Loading...
HomeMy WebLinkAboutContracts & Agreements_69-2025NPS-2.2(2/22) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of On -Call Sewer Collection System Maintenance Support ("Agreement") is made and entered in this 08 day of June, 2025 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Houston & Harris PCS, Inc. ("Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1.1 City hereby engages Contractor to perform On -Call Sewer Collection System Maintenance Support services for City (the "Services"). The Services that Contractor shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference. 1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services. ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR 2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act, Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373. 2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6, 2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813. 2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. i IAcmo\Agreements\Houston & Harris Agreement.NPS rY25-0036.doc jm NPS-2.2(2/22) 2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810. 2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, t775, 1776, t777,5, 1813 and 1.815. 2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 1.5) or under the Cartwright Act (Chapter 2 (commencing with section t6700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, goods or materials pursuant to this Agreement. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City shall matte available to Contractor information in its possession that may reasonably assist Contractor in performing the Services. 3.2 City designates John R. Harris, Municipal Utilities & Engineering Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 The Services shall commence as of the Effective Date of this Agreement. Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," which is attached hereto and incorporated herein by this reference. 4.2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Initial Term"), The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended 'Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the "Term" of this Agreement. 4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "B," which is attached hereto and incorporated herein by this reference, in an amount equal to one hundred percent (100"/0) of the total compensation to be paid to Contractor pursuant to this Agreement. ARTICLE 5 — PAYMENTS TO CONTRACTOR 5.1 The compensation for Contractor's performance of the Services shall not exceed the amount of two hundred fifty thousand dollars ($250,000) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for 2 C1cmo\Agreements\nouslon & Harris Agreement.NPS PY25-0036.doc-jm NPS-2.2 (2122) Contractor's performance for the Services shall not exceed the amount of two hundred fifty thousand dollars ($250,000) for the first Extended Term; and two hundred fifty thousand dollars ($250,000) for the second Extended Term, bringing the total possible amount of compensation to a not -to -exceed amount of seven hundred fifty thousand dollars ($750,000). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit "C," titled "Price and Fee Bid," which is attached hereto and incorporated herein by reference. 5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: CITY City Clerk City of Redlands 35 Cajon Street P.O. Box 3005 (mailing) Redlands, CA 92373 jdoiialdson@cityofredlands.org (909)798-7531 CONTRACTOR Larry Houston, President Houston & Harris PCS, Inc. P.O. Box 10367 San Bernardino, CA, 92423 Ihouston@houstonandharris.com (909)422-8990 ARTICLE 6 — INSURANCE AND INDEM[VIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to 3 fAcraMgmementsUlouston & Harris Agreemenl.NPS M5-0036.doc-jm NPS-2.2 (2/22) City that Contractor is self -insured or exempt from the workers' compensation laws of the State of California. Contractor shall execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Contractor agrees It is not a designated employee within the meaning of the Political Reform Act because Contractor: A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; 4 1AejnalAgreements\Houston & Harris Agreement.NPS FY25-0036.doc-Jm NPS-2.2 (2/22) (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity, participate in malting a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Cleric's office pursuant to the written instructions provided by the City Cleric ARTICLE 8 — GENERAL CONSIDERATIONS 8.1 hi the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party. 8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement. 8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation. 8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise matte available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been 5 C\cmo\Agwements\Houston & Hnrris Agreement.NPS FY25-0036.doo-jm NPS 2.2 (2/22) accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor. 8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement. CITY OF REDLANDS By�_AL 14 Mario Sauce o, Mayor ATTEST: ,die Donaldson, City Cleric 6 I:IcmolAgreements\Houston & Harris Agreement.NPS FY25-0036.doc jsu Houston & Harris PCS, Inc. By: /_�ou.� Larry Ho &ton, President NPS-2.2 (2/22) EXHIBIT "A" SCOPE OF SERVICES Shall provide on -call sewer collection system maintenance support services, which may include, but are not limited to: -Assistance with Sanitary Sewer Overflow (SSO) response in the event of a failure beyond the City's response capability or other sewer -related emergencies. -Assistance with collection system main line bypass or other wastewater projects. -Assistance with sewer line maintenance cleaning and CCTV inspection activities due to resource constraints and/or projects; CCTV reports and documentation must be provided in CrraniteNet Software. -Assistance with sewer lateral inspections and lateral launch. -Cleaning/Maintenance of piping network at the City's wastewater treatment plant (WWTP), assistance with cleaning of equalization basins, and cleaning of anaerobic digesters as needed. Equalization Basin Cleaning -The City has two equalization basins with high -density polyethylene (HDPE) liners. -The contractor must not damage the liner during cleaning operations. -If damage occurs, the contractor shall be fully responsible for repairing the damaged area at their own expense. -The two basins have capacities of 1.6 million gallons and 1 A million gallons. The City will be responsible for draining the liquid prior to cleaning. Anaerobic Digester Cleaning -The facility includes three anaerobic digesters and one secondary digester (holding tank) that require periodic cleaning. Digester dimensions: Digester 1, Digester 2, and Secondary Digester: 45 ft diameter, 22 ft side water depth (SWD). Digester 3: 60 ft diameter, 22 ft SWD. -Hourly rate for equipment to include all associated costs, including fuel, mileage, related equipment, and supplies, -Linear foot rate for services to include all associated costs, including staff, equipment, fuel, mileage, related equipment, and supplies. -Provide proper supervision and appropriate traffic control at the job site during all phases of work. -Ensure all work is performed safely, using appropriate personal protective equipment (PPE) and in compliance with City safety practices, OSHA regulations, and job -specific contractor requirements. •If required, prepare an Overflow Emergency Response Plan specific to the task and in accordance with the City's Overflow Emergency Response Plan. -Contractor must be located within 30 miles of the City of Redlands Municipal Utilities & Engineering Department: 35 Cajon St. Suite 15A, Redlands, CA 92373. -Contractor must respond to on -call sewer collection system maintenance support requests within 60 minutes of notification. A response is defined as an acknowledgment of the call and confirmation that personnel and equipment are•en route to the emergency within 60 minutes of notification. 7 ticm otAgwonientsWouston &. Harris Agreement.NPS PY25-0036slocJin EXHIBIT "B" NPS-2.2 (2l22) LABOR AND MATERIAL BOND Bond no. 4475947 Premium:$4,750.00 Premium is for the contract term and is subject to adjustment based on FinaE contract price Whereas, the City of Redlands, State of California, and Houston & Harris PCS, Inc. (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to On - Call Sewer Collection System Maintenance Support (the "Work"), which said agreement, dated June 08, 2025, and titled as "Agreement to Perform Non -Professional Services for Improvement to Public Builds and Grounds" is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Hundred Fifty Thousand AND NO/100 dollars ($250,000.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set fortb, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and surety above named, on Max 1st, 2025. (SEAL) Houston & Harris PCS, Inc. (SEAL) Markel Insurance Cornpgny (Contractor) (Signature) (Seal and Notarial Acknowledgment of Surety) (Surety) BY: (Signature) Kassandra De Address: 4521 Hi* Glen Allen VA 23060 Telephone( 909 ) 686-9861 s I: 1cmolAgreementsUiouston & Hareis Agreement NPS FY25-0036.doo-jm Attorney -in -Fact PDA# 510028 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company'), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Cynthia J. Young, Kassandra De Leon Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one Is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking In suretyship provided, however, that the penal sum of anyone such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, any Senlor Vlce President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use offacsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney orattorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 21st day of March , 2025 SureTec Insurance Company `a50aAN c Fy� SEAL I a= i k5 By: Michael C. Kelmig, President • rrNrr nM�+t State of Texas County of Harris: On this 21st day of March , 2025 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, tome personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding Instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said Instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument Is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. ,• JULIE E. MCCLARY =, 4' Notary Public State of Texas By: ' ( f 1 �T iJ Commission # 12947688-5 t i MCClary, NotaryPublic • • Commission Expires March 28, 2026 M commission expires 3/29/2020 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the JSt day of May 2025 S nsur Co any By: M. Brent Beaty, Assistant Secretary Markel insurance Company By:wo— AndrevpMarquis,_ Assists 4ecreta' Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 610028 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and S:00 PM CST. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On MAY 0 1 Z025 before me, E.A. Garibay, Notary Public (insert name and title of the officer) personally appeared Kassandra De Leon who proved to me on the basis of satisfactory evidence to be the person(prwhose name(?? isl subscribed to the within instrument and acknowledged to me thatX/she/(� Key executed the sa a in �*;IherltPoir authorized capacity(iK, and that bynlherinir sig atureon the instrument the erson', 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 paragraph is true and correct. fs ;vim.: R.: E. DAY WITNESS WITNESS my hand and official seal. s`,= v Cod PAP #24,08744 z Notary Public California Grai7ge County icy Comm. Expir-s June 22 2026 Signature (Seal) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed thedocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On 2 May 2025 before me, Shivon Constantine, Notary Public Date Here Insert Name and Title of the Officer personally appeared Larry Houston Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personKwhose nameX is/,p+-6 subscribed to the within instrument and acknowledged to me that he/sla'L7t0v, executed the same in his/beMi�e authorized capacity�4< and that by his/l;lo- lyei'r signatureeon the instrument the persoolor the entity upon behalf of which the personxacted, executed the instrument. SHIVON CONSTANTINE Notary Public - California x x - San Bernardino County Commission # 2418184 My Comm. Expires Sep 24, 2026 Place Notary Seal and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Titie(s): ❑ Partner ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: NPS-2.2 (2122) EXHIBIT "C" (Price and Fee Bid") itcnt No. t)cseri stitstt i Unit Cost per 'I'ot:�l QuantityTotal Extended Price Unit (A) Combination Whicle: Mon- 630.00 1 Fri 7:00 AM - 5:00 PM Per hour _$ ga $ �,444.04 _ Combination Vehicle: After Hours Mon -Fri (5:00 PM 2 7:oa AM) per hour $ M.00 go $ %860.00 Combination Vehicle: 3 Weekends Pet hour 825,40 $0 $ 74,000,00 Combination Vehicle: City 92500 74,004-00 4 Holidays Per hour $ 80 staff : Mon -Fri 7:00 AM - 5:00 115.00 18,400.00 5 PM Par hour 4 $ 1.60 $ staff: After Hours Mon -Fri 6 (5:00 PM - 7:00 AM) Per hour $ 05.40 $1as,08 160 160 - $ 23,200.a0 $ 29,600.00 7 Staff: Weekends Per hour a Staff: City Holidays Per hour $185,00 160 $ 29,600.00 Sewer Main tine Cleaning (including all staff, equipment, and other Per linear 5 associated Costs) foot $ 6.44 15,000 $ 126,000.00 Sewer Main Line and Lateral CCTV inspection & Lateral Launch (including aft staff, equipment, and other Per linear 10 associated costs) foot 1061 $ 15,000 $ t59,150,aa Line Jetting (including all staff, equipment, and other Per linear 11 ---- associated costs) foot $8.40 15,000 $ 128:064.00 Anaerobic digester Cleaning - (including aft staff, equipment, and disposal of removed material per one 12 digester) Per event $145,000.00 1 $ 145,400.00 _ Equalization Basin Cteaning (including all staff, equipment, and disposal of removed material per one 13 basin) Per event $ ""'0'00 1 $ 145 MAD TOTAL Extended Price {items 1 through 131 __ $ t,ae1,150.t10 9 racmoftreementslHoListon & Harris Agreement.NPS FY25-0036.doc jm NPs 2.2 (2122) EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION 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 by 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, either as an individual employer, or as one employer in a group of employers, 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 or her employees. CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every er ployer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code § 1861). I affirm that at all times, in performing the work and activities required or permitted Under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the Iaws of the State of California that the information and representations made in this certificate are true and correct. Houston & Harris PCS, Inc. 041l 812025 By. / D � Date: _ Larry Houston, President 10 JAcmo\Agrccmcnts\Hauston & Haiais Agreemcnt.NPS PY25-0036.doc-im