HomeMy WebLinkAboutDownstream Services Inc; 2018-11-27; PSA19-664UTILPSA19-664UTIL
City Attorney Approved Version 6/12/18
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AGREEMENT FOR CCTV CONDITION ASSESSMENT OF THE NAHI SEWER TRUNK LINE
DOWNSTREAM SERVICES, INC.
THIS AGREEMENT is made and entered into as of the ______________ day of
___________________, 2018, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and DOWNSTREAM SERVICES, INC., a California corporation,
("Contractor”).
RECITALS
City requires the professional services of a consultant that is experienced in sewer trunk
line condition assessment. Contractor has the necessary experience in providing these
professional services, has submitted a proposal to City and has affirmed its willingness and ability
to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
“Services”) that are defined in Exhibit “A”, attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of (25) twenty-five working days from the date first
above written.
3. COMPENSATION
The total fee payable for the Services to be performed are not to exceed ten thousand dollars
($10,000). No other compensation for the Services will be allowed except for items covered by
subsequent amendments to this Agreement. City reserves the right to withhold a ten percent
(10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.”
4. PREVAILING WAGE RATES
Any construction, alteration, demolition, repair, and maintenance work, including work performed
during design and preconstruction such as inspection and land surveying work, cumulatively
exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws.
The general prevailing rate of wages, for each craft or type of worker needed to execute the
contract, shall be those as determined by the Director of Industrial Relations pursuant to the
Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the
California Labor code, a current copy of applicable wage rates is on file in the office of the City
Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all
such workers employed by him or her in the execution of the Agreement. Contractor and any
subcontractors shall comply with Section 1776 of the California Labor Code, which generally
requires keeping accurate payroll records, verifying and certifying payroll records, and making
them available for inspection. Contractor shall require any subcontractors to comply with Section
1776.
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5. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
6. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorney’s
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City’s self-administered workers’
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
7. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII";
OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers
(LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-
admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest
quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each,
unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor
will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be named
as an additional insured on General Liability which shall provide primary coverage to the City. The
full limits available to the named insured shall also be available and applicable to the City as an
additional insured. Contractor will furnish certificates of insurance to the Contract Department,
with endorsements to City prior to City’s execution of this Agreement.
8. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City For Contractor
Name Don Wasko Name Robert Carr
Title Utilities Manager Title Project Manager
Department Public Works Address 2855 Progress Place
City of Carlsbad Escondido, CA 92029
Address 5950 El Camino Real
Phone
No. 760-975-5686
Carlsbad, CA 92008 Email RobertC@downstreamservices.com
Phone No. 760-438-2722 x7138
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Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
9. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all categories.
Yes No
10. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
11. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written notice
to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the services have been delivered in accordance with the Agreement.
12. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this
Agreement.
13. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
14. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become
due under it, without the prior written consent of City.
15. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will
be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
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16. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
DOWNSTREAM SERVICES, INC., a
California corporation
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here) Vicki V. Quiram, Utilities Director
Wilma Roberts, President
(print name/title)
By:
(sign here)
Wilma Roberts, Secretary
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A. Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
By:
Assistant City Attorney
DocuSign Envelope ID: B4A5EDDB-14C4-4066-A713-261AE6927E5A
PSA19-664UTIL
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EXHIBIT “A”
SCOPE OF SERVICES
Contractor to provide CCTV inspection for a 24” sewer trunk line +/- 4,000 ft. A three-man crew
and/or night work may be necessary if the amount of flow causes issues with the conventional
CCTV equipment.
No traffic control required. City will provide clear and unobstructed access. Confined space entries
are not anticipated.
A three man crew and/or night work may be necessary if the amount of flow causes issues with
the conventional CCTV equipment.
Any contingency work will be charged per the attached rate sheet.
5% increase on work performed between 5 p.m. and 5 a.m.
JOB QUOTATION
ITEM
NO.
UNIT UNIT
PRICE
QTY DESCRIPTION PRICE
1 Hourly $339 16 CCTV Crew & Equipment (4 hour minimum) $5,424
2 Hourly $108 16 Additional CCTV Assistant (4 hour minimum) $1,728
3 LS Contingency $2,848
TOTAL* $10,000
*Not to exceed
DocuSign Envelope ID: B4A5EDDB-14C4-4066-A713-261AE6927E5A
Rev. April 2017
Page 1 of 2
HOURLY EQUIPMENT AND LABOR RATES (PREVAILING WAGE)
Company:
Project Name:
Work Requested:
Contact:
Contract Number:
Phone:
Email/Fax: PO Number:
The following is a list of equipment and labor which may be necessary for this project. All equipment and
labor is scheduled for a FOUR (4) HOUR ONSITE MINIMUM. Any additional time required on the project
beyond the four (4) hour minimum will be charged at the quoted rate. Hours over eight (8) per day are paid
at overtime rates (regular rate as listed plus 35%) and hours over twelve (12) per day are paid at double time
rates (regular rate as listed plus 50%). Overtime rates apply to Saturday work and double time rates apply to
Sunday work.
These rates are based on State and Federal Prevailing Wages. If your project is Non‐Prevailing Wage please
contact our office for Regular/Non‐Prevailing Wage pricing.
State Prevailing Wage Federal Davis Bacon Federal SCA Prevailing Wage
Operated and Maintained Equipment:
Item 1 Camel 9 cubic yard Combo Jet/Vacuum Truck $244.00/hour
Item 2 800 Gallon Combo Catch Basin Cleaning Truck, #71, #75, and #77 $175.00/hour
Item 3 Super Jet Vacuum (150 gallons per minute), Truck #95 $269.00/hour
Item 4 DSI Skid Vacuum (fills 55 gallon drum), Truck #509 $169.00/hour
Item 5 Camel 5 cubic yard Combo Jet/Vacuum Truck, Truck #50 $231.00/hour
Item 6 Jetter Trailer (4,000 psi), #68 and #72 $162.00/hour
Item 7 CCTV Inspection Truck $231.00/hour
Item 8 Multi‐Tool Excavator 50,000 lbs $194.00/hour
Item 9 Multi‐Tool Excavator 20,000 lbs $163.00/hour
Item 10 Skid Steer $135.00/hour
Item 11 WA 250 Wheel Loader 3 cubic yard $156.00/hour
Item 12 Case 590‐L 4 x 4 Backhoe $148.00/hour
Item 13 Water Truck (2,500 gallons) $131.00/hour
Item 14 3 Axle Roll‐Off Truck $144.00/hour
Item 15 2 Axle “Flatbed” 3 Ton Knuckle Boom Crane, Truck #66 $138.00/hour
Item 16 3 Axle “Flatbed” 17 Ton Hydraulic Crane, Truck #62 $163.00/hour
Item 17 Traffic Control Truck with Arrow Board & 1 Technician
(includes 6 Signs and Cones) $156.00/hour
Item 18 4 Axle Pumper Truck (4,500 gallons), Truck #61 $180.00/hour
Item 19 Bucket Cleaning Machine [Pair] (3‐Man Crew) $450.00/hour
Item 20 Pull‐Plate System (3‐Man Crew) $450.00/hour
Non‐Operated Equipment:
Item 21 2‐inch Submersible Pump $75.00/day
Item 22 4‐inch Trash Pump $100.00/day
Item 23 Hydraulic Pump 4‐inch with Power Unit
Hydraulic Pump 6‐inch with Power Unit
$425.00/day
$525.00/day
Item 24 6‐inch Bypass Trailer System with Vacuum Assist Pump $750.00/day
CA Tax ID:
#80‐0011534
CA Contractors Lic:
807953
A, C31, Haz
Exp. 5/31/2018
DIR Public Works
Contractor No:
1000004632
CA HAZ Materials
Transportation Lic:
134172
U.S. Department of
Transportation HAZ
Materials Cert:
090916 550 085YA
U.S. EPA No:
#CAR000040808
U.S. Department of
Toxic Substances
Control HAZ Waste
Transporter No:
4481
EM‐385 40 Hour
Certified
OSHA 30 Hour
Certified
NASSCO Certified
CQM Certified
CSE and SCBA
Certified
Fall Protection
Certified
Traffic Control and
Flagger Certified
CPR and First Aid
Certified
DocuSign Envelope ID: B4A5EDDB-14C4-4066-A713-261AE6927E5A
Rev. April 2017
Page 2 of 2
HOURLY EQUIPMENT AND LABOR RATES (PREVAILING WAGE)
Non‐Operated Equipment Continued:
Item 25 Specialty Cleaning Nozzle (chain cutter, chain flail, etc.) $5.00/hour
Item 26 Hoses (example: 2‐inch x $0.25 = $0.50/in/ft/day) $0.25/in/ft/day
Item 27 16 cubic yard Dewatering Bin $70.00/day
Item 28 5,000 gallon Rinse Tank $30.00/day
Item 29 Pickup Truck $12.00/hour
Item 30 Tamper/Compactor $125.00/day
Item 31 SCBA Equipment (in use)* $28.00/hour
Labor:
Item 32 Offsite Project Manager $100.00/hour
Item 33 Foreman and Crew Truck $135.00/hour
Item 34 Instrumentation Technician (includes service vehicle and test
equipment) $128.00/hour
Item 35 Equipment Operator $125.00/hour
Item 36 Pipe Layer $110.00/hour
Item 37 Assistant $108.00/hour
Item 38 Traffic Control Technician $105.00/hour
To comply with state and federal laws, clients will be charged for travel time at the listed rates for Operated and
Maintained Equipment and Labor.
Delivery charges will apply to all heavy equipment, bins, tanks, transports, and specialty equipment. Prices will be
quoted on a per project basis.
Per Diem charges of $150.00/day per man may apply and will be charged to cover overnight stays.
All managed extra work will be billed at time and materials plus 20% overhead.
A 5% increase will apply to the above rates for work between 5 PM and 5 AM.
Confined Space Entry (Permit or Non‐Permit) Equipment Fee ‐ $450.00/day/unit.
*SCBA Equipment Fee ‐ $250.00/day/unit.
Emergency Response Call Out Fee ‐ $250.00/1‐2 Man Crew. An emergency is considered a spill response and shall
be charged at an increase of 35% of the above rates, travel to and from jobsite, and 20% overhead on cost of
materials and/or outside subcontractors and equipment rental.
Disposal Services ‐ Prices will be quoted on a per project basis.
Cancellation/Assumptions/Exclusions/Terms and Conditions ‐ DSI requires a twelve (12) hour cancellation notice.
Any cancellations received in less than twelve (12) hours will result in a $350.00 cancellation fee. Cancellation of a
project within four (4) hours of onsite time will result in a four (4) or six (6) hour minimum charge for the crew at the
listed rate.
Insurance Coverage ‐ Includes a blanket additional insured endorsement. There will be additional charges if a customized
endorsement is required. Notify Downstream Services, Inc. if additional coverage is necessary.
Please notify Downstream Services, Inc. IMMEDIATELY if you have any questions, or need any clarifications regarding the
TERMS AND CONDITONS for this requested work. Please sign this form and return to Downstream Services, Inc. or give to
onsite representative.
I have read the above and to the best of my knowledge it is true and correct and I agree to pay these charges. I agree to
notify Downstream Services, Inc. in writing of any disputes within thirty (30) days of the date the work was performed.
Otherwise such disputes are considered negligible. In the event a suit is instigated to enforce payment, the
vendor/contractor/owner agrees to pay reasonable attorney and collection fees together with legal interest and cost of
suits. Payment terms are NET 30 days. All past due accounts are subject to 1½% per month service charge. THIS FORM
MUST BE SIGNED AND RETURNED TO DSI BY 12:00PM THE DAY PRIOR TO WORK BEING PERFORMED.
Name and Title: Date:
DSI carries the
following policies:
Valley Forge
Insurance Company
General Liability
$1,000,000
Continental
Insurance Corp.
Automobile Liability
$1,000,000
ACE American
Insurance Company
Worker’s
Compensation
& Employers Liability
$2,000,000
Valley Forge
Insurance Company
Umbrella/Excess
Liability
$10,000,000
DocuSign Envelope ID: B4A5EDDB-14C4-4066-A713-261AE6927E5A