AGREEMENT Approved: 05/21/2013 Between Santa Clara County … · 2006. 1. 13. · trauma scene cleanup; human bodily fluids (blood, vomit, urine, feces, and saliva, etc); sanitization

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COUNTY OF SANTA CLARA EMPLOYEE SERVICES AGENCY OCCUPATIONAL SAFETY AND ENVIRONMENTAL COMPLIANCE (OSEC) DEPARTMENT

2310 North First Street San Jose, California 95131 Telephone (408) 441-4280 Facsimile (408) 432-7555

AGREEMENT

Between Santa Clara County and

Restoration Management Company

June 1, 2013

Board of Supervisors: Mike Wassserman, District 2 Vacant, Dave Cortese, Ken Yeager, S. Joseph Simitian County Executive: Jeffrey V. Smith.

Approved: 05/21/2013

County of Santa Clara Biohazard Cleanup Services Contract June1, 2013

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COUNTY OF SANTA CLARA

AGREEMENT FOR

BIOHAZARD CLEANUP SERVICES

THIS AGREEMENT IS MADE EFFECTIVE ON JUNE 1, 2013 BY AND BETWEEN THE COUNTY OF SANTA CLARA (COUNTY) AND RESTORATION MANAGEMENT COMPANY (CONTRACTOR), TO PROVIDE BIOHAZARD CLEANUP SERVICES TO THE COUNTY.

SCOPE OF SERVICES

Required services include, but are not limited to: � trauma scene cleanup; human bodily fluids (blood, vomit, urine, feces, and saliva, etc); � sanitization of contaminated equipment to include emergency response team gear, respirators, fire

response gear, and personal protective equipment; � routine sanitation cleanup of County owned or leased facilities, public buildings, public safety and

health facilities, and county vehicles; � cleanup of homeless encampments on County property; � cleanup of housing shelters

Required services also include cleaning, sanitizing of personal protective, and specialty equipment. Services shall be provided to any County entity including all departments and programs listed under Exhibit A – County Departments Listing, Fiscal Year 2013. Services shall extend to occupants in facilities owned, operated or leased by the County.

Contractor’s employees (and subcontractors) must be licensed, certified, or registered to provide biohazard cleanup services in the state of California.

Services are required 24-hours per day, 7-days per week. The County does not guarantee amount of services to be performed, as services are required on an as-needed basis.

At the request of Occupational Safety and Environmental Compliance (OSEC) staff, Departmental Safety Coordinators, Facility Managers, Program Managers, Agency/Department Heads or their designated representatives, contractor must respond to calls for biohazard cleanup services, any time of day, any day of the week throughout the calendar year.

The system should help the County of Santa Clara Employee Service Agency, Risk Management Department, Occupational Safety and Environmental Compliance (OSEC) Division realize the following organizational benefits:

1. Ensure general public’s and County employees’ health and safety. 2. Comply with Cal/OSHA regulations. 3. Avoid citations and fines related to environmental, health and safety issues.

CALIFORNIA DEPARTMENT OF PUBLIC HEALTH ADVISORY STATEMENTS

Trauma Scene Waste Management Practitioners are registered with the Department of Public Health pursuant to Section 118321 of the Medical Waste Management Act. (California Health & Safety Code) The Act defines trauma scene waste as waste regulated by the Cal/OSHA Bloodborne Pathogen Standard, that “…has been


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removed, is to be removed, or is in the process of being removed, from a trauma scene by a Trauma Scene Waste Management Practitioner.” (Section 117777, Health & Safety Code).

A Trauma Scene Waste Management Practitioner is a person (including companies) that provides trauma scene clean-up services commercially. That is, they are paid for their services. These persons must, by law, register with the Department. Because the definition of waste as trauma scene waste depends on its management by a Trauma Scene Waste Management Practitioner, persons who volunteer to clean such sites (a neighbor or family member, for instance), or who clean scenes that might emerge outside the usual course of primary job duties (for example, properly OSHA-trained police, fire, safety, and janitorial personnel) and are NOT specifically hired to attend to a given trauma incident, do not fall under the Act. That is because the waste they are removing is not, by definition, trauma scene waste.

WORK STANDARDS

All work must be done in accordance with the California Health and Safety Codes and other applicable laws and regulations, including Section 118321 of the Medical Waste Management Act (California Health & Safety Code). The Contractor must exercise utmost precaution for the protection of Contractor and County staff, the public, site personnel, and property. The Contractor must provide adequate safeguards and protective devices for all equipment and machinery, and will take all care to ensure that work proceeds under the highest standards of safety and prudence, and in compliance with all applicable laws.

Contractor must perform all services per Cal/OSHA regulations, State, Federal, and all other applicable laws and regulations. The County does not guarantee any amount of services to be performed as services shall be performed on an as-needed basis as requested by any County departments. All work will be done within the County of Santa Clara.

Contractor will be the primary point of contact for any subcontractor and assume the responsibility of all matters relating to any subcontractor, including service and payment issues. If issues arise, the Contractor must take immediate action to correct or resolve the issues with end-user departments.

TERM OF AGREEMENT

The County awards this agreement for a three-year period, with the option to renew for two additional years. The term of the Agreement will be three (3) years. The term of the agreement shall commence on June 1, 2013 and continue through May 30, 2016. By mutual agreement, the Agreement may be extended for an additional two (2) year period at prices to be mutually agreed upon, with terms and conditions remaining the same.

SAFETY AND HEALTH

Contractor must maintain ongoing, and provide evidence thereof, training for their employees providing services under this Agreement on all applicable Title 8 regulations pertaining to workplace safety. At a minimum the Contractor must maintain an effective injury and illness prevention program (IIPP). In addition to any other applicable local, state, and or federal required training, the Contractor shall ensure their employees receive the following training and specific instructions regarding hazards unique to their job assignment, including but not limited to:

Exposure Control Plan and Blood Borne Pathogens Standard (Title 8, General Industry Safety Order (GISO) 5193)

Hazard Communication Program (Title 8, GISO 5194)


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Aerosol Transmissible Disease (Title 8, GISO 5199)

WARRANTIES

The Contractor warrants that it has sufficient and requisite experience, personnel, education, licenses and permits, equipment, and knowledge to provide biohazard cleanup services for the County.

The Contractor warrants that it understands the currently known hazards which are present to providing biohazard cleanup services for the County.

Pricing/Billing: The amount of the contract will not exceed $400,000 (four hundred thousand dollars) annually, unless prior written contract amendments are obtained from the County. At any given time during the contract year when 80% of the annual amount, $320,000 (three hundred twenty thousand dollars), is reached, the contractor must notify the County contract manager and its fiscal officer – Principal Safety & Environmental Compliance Specialist and Accountant II.

All invoices must be sent directly to correct end-user County department(s) fiscal officers. It is important that end-user departments are identified so that correct mailing of invoices can be made. In addition, all invoices with a dollar value of five thousand dollars ($5,000.00) or higher must be sent to end-user department with copies to OSEC (contract manager and its fiscal officer – Principal Safety & Environmental Compliance Specialist and Accountant II). Time, material, and labor must be detailed as line items.

Exhibit B Contractor Pricing/Schedule of Fees sets forth the rates to be paid to Contractor for stated services.

Payment Terms: There is no impact to the County General Fund. End-User Departments requiring Biohazard Cleanup Services contract for and pay for these services utilizing departmental funds within their budget units. County End-User Departments are to expedite payment to Contractor as soon as possible. Payment terms are net 30 days from date of invoice.

Unresolved billing issues between Contractor and End-Users shall be escalated to the End-User County Department Head or Agency Head for resolution.

Additional Contractor billing process and contact information is available on Exhibit C Contractor Billing Flowchart and Contact Information.

RIGHTS THAT WILL BE CONTAINED IN THE CONTRACT

The right to review personnel changes If the original personnel assigned to the contract cannot for some reason continue, the County reserves the right to interview and reject any of the contractor’s employees whom the contractor may wish to assign to the contract. If no personnel acceptable to the County can be found, the County reserves the right to pay the contractor for the work that has been done and cancel the remainder of the contract.

The right to review subcontractors Since the individuals who will be performing the services will have a direct impact on the quality of the final product, the County reserves the right to interview and reject any subcontractors that the contractor may wish to use.


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The right to evaluate your firm’s performance Contractor will be subject to a regular performance evaluation, based on criteria contained in the contract. These criteria may include some of the selection criteria listed above, including the timeliness and quality of the service.

TERMINATION

Termination Without Cause - Either party may terminate this Agreement without cause by giving the other party thirty (30) days written notice.

Termination For Cause - County may terminate this Agreement for cause upon written notice to Contractor. For purposes of this Agreement, cause includes, but is not limited to, any of the following:

a) Material breach of this Agreement by Contractor,

b) Violation by Contractor of any applicable laws,

c) Assignment by Contractor of this Agreement without the written consent of County,

d) Failure to provide services in a satisfactory manner, or

e) A decision by the Board of Supervisors not to fund the services within a County fiscal year. Such notice shall specify the reason for termination and shall indicate the effective date of such termination.

In the event of termination, Contractor will deliver to County copies of all reports and other work performed by Contractor under this Agreement and upon receipt thereof, Contractor will be paid for services performed to the date of termination.

NON-EXCLUSIVE CONTRACT

This Contract neither establishes an exclusive contract nor constitutes a commitment by the County, whether expressed or implied, to contract with Contractor to perform or supply any goods or services; nor is there any guarantee as to the volume of product/service or the duration of the contract. County of Santa Clara expressly reserves all its rights, including but not limited to the following: The right to utilize others to supply goods or services of the type contemplated by this Agreement, the right to request bids from others without requesting bid(s) from Contractor for product of this type contemplated by this Agreement, and the unrestricted right by the County of Santa Clara to bid any such product or service.

PROJECT MANAGERS/ ASSESSMENT OF PERFORMANCE

The County designates the OSEC Principal Safety and Environmental Compliance Specialist or his designee Environmental Health and Safety Analyst as its Project Manager for the purpose of managing the services performed under this Agreement.

The OSEC Principal Safety and Environmental Compliance Specialist or his designee Environmental Health and Safety Analyst retains the right to evaluate Contractor’s performance and conduct technical assessments, including possible audits of the Contractor’s facilities, tools and equipment, jobsites, and overall work performed under Contract.


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CONFLICTS OF INTEREST

In accepting this Agreement, the Contractor believes and agrees that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. The Contractor further covenants that, in the performance of this Agreement, it will not employ any contractor or person having such an interest.

CLIENT CONFIDENTIALITY

Maintaining Confidentiality

Contractor and its employees, agents or subcontractors must protect from unauthorized disclosure names and other identifying information concerning persons either receiving services pursuant to this contract or persons whose names or identifying information become available or are disclosed to Contractor, Contractor's employees, agents, or subcontractors as a result of services performed under this contract. For purposes of this Agreement, personal identity information includes, but is not limited to, name, identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph.

HIPAA Compliance (Health Insurance Portability and Accountability Act)

Contractor must comply with the Health Insurance Portability and Accountability Act (42 USC sections 1320d et. seq.).

Use of Confidential Information

This Agreement is subject to all state and federal laws protecting client confidentiality of medical, behavioral health, and drug treatment information. Contractor must establish and maintain written procedures and controls regarding disclosure of such confidential records and information. Contractor, its employees, agents or subcontractors may not use confidential information obtained in the course of performance on this Agreement for any purpose other than to carry out Contractor's obligations under this agreement.

INSURANCE REQUIREMENTS

See Exhibit D Insurance Requirements for Environmental Services Contracts.

SAFETY AND SECURITY COMPLIANCE REQUIREMENTS

All Contractors including, subcontractors, shall comply with the policies of County End-User Departments which may include, but not limited to, background checks, security clearances, fingerprinting, etc.

ASSIGNMENTS/ SUBCONTRACTORS

Any proposal to use subcontractors along with the identification of the subcontractor must first be approved in writing by the Principal Safety and Environmental Compliance Specialist or his designee Environmental Health and Safety Analyst. The proposal shall include a description of tasks to be performed by the subcontractor and the amount of compensation therefore. All assignees or subcontractors approved by County shall be subject to the same terms and conditions applicable to Contractor under the Agreement and Contractor shall be liable for the


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assignee's or subcontractor's acts or omissions. All agreements between Contractor and subcontractor or assignee for services pursuant to this Agreement shall be provided to the County.

NOTIFICATION OF CHANGE IN SUBCONTRACTORS

The Contractor must agree to notify the Santa Clara County Principal Safety and Environmental Compliance Specialist or his designee Environmental Health and Safety Analyst of any intent to change subcontractors and provide the information required for each newly proposed subcontractor. Such change may be made only following approval by Santa Clara County.

INDEPENDENT CONTRACTOR

Contractor shall perform all work and services described herein as an independent Contractor and not as an officer, agent, servant or employee of County. None of the provisions of this Agreement is intended to create, nor shall be deemed or construed to create any relationship between the parties other than that of independent parties contracting with each other for the provisions of this Agreement. The parties are not, and will not be construed to be in a relationship of joint venture, partnership, or employer-employee. Neither party has the authority to make any statements, representations or commitments of any kind on behalf of the other party, or to use the name of the other party in any publications or advertisements, except with the written consent of the other party or as is explicitly provided herein. Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any.

ACCIDENT PREVENTION

Contractor must hold paramount the safety and health of people and the protection of property and the environment in performance of professional service.

The Contractor must exercise precautions for the protection of persons (including employees, county staff and the public) and property. The Contractor must agree to employ all care to insure that the proposed work will proceed under the highest standards of safety and prudence, and in compliance with all applicable laws relating to safety.

VIOLATION NOTIFICATION

The Contractor must agree to notify the County's OSEC Program within five (5) working days if any of the following occur between now and termination of the Agreement.

Contractor or subcontractors are served with a notice of violation of any laws, regulations, or permits which relate in any material respect to the services performed; or

Proceedings are commenced against the Contractor or its subcontractors that could lead to revocation of permits or license that relate to the services performed.

AMENDMENTS

This Agreement may be amended only by an instrument signed by the parties, and which has been reviewed and approved by County Counsel.


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ASSIGNMENT OF CLAYTON ACT, CARTWRIGHT ACT CLAIMS

Contractor hereby assigns to the County 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. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the responding person and/or entity for sale to the County pursuant to the solicitation document. Such assignment shall be made and become effective at the time the County tenders final payment to the responding person and/or entity.

EQUAL OPPORTUNITY/NONDISCRIMINATION

No party contracting with the County will discriminate against any subcontractor, employee, or applicant for employment, because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. It is further the policy of the County that no party contracting with the County may discriminate in the provision of services under the contract because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.

BEVERAGE NUTRITIONAL CRITERIA

It is the policy of the Board that County funds that are being used to purchase food and beverages on behalf of the County must not be used to purchase beverages that do not meet the County's nutritional beverage criteria. These criteria may be waived in the event of an emergency or in light of medical necessity. The criteria for waiver are set forth in the Administrative Guidelines for this section.

NO SMOKING

It is the policy of the County that all contractors and their employees, agents and subcontractors who will have any contact with County property pursuant to a contract with the County must comply with the County's No Smoking Policy set forth in Board Policy 3.47. SOLICITING AND CONTRACTING REVISED 3-16-12

CONTRACTING PRINCIPLES

It is the policy of the Board that all entities that contract with the County to provide services where the contract value is $100,000 or more per budget unit per fiscal year and/or as otherwise directed by the Board, must be fiscally responsible entities and must treat their employees fairly.

To ensure compliance with these contracting principles, all contractors must: (1) comply with all applicable federal, state and local rules, regulations and laws; (2) maintain financial records, and make those records available upon request; (3) provide to the County copies of any financial audits that have been completed during the term of the contract; (4) upon the County's request, provide the County reasonable access, through representatives of the Contractor, to facilities, financial and employee records that are related to the purpose of the contract, except where prohibited by federal or state laws, regulations or rules.

The factors the County considers in determining compliance with its contracting principles include, but are not limited to: wage levels, pay ranges, benefits for all positions and job classifications, medical insurance for


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employees, annual rate of staff turnover, number of hours of training for each position in subject areas directly related to the contract, number of legal complaints issued by an enforcement agency against the contractor for alleged violations of applicable federal, state or local rules, regulations or laws and the number of citations, court findings or administrative findings for violations of applicable federal, state or local rules, regulations or laws related to treatment of employees or the contractor's fiscal condition, and any collective bargaining agreements or personnel policies covering the contractor's employees.

NOTICES

All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance with this section.

To Contractor: Mr. Dave Glover, Chief Financial Officer Restoration Management Company 32550 Central Avenue Union City, CA 94587 510.315.5400 Phone 510.324.8016 Fax

and

To County: Mr. Tyler Nguyen, Principal Safety & Environmental Compliance Specialist Occupational Safety & Environmental Compliance Department Employee Services Agency

County of Santa Clara 2310 North First Street San Jose, CA 95131

Tel - (408) 441-4286 Fax – (408) 432-7555

WAIVER

No delay or failure to require performance of any provision of this Agreement shall constitute of waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing, and shall apply to the specific instance expressly stated.

SEVERABILITY

If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid, or unenforceable, the same will either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.


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Exhibits

Exhibit A – County Departments Listing, Fiscal Year 2013

Exhibit B – Contractor Pricing/Schedule of Fees

Exhibit C – Contractor Billing Flowchart and Contact Information

Exhibit D – Insurance Requirements for Environmental Services Contracts, B2D


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Exhibit A – County Departments Listing, Fiscal Year 2013

DEPARTMENTS NUMERICAL LISTING FISCAL YEAR 2013

Budget Unit Department

101 Supervisorial District 1 102 Supervisorial District 2 103 Supervisorial District 3 104 Supervisorial District 4 105 Supervisorial District 5 106 Clerk of the Board of Supervisors 107 County Executive 110 Finance Agency 112 Tax Collector 113 Local Agency Formation Commission 114 County Clerk – Recorder 115 Assessor 118 Procurement 120 County Counsel 130 Human Recourses, LR & EOED, Risk Management 135 Fleet Services 140 Registrar of Voters 145 Information Services Department 148 Revenue 168 Office of Affordable Housing 190 Communications 200 Child Support Services 202 District Attorney 203 Crime Lab 204 Public Defender 210 Pre-Trial Services 230 Sheriff 235 Sheriff’s DOC Contract 240 Correction 246 Probation 260 Admin, Planning & Land Use Dev 261 Environmental Health 262 Agriculture & Resource Management 263 Facilities Department 293 Medical Examiner – Coroner 410 Public Health 411 Vector Control District 412 Mental Health 414 Custody Health Services 417 Alcohol & Drug Services 418 Community Outreach Program Services 502 Social Services Agency 503 Dept of Family & Children Services 504 Dept of Employment & Benefit Services 505 Dept of Aging & Adult Services


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603 Roads Operations 608 Airports 610 County Library 710 Parks & Recreation 725 Valley Health Plan/Managed Care 921 Valley Medical Center (VMC)


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Exhibit B – Contractor Pricing/Schedule of Fees

Labor Rates: Unit Price

Senior Project Manager Per Hour $105.00

Project Manager Per Hour $85.00

Operations Manager Per Hour $75.00

Technical Cleaning Specialist Per Hour $70.00

Environmental Supervisor Per Hour $68.00

Environmental Technician Per Hour $60.00

Desiccant Technician Per Hour $62.00

HVAC Supervisor Per Hour $63.00

HVAC Technician Per Hour $55.00

Restoration Supervisor Per Hour $60.49

Restoration Technician Per Hour $56.02

Administrative Per Hour $42.56

Cleaning Technician Per Hour $42.56

Schedule of Fees - 2013County of Santa Clara

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Cleaning Technician Per Hour $42.56

General Labor Per Hour $33.00

Management of Customer Labor Force - per hour/per person Per Hour $3.00 to $5.00

Storage Rates: Unit Price

Storage Vault Per Day $3.83

Storage Vault Per Month $115.00

Cartage and Disposal Service: Unit Price

Misc. Construction Debris Per Job OPEN

Disposal Min. Charge $25.00

Note:

Labor calculations are based on an 8 hour workday, Monday through Friday. All hours worked beyond 8 hours Monday through Friday will be considered overtime. Overtime hours will be calculated at 1.5 times the regular rate. All hours worked on Saturday will be considered overtime for the first 8 hours and double time thereafter. Sunday and holidays will be calculated at 2 times the regular rate per schedule.

This Schedule of Fees is subject to change without notice. For customers under an annual agreement, thirty (30) days written notice will be provided.

Labor charges include travel time (portal to portal)

Subcontractors and equipment which is rented from others will be billed at cost plus 10% profit and 10% overheadTravel, lodging and per diem will be charged at cost plus 10% profit and 10% overheadMobilization and Demobilization fees TBD based on location

A 5% DISCOUNT WILL BE APPLIED TO EACH COUNTY OF SANTA CLARA INVOICE.

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Item UOM Price Item UOM Price

AC - 1 Ton DA 125.00$ Radio - 2 way DA 6.00$ Air Mover - 2000 CFM DA 27.50$ Pallet Jack DA 20.00$ Airless Sprayer DA 45.00$ Power Cable - 50' DA 13.00$ Airwolf (Hardwood floor drying system) DA 95.00$ Power Cable - Tail DA 4.00$ Axial Air Mover DA 32.50$ Power Distribution Box DA 28.00$ Blower, Industrial - 4000 CFM DA 300.00$ Pressure Washer DA 130.00$ Cart, High Tech DA 12.50$ Pressurized Steam Cleaner DA 375.00$ Cart, Debris DA 40.00$ Pump Sprayer DA 5.00$ Compressor DA 38.55$ Sander - 4 1/2" w/HEPA attachment DA 6.00$ Dehumidifier - Large (1200 / Evo / R175) DA 85.00$ Saw - Circular (Skilsaw) DA 12.50$ Dehumidifier - Ex Large (2000 / 2400 / R200) DA 125.00$ Saw - Reciprocating (Sawzall) DA 15.00$ Dehumidifier - Desiccant 150 DA 125.00$ Saw - Specialty Drywall (Kett) DA 32.00$ Dehumidifier - Desiccant 600 DA 375.00$ Soda Blasting Machine DA 485.00$ Dehumidifier - Desiccant 2000 DA 950.00$ Submersible Pump 2" DA 181.42$ Dehumidifier - Desiccant 5000 DA 1,550.00$ Submersible Pump 3/4" DA 35.00$ Dolly - Appliance DA 9.00$ Terminator (Floor Stripper) DA 250.00$ Dragon - Indirect Heat DA 174.53$ Thermal Fogger DA 100.00$ Drill - Cordless / Electric DA 12.00$ Thermal Imaging Camera DA 225.00$ Dry Ice Machine DA 485.00$ Tool Box DA 15.00$

Equipment List

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Electrical - Cord DA 3.00$ Tool Box - High Tech DA 55.00$ Electrical - Light String - 100' DA 10.00$ Turbo Vent (48") DA 10.00$ Electronic Oven (Large) DA 325.00$ Turbo Vent (Mini) DA 80.00$ Extraction unit - Portable DA 150.00$ Ultra Sonic DA 350.00$ Extraction unit - Truck Mount DA 540.00$ Unger Pole 18-24ft DA 12.50$ Extreme Extractor DA 185.00$ Unger Pole 8-12ft DA 9.50$ Fan - 36 Inch DA 42.00$ Vacuum, HEPA DA 42.50$ Flex Duct 8"-12" X 25' DA 35.00$ Vacuum, Shop Vac DA 20.00$ Flex Duct 14"-20" X 25' DA 62.00$ Vacuum, Upright DA 9.00$ Fogger - Wet DA 15.00$ Water Collector DA 3.50$ Generator - Portable DA 79.00$ Zip Walls DA 12.00$ Generator 56KW DA 386.00$ Vehicles Unit Price

Halogen Work Light DA 6.00$ Dump Truck DA 250.00$ Halogen Work Light - Dbl DA 20.00$ Forklift - 8000 lb DA 225.00$ Hand Grinder DA 12.50$ Moving Truck (16') DA 160.00$ Heater 60 KW DA 375.00$ Moving Truck (24') DA 245.00$ HVAC Collector - 5000 DA 225.00$ Passenger Van DA 160.00$ Hydroxyl Generator - 3 optic DA 230.05$ Service Van DA 75.00$ Injecti-Dry / Dry Force DA 140.00$ Tractor (Semi) DA 325.00$ Ladder - A Frame DA 6.00$ Trailer (14') DA 30.00$ Ladder - Extension DA 10.00$ Trailer (Flatbed) DA 355.00$ Manometer DA 20.00$ Trailer (53' Restoration) DA 525.00$ Negative Air / Air Scrubber - 2000 DA 125.00$ Utility Vehicle (F150/250 - E150/250) DA 85.00$ Negative Air / Air Scrubber - 500 DA 72.50$ Water Damage Unit (14' Box Truck) DA 95.00$ Ozone Generator DA 150.00$

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Item UOM Price Item UOM Price9-D-9 GL 119.58$ Isopropyl Alcohol GL 8.65$ Adhesive Mat EA 31.42$ Knee Pads PR 26.50$ Air Neutralizer GL 58.00$ Lay Flat Ducting, 10" - 12" RL 120.00$ Anti-Microbial / Disinfectant / Sanitizer GL 69.50$ Lay Flat Ducting, 18" - 20" RL 180.00$ Anti-Static Cleaner EA 11.48$ Leather Cleaner QT 36.68$ Bags, Poly 2 Mil RL 79.80$ Liqui-Zone GL 60.00$ Bags, Poly 6 Mil RL 145.05$ LPS 1 GL 107.06$ Bags, Trash BX 49.86$ LPS 2 GL 117.45$ Bags, HEPA Vacuum EA 3.95$ LPS 3 GL 140.60$ Blade, Utility EA 3.95$ Lumber - Plywood EA 31.00$ Blade, Floor Scraper 3.5" HD EA 16.22$ Lumber - 2' X 4' X 8' EA 5.50$ Blade, Floor Scraper 4" EA 4.95$ Mattress Cover EA 1.20$ Blade, Floor Scraper 8" EA 2.95$ Mop Heads EA 8.00$ Blade, Terminator EA 20.00$ Oil Soap GL 27.68$ Bleach GL 5.30$ Odor Blocks EA 6.62$ Board Up Hardware EA 25.00$ Oven Cleaner EA 4.50$ Box - Dishpack EA 9.12$ Packing Blanket EA 15.84$ Box - Lamp EA 6.51$ Packing Paper RL 27.00$ Box - Large EA 5.19$ Paper Pad EA 2.36$ Box - Medium EA 4.05$ Pine Sol GL 10.11$ Box - Mirror - Medium EA 5.55$ Poly Sheeting 2 mil 10' RL 42.00$ Box - Mirror - Large EA 9.00$ Poly Sheeting 2 mil 12' RL 46.00$ Box - Small EA 2.16$ Poly Sheeting 2 mil 20' RL 95.00$ Box - Wardrobe EA 17.49$ Poly Sheeting 4 mil 10' RL 64.00$ Brush - 2" Paint EA 1.45$ Poly Sheeting 4 mil 12' RL 72.00$ Brush - Nylon EA 1.95$ Poly Sheeting 4 mil 20' RL 115.00$ Brush - Wire EA 4.93$ Poly Sheeting 6 mil 10' RL 84.00$ Brush - Nylon Cup EA 35.09$ Poly Sheeting 6 mil 12' RL 98.00$ B h Wi C EA 48 56$ P l Sh ti 6 il 20' RL 163 00$

Supply List

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Brush - Wire Cup EA 48.56$ Poly Sheeting 6 mil 20' RL 163.00$Bubble Wrap 12" RL 106.34$ Respirator Filter (HEPA) PR 13.30$ Bubble Wrap 24" RL 197.84$ Respirator Filter (OVAGH) PR 30.00$ Carpet / Upholstery Cleaner GL 50.00$ Respirator Wipes BX 16.95$ Chem Sponge EA 4.68$ Sanding Disc 5" BX 38.50$ COC Crystals GL 56.10$ Scouring Pads EA 1.68$ Decon Chamber EA 141.60$ Shrink Wrap RL 28.34$ Defoamer, Crystal GL 38.00$ Soda (Soda blasting) BX 80.00$ Degreaser GL 28.00$ Soil, Virgin BG 7.14$ Degreaser, Citrus GL 32.00$ Soot Sealer GL 92.30$ Double O GL 145.58$ Spray adhesive EA 4.46$ Dry Ice BX 50.00$ Spray bottle w/trigger EA 3.65$ Duct (Mylar Disposable) 12" x 25' EA 21.63$ Steel Wool - 0000 EA 0.80$ Dust Mask BX 24.97$ Surfactant EA 20.32$ Dust Mask (N95) EA 2.30$ Tackless Strip Guard BX 132.76$ Encapsulant, Fiberlock GL 74.00$ Tape - Blue RL 9.20$ Encapsulant, Fosters GL 94.00$ Tape - Caution RL 17.00$ Eye Protection EA 5.58$ Tape - Packing RL 4.12$ Filter, Dehumidifier EA 7.50$ Tape - Double Sided RL 12.08$ Filter, HEPA - 500 EA 278.00$ Tape - Duct RL 10.88$ Filter, HEPA - 2000 EA 201.00$ Tarp, 9 x 12 EA 40.94$ Filter, HEPA Vacuum EA 159.00$ Tarp, 12 x 16 EA 54.04$ Filter, Primary EA 1.85$ Tarp, 20 x 30 EA 109.77$ Filter, Secondary EA 10.75$ Towel, Blue Shop RL 2.34$ Filter, Secondary (Charcoal) EA 34.00$ Towel, Microfiber Yellow BX 36.72$ Filter, Carbon Activated - 500 EA 77.50$ Towel, Surgical Blue LB 6.97$ Filter, Carbon Activated - 2000 EA 111.00$ Towel, Terry Cleaning LB 3.92$ Floor Protection, Carpet Mask RL 190.00$ Thermal Fog Liquid GL 132.00$ Floor Protection, Rosin Paper RL 24.95$ Tyvek (Polyethylene) EA 22.45$ Floor Protection, Masonite EA 25.96$ Tyvek (White) EA 7.90$ Furniture Blocks BX 79.93$ View Window EA 5.50$ Furniture Polish EA 7.94$ Waterproof boots EA 6.84$ Gloves, Nitrile BX 22.48$ Window cleaner GL 26.56$ Gloves, Rubber PR 1.40$ Wood Cream Cleaner EA 76.00$ Gloves, Leather PR 2.50$ Zipper, Peel & Seal EA 13.00$

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Nguyen, Tyler

From: Lisa Roben [[email protected]]Sent: Friday, April 26, 2013 3:49 PMTo: Nguyen, Tyler; Robledo, TristanCc: Steinmetz, Thom; Liz SanchezSubject: RE: Biohazard Contract Pricing

Good�afternoon�Tyler,��Thank�you�for�outlining�the�details�of�our�offer.��Yes,�items�1�and�2,�which�encompass�a�flat�5%�discount�as�well�as�other�service�charge�exclusions�would�be�applied�to�a�future�contract�between�the�County�of�Santa�Clara�and�Restoration�Management�Company.��Again,�thank�you�and�we�look�forward�to�discussing�additional�details�of�this�offer.��Best�regards,�Lisa��

�To find out more, visit our website: www.rmc.com.��

From: Nguyen, Tyler [mailto:[email protected]] Sent: Friday, April 26, 2013 3:04 PM To: Lisa Roben; Robledo, Tristan Cc: Steinmetz, Thom; Liz Sanchez Subject: RE: Biohazard Contract Pricing �Hello�Lisa��Thank�you�for�your�prompt�response.��I�wanted�to�confirm�here�again�that�based�on�our�ongoing�discussion,�that�if�awarded�the�contract:��

1. Restoration�Management�will�provide�a�flat�5%�discount�on�all�future�County�service�requests/projects�and�2. Restoration�Management�will�waive�the�“emergency�response”�charge�(listed�on�your�proposal�page�112,�of�

$161.31�(business�hours)�or�$241.96�(after�hours�or�weekends),�again�on�all�future�County�service�requests/projects.�

�I�will�huddle�with�County�stakeholders�next�week�and�will�reconvene�with�you�and�your�team.��Thank�you.��Best Regards, Tyler Nguyen Tyler Nguyen, CSP REP

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Principal Safety & Environmental Specialist County of Santa Clara Occupational Safety & Environmental Compliance (OSEC) Department Email [email protected] 441-4286 Desk Phone/Voice Mail Intranet http://OSEChttp://www.sccgov.org/sites/osec�Internet www.sccgov.org

CONFIDENTIALITY NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify the sender by return email. Thank you.

�

From: Lisa Roben [mailto:[email protected]]Sent: Friday, April 26, 2013 2:53 PM To: Robledo, Tristan Cc: Nguyen, Tyler; Steinmetz, Thom; Liz Sanchez Subject: RE: Biohazard Contract Pricing �Good�afternoon�Tristan,��After�much�discussion�and�consideration,�Restoration�Management�Company�is�proposing�a�competitive�discount�of�5%�on�all�biohazard�cleanup�services�offered�to�the�County�of�Santa�Clara.��We�understand�that�the�County�would�like�the�best�offer�and�with�that�we�believe�that�Restoration�Management�Company�offers�valued�pricing,�services�and�the�ability�to�efficiently�maintain�the�$400,000�threshold�over�the�course�of�12�months�and�consequently�over�a�3�year�contract�with�this�proposed�discount.��Please�contact�me�with�any�questions�and�again,�we�look�forward�to�continuing�to�discuss�this�contract�potential�through�its�entirety.��Respectfully�submitted,�Lisa��

�To find out more, visit our website: www.rmc.com.��

From: Robledo, Tristan [mailto:[email protected]]Sent: Thursday, April 25, 2013 2:40 PM To: Lisa Roben Cc: Nguyen, Tyler; Steinmetz, Thom; Liz Sanchez Subject: Biohazard Contract Pricing �

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Hello�Lisa;��We�want�to�thank�you�and�everyone�at�RMC�for�taking�time�to�meet�with�us�on�Tuesday�and�for�all�your�time�invested�into�the�biohazard�contract�process.��We�are�really�excited�about�moving�into�our�final�stage�and�awarding�the�biohazard�contract�to�one�of�the�two�finalist.��We�have�compared�pricing�of�RMC�and�of�the�other�finalist�and�as�we�shared�during�our�meeting,�RMC�continues�to�be�priced�higher.��In�order�to�make�your�services�more�competitive�we�would�like�to�propose�an�additional�ten�(10)�percent�discount�on�all�services�performed�under�this�contract.��Please�let�us�know�over�the�next�few�days�if�this�is�feasible�or�any�counter�offer�you�are�able�to�make.��Sincerely,��Tristan�Robledo,�ASP�Environmental�Health�&�Safety�Analyst�ESA�Risk�Management�Occupational�Safety�&�Environmental�Compliance�County�of�Santa�Clara�(408)�441�4285��


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Exhibit C – Contractor Billing Flowchart and Contact Information

SERVICE CALL FLOWCHART & POINT OF CONTACT INFORMATION

ADDITIONAL DETAILS TO RMC CALL CENTER STAFF: Name of Building Address of Building Contact phone number(s) Cause and date of loss Category of biohazard (if applicable) Impacted areas including square footage affected Age of building

YOU CALL 800.400.5058

PROVIDE DETAILS TO RMC

Name, phone number and address of County

Location/Facility

RMC RESPONDS QUICKLY

An RMC production specialist is on site

within an hour

RMC ASKS FOR YOUR APPROVAL

RMC must gain approval to proceed

RMC OFFERS SUPPORT

We provide update on our progress & offer

support throughout the process

RMC MEASURES PERFORMANCE

We survey our process upon completion with

County personnel on site

RMC CREATES TRANSPARENCY

We prepare & submit an invoice (schedule of fees

provided) to County agency/personnel

SERVICE CALL FLOWCHART & POINT OF CONTACT INFORMATION

Primary/Billing Contact: Elizabeth Sanchez Branch Manager 408.210.4671 Mobile 408.907.7363 Office [email protected] Jeni Kelly Branch Account Manager 408.726.1277 Mobile [email protected] San Jose Branch 1070 Commercial Street, #101 San Jose, CA 95112 408.907.7360 Office 408.436.1892 Fax 800.400.5058 Toll Free CA License # 765595/DOSH #874

mailto:[email protected]�

mailto:[email protected]�


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Exhibit D – Insurance Requirements for Environmental Services Contracts B2D

INSURANCE REQUIREMENTS FORENVIRONMENTAL SERVICES CONTRACTS

(HAZARDOUS WASTE DISPOSAL, REMEDIATION SERVICES, ENVIRONMENTAL CONSULTING, ETC.)

Indemnity

The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the County under this Agreement.

Insurance

Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions:

A. Evidence of Coverage

Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request.

This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor.

B. Qualifying Insurers

All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager.

C. Notice of Cancellation

All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent.


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D. Insurance Required

1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows:

a. Each occurrence - $1,000,000

b. General aggregate - $2,000,000

c. Products/Completed Operations aggregate - $2,000,000

d. Personal Injury - $1,000,000

2. General liability coverage shall include:

a. Premises and Operations

b. Products/Completed

c. Personal Injury liability

d. Severability of interest

3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County:

Additional Insured Endorsement, which shall read:

“County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds.”

Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements.

4. Automobile Liability Insurance

For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials/wastes.

4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement)


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For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft.

5. Workers' Compensation and Employer's Liability Insurance

a. Statutory California Workers' Compensation coverage including broad form all-states coverage.

b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence.

6. Contractors Pollution Liability Insurance

Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite.

7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.)

a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence/aggregate.

b. If coverage contains a deductible or self-retention, it shall not be greater than fifty thousand dollars ($50,000) per occurrence/event.

c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement.

8. Claims Made Coverage

If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that:

a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements).

b. Policy allows for reporting of circumstances or incidents that might give rise to future claims.

E. Special Provisions

The following provisions shall apply to this Agreement:

1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification.

2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved


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in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions.

3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies.

4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above.

F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments)

Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County.

Documents

AGREEMENT Approved: 05/21/2013 Between Santa Clara County … · 2006. 1. 13. · trauma scene cleanup; human bodily fluids (blood, vomit, urine, feces, and saliva, etc); sanitization