties not exceeding Three mil hurt dollars & .era cents ($3,000,000,00) and the execution of such writings in pursuance ofthese presents shall be as binding upon said Company;As,fally and amply, as if they had been duly executed and acknowledged by the regularly elected officers 'of'the Company at its principal offices IN WITNESS WHEREOF, the said Stephen M. Haney, Vice -President, has hereunto si}bseribed his name ai daffixed the Corporate seal of the said WESTCHESTER FIRE INSURANCE COMPANY,this 25 day of August 2011 . WESTCIIIESTER FIRE INSURANCE COMPANY #t m, Blowy Vitt COMMONWEALTH Of PENNSYLVANIA COUNTY OF PHILADELPHIA ss, Oil this 25 day of August, AD? 2011 before nue, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came .Stephen M, Haney ,Vice -President of the WESTCHESTER FII E 1NSItI21NCEIQOMPANY`to me personally known to.be the.bahvidual and officer who executed the preceding instrument, and he acknowledged that he "denied the same, and that the seat affixed to the preceding instrument is the corporate seat of said Company; that the said corporate seal and his signature were duly affrifed by the authority and direction of the said corporation; and that, Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrometat, i5 now in force. INTESilPvtt7t Y WHEREOF, I have hereunto set my hand and affixed my ttf fioial seal at the City of Philadelphia the day and year first above written I 1, the undersigned Assistant Secretary of the iVESTCHE TER FIRE 1lSSVP ANCE COMPANY, do hereby:certify that the original POWER OF ATTORNEY, of which the foregoing is a substantially true and correct copy, is in full force and,effect. In witness whereof, I have here -unto subscribed my merle as Assistant Secretary; and affixed the corporate seal of the'Corporation, this i day of reor,. y 'e wt�;iter%, Katy. r+tsgi�it�l ` THIS C3 t"A OF A i"I'i RNlul MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER August 25; 2013 is THE BAtC"4t” OF rias DOCUMENT fi.RT5,, VAR "HIR gF9^.11626'PV FFATEtR;:C In Ysan.`r mita i nesn�r�r�r Aa-Afr,x�T i-rs;s� r•�;se r3ne:;�;� �x«, �a =rrr x�rzr�r.i