HomeMy WebLinkAbout11 - Award of Services Agreement for Video Inspection ServicesQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
June 13, 2023
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mark Vukojevic, Utilities Director - 949-644-3011,
mvukojevic@newportbeachca.gov
PREPARED BY: Joshua Rosenbaum, Sr. Management Analyst,
josenbaum@newportbeachca.gov
PHONE: 949-644-3011
TITLE: Award of Services Agreement for Video Inspection Services
ABSTRACT:
The Utilities Department utilizes an on -call contractor to video inspect the conditions of
its sewer and storm drain system with specialized video equipment. As directed by staff,
the contractor uses a high -definition robotic video camera to crawl through pipelines,
assessing conditions and locating damage and obstructions. The Utilities Department
issued a Request for Bids solicitation (RFB 23-59). Following the review process of the
submitted bids, Utilities staff recommends awarding a contract to the lowest responsible
qualified bidder, Mattucci Plumbing, Inc., for video inspection services.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve Maintenance/Repair Services Agreement with Mattucci Plumbing, Inc., for
video inspection services for a five-year contract term with up to a total contract
compensation amount of $2,000,000, and authorize the Mayor and City Clerk to
execute the Agreement.
DISCUSSION:
The Utilities Department maintains hundreds of miles of wastewater and storm drain
pipelines and laterals. As part of the department's Sanitary Sewer Management Plan,
pipelines are inspected with videos to assess the condition of pipes while checking for
obstructions, infiltration or other deficiencies. Contractors utilize a high -definition robotic
camera that crawls through pipelines, giving staff the best ability to evaluate conditions.
Video inspections of the wastewater and storm drain systems allow the department to
identify and correct issues before a wastewater spill or storm drain blockage occurs.
Deficiencies found are then prioritized for repairs using City of Newport Beach (City)
crews or contract resources.
Award of Services Agreement for Video Inspection Services
June 13, 2023
Page 2
A department goal is to video inspect 20 miles of wastewater system annually, with an
overall goal of inspecting the entire system every 10 years. In addition to the typical
system inspections, the department performs 23 miles of hot spot inspections on an
annual basis. Further, the Utilities Department inspects the storm drain system on an
as -needed basis.
On March 16, 2023, RFB 23-59 was posted on PlanetBids with proposals due on
April 13, 2023. Several contractors were notified of the RFB and the City received
six bids. Bidders were asked to provide their cost on a per linear foot basis. The resulting
bids were:
RANK
BIDDER
TOTAL BID AMOUNT
(Combined Wastewater and Storm
Drain pipeline, per linear foot costs)
Low
Mattucci Plumbing
$4.31
2nd
Pipe Tech Inc
$6.70
3rd
National Plant Services
(revised price, no minimum
linear foot threshold)
$7.50
4th
Pro -Pipe, Inc.
$8.26
5th
Downstream Services, Inc.
$8.76
6th
Houston & Harris PCS, Inc.
$8.81
The lowest responsible bidder was determined to be Mattucci Plumbing, Inc. The
contractor was invited to the Utilities Department for an in -person meeting to demonstrate
its specialized truck -mounted video inspection equipment and to meet its staff. Combining
a review of the contractor's work experience, reference checks, and the in -person
meeting, Utilities staff is confident that Mattucci Plumbing can perform the video
inspection services at a high level. Therefore, staff recommends awarding a contract to
Mattucci Plumbing, Inc., for a five-year contract term with a total contract compensation
amount of $2 million. Utilities anticipates spending about $300,000 per year for video
inspection services for the wastewater system and $100,000 per year for similar services
for the storm drain system.
FISCAL IMPACT:
The previous 10-year video inspection contract initiated in 2013 was significantly lower
than the current pricing. New contracts now require prevailing wage rates for local
agencies. The proposed budget includes sufficient funding for this agreement. Funding
for the work in this agreement is estimated at $400,000 annually from maintenance and
repair accounts from the wastewater and storm drain programs as well as the Public
Works Department's Capital Improvement accounts.
11-2
Award of Services Agreement for Video Inspection Services
June 13, 2023
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Services Agreement with for Video Inspection Services
11-3
ATTACHMENT A
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH MATTUCCI PLUMBING INCORPORATED FOR
VIDEO INSPECTION SERVICES
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 13th day of June, 2023 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and MATTUCCI PLUMBING INCORPORATED, a
California corporation ("Contractor'), whose address is 13528 South Western Avenue,
Gardena, CA 90249, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on -call maintenance and/or repair
services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on May 30, 2028, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
11-4
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available,
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Two Million Dollars and 00/100 ($2,000,000.00),
without prior written amendment to the Agreement.
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4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Steve Powers to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
Mattucci Plumbing Incorporated Page 3 11-6
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Utilities Department. City's Utilities
Manager or designee shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
Mattucci Plumbing Incorporated Page 4 11-7
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services shall not be responsible in any manner for any loss
or damage to any of the materials or other things used or employed in performing the
Project or for injury to or death of any person as a result of Contractor's performance of
the Services required hereunder; or for damage to property from any cause arising from
the performance of the Project and/or Services by Contractor, or its subcontractors, or its
workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
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9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
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14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement orfor other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
Mattucci Plumbing Incorporated Page 7 11-10
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
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to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
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24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Utilities Manager
Utilities Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Steve Powers
Mattucci Plumbing Incorporated
13528 South Western Avenue
Gardena, CA 90249
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
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dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
Mattucci Plumbing Incorporated Page 11 11-14
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
Mattucci Plumbing Incorporated Page 12 11-15
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Mattucci Plumbing Incorporated Page 13 11-16
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR EY' OFFICE
Date:
By: 7(1-
VA�yy
C. H
tt ey DID
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Noah Blom
Mayor
CONTRACTOR: MATTUCCI
PLUMBING INCORPORATED, a
California corporation
Date:
By:
Silvana Mattucci
Chief Executive Officer,
Chief Financial Officer
Date:
By:
Guido Mattucci
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C
— Insurance Requirements
Exhibit D
— Labor and Materials Payment Bond
Exhibit E w- Faithful Performance Bond
Mattucci Plumbing Incorporated Page 14 11-17
EXHIBIT
SCOPE OF SERVICES
Mattucci Plumbing Incorporated Page A-1 11-18
SCOPE OF SERVICES
Objective:
Contractor shall provide on -call Video Inspection Services.
Minimum Qualifications:
• The required qualifications include at least five (5) years of experience conducting video
inspections of sewer and storm drain lines.
• All video operators shall be National Association of Sewer Service Companies (NASSCO)
certified by passing the three (3) day Pipeline Assessment and Certification Program
(PACP).
• Contractor shall use or be able to fully integrate the newest version of Pipelogix
software into their video inspection services.
• Have qualified personnel who have prerequisite knowledge and experience.
Description:
OVERVIEW
Wastewater:
Inspection services are required for the approximately 198 miles of sewer mains and
laterals in the City. Sewer lines are typically vitrified clay pipe (VCP) and polyvinyl chloride
(PVC), but also may also be made from cast iron, ductile iron and steel. They range in
size from six (6) to twenty-one (21) inches in diameter, with some four (4) inch house
laterals. Of these 198 miles, approximately 7 miles (37,894 linear feet) of sewer, are
considered "repair" areas, which require annual inspection and assessment until they are
repaired. Another 15.72 miles (82,986 linear feet) are areas considered to be "hot spots".
These areas consist of lines which, due to preexisting conditions, require annual
inspection and maintenance. The remaining lengths of pipe are inspected once over a
period of ten (10) years. The awarded contractor is expected to take on the sewer video
inspection services for the areas as mentioned above. It is important to note that the areas
and lengths as stated above are not static. All areas are subject to change as a result of
lines being repaired, areas being placed into hot spot or repair categories, etc.
Storm Drains:
Video inspections of the storm drain system are done on an as needed basis. The storm
drain lines are typically reinforced concrete pipe (RCP) and corrugated metal pipe (CMP)
but may also be made from polyvinyl chloride (PVC), asbestos cement pipe (ACP) and
corrugated plastic pipe (CPP). They range in size from six (6) to seventy-eight (78) inches
in diameter.
Maps are shown in Attachment1 and contain further detail.
The following is a list of the services that may be requested by the City during a typical
contract engagement for sewer video inspection services.
11-19
SCOPE OF SERVICES
GENERAL REQUIREMENTS
Contractor shall furnish all labor, materials, equipment, and incidentals necessary for the
video inspection of various lengths and sizes of sanitary sewers and storm drains located
throughout the City of Newport Beach - as shown in the maps attached in Attachment 1.
Contractor shall provide a minimum of a two -person crew at all times. While not normally
done, Contractor must also be capable of inspecting four (4) and six (6) inch house
laterals, if necessary, and at the direction of the City.
The City shall provide the Contractor a digital set of maps and datasets for their use. The
maps will show the locations of pipes and manholes. Typical data in the datasets shall
include pipe size, pipe material, pipe slope, manhole ID numbers, locations, and lateral
locations. City shall provide updated maps and datasets as work progresses or as
necessary.
Payment shall be made based on invoices reflecting the actual acceptable video
recording of inspections.
All attempts will be made to have sewers cleaned sufficiently by others for the Contractor's
camera to pass through the pipe. Contractor shall perform the inspection in the direction
of flow, from upstream manhole to downstream manhole, when at all possible.
Reverse setups (i.e. resetting the inspection equipment to begin inspection from the
opposite manhole due to obstruction, etc.,) shall be paid at the unit price per reverse
setup. In the event that the camera encounters broken pipe, etc., and there is a possibility
that continuation of the inspection could cause the camera to become stuck or result in
additional pipe damage or collapse, it is the responsibility of the Contractor to discontinue
the inspection.
Pipelines with excessive debris prohibiting the camera to successfully inspect the pipe
section shall be subject to a minimum set up fee as indicated in Contractor's Schedule of
Billing Rates.
CONTRACTOR REQUIREMENTS
Contractor must be qualified to perform the work as noted in these specifications and
have a minimum of five (5) years experience conducting video inspections of sewer and
storm drain lines. All video operators shall be National Association of Sewer Service
Companies (NASSCO) certified by passing the three (3) day Pipeline Assessment and
Certification Program (PACP). The methodology of evaluation, data collection and
reporting criteria used for the NASSCO certification shall be practiced for all sewer video
inspection evaluations as specified in the scope of work.
Contractor must be able to communicate clearly, both verbally and in writing, with City
staff. Contractor shall be fluent in the English language for work direction and safety
11-20
SCOPE OF SERVICES
purposes and shall also demonstrate the capability to read, interpret, and understand the
City's atlas drawings. All work and equipment utilized shall conform to FED -OSHA and
CAL -OSHA Title 8 requirements, including, but not limited to work performed in confined
spaces and/or gas hazardous environments. Contractor shall also comply with City safety
requirements.
PERMITS AND ACCESS
Contractor shall acquire and pay all required fees and licenses for any encroachment
permits required when inspections are necessary on other jurisdictions' right-of-ways. City
will reimburse contractor for permit fees only.
Access: For inspections where entry must be made onto homeowner's property, notice
must be given for permission to enter property. Coordination of inspection will be made
through the Utilities Wastewater Supervisor or his/her designee. The Supervisor shall be
notified one week in advance of the Awarded Contractor's anticipated work in the area.
They will provide assistance with manhole access and make arrangements as needed
for entry onto private property for the inspection of pipelines in easements.
WORK HOURS/SCHEDULING
Contractor shall develop an annual work plan with assistance from the City. This plan
shall describe the suggested areas and timeframes for work to be performed. Contractor
shall take into account all seasonal and holiday variations in population and traffic, and
shall conduct work so as to interfere as little as possible with public vehicular or pedestrian
traffic. Work plans shall be discussed with, reviewed and approved by the City prior to
commencement of annual work.
Contractor shall give notice to City for any variations or deviations from the annual work
plan. City reserves the right to request modifications to the annual work plan should the
need arise.
Contractor's normal working hours shall be 7:00 a.m. to 4:30 p.m., Monday thru Thursday
and 7:00 a.m. to 3:30 p.m. Friday. However, if scheduled work outside normal hours is
required because of excessive flow or busy traffic zones, special arrangements must be
made by the Contractor so that no overtime is realized by the City. It is anticipated that
inspections on lines with 12-inch and larger diameters may be performed at night.
AFTER HOURS AS -NEEDED EMERGENCY RESPONSE
Contractor shall supply contact information for a 24-hour contact. The contractor shall
respond to the initial call within 1 hour and have staff on -site within 4 hours of initial
contact.
TRAFFIC CONTROL
11-21
SCOPE OF SERVICES
All traffic control shall be in accordance with the latest Cal Trans Manual of Traffic Control.
Additional local regulations shall have precedence. Contractor shall apply for all traffic
control permits and pay all fees and permits for said permits. City shall reimburse
contractor for permit fees only.
Safe and adequate pedestrian and vehicular access shall be provided in accordance with
Section 7-10 of the Standard Specifications for Public Works Construction (Green Book)
and the Work Area Traffic Control Handbook (WATCH) in their most current editions. City
will arrange for any complicated traffic control plans required and performed.
NOTE - inadequate or improper signage and delineation for traffic control may be cause
for cancellation of the work and non-payment.
NOISE REQUIREMENTS
Contractor shall follow any limits to work hours and nighttime schedules if imposed upon
by the City or other jurisdictional entity. Contractor shall provide any and all necessary
equipment to minimize noise in the residential neighborhoods. Contractor shall
incorporate this factor into its unit costs.
CONFINED SPACE PROCEDURES
The video inspection shall be conducted from above ground. Manhole/structure entry, if
required, shall be conducted in strict accordance with permit required confined space
entry regulations. These regulations include, as minimum, compliance with all state and
federal OSHA requirements, as well as City safety requirements.
These requirements include, but are not limited to: An entry permit, trained, authorized
entrant(s), attendant(s), entry supervisor(s), full body harness (with life line), mechanical
retrieval device, continued force air ventilation, continuous air monitoring, communication
system (minimum two types), and all other protective equipment that may be required.
Video inspections shall be conducted in accordance with all Federal, State, and local laws
and regulations.
All manholes in this work are defined as Title 8 Permit Required Confined Spaces. The
Contractor's attention is directed to the General Industry Safety Orders of the State of
California, Article 108, Confined Spaces, Section 5157 (Title 8 of California Code of
Regulations, Sections 5167, 5157, 5158). Contractor shall attend a safety meeting at City
prior to the commencement of work for the purpose of reviewing the Contractor's safety
manuals, the Contractor's knowledge of Title 8, and to discuss all safety aspects of the
job. Work shall only commence with the City's approval.
11-22
SCOPE OF SERVICES
EQUIPMENT
Pipeline video inspection equipment shall include video cameras, a video monitor, cables,
power sources, and all equipment necessary to perform a sewer video inspection per the
scope of work. A backup camera shall be available and on site at all times. Equipment
shall be capable of recording reaches of up to 1,900 feet in one direction.
All pipeline video inspection equipment shall be no more than five (5) years old at the
start of the agreement.
Equipment shall be maintained both visually and operationally. Paint and body of the
vehicle will be maintained in good condition with no visible rust or body damage. Vehicle
engines shall be routinely maintained to ensure minimal downtime. Camera and video
equipment shall be maintained to manufacturers specifications.
City shall provide the Contractor with a digital copy of the sewer or storm drain atlas data
for the inspection requested; in cases where a digital copy is unavailable, a work order
listing the line segments to be inspected, along with any necessary maps, may be
provided.
The camera shall be specifically designed and constructed for video inspections in a
sanitary sewer environment, shall be intrinsically safe, tested, and labeled as explosion
proof. The camera will be operative in 100 percent humidity conditions. The camera and
video monitor shall produce a minimum 720 x 576 pixels. Illumination sensitivity shall be
3 lux or less. During inspection, lighting intensity shall be adjusted to minimize reflective
glare. Lighting and picture quality shall be adjusted to provide a clear, in -focus picture of
the entire periphery of the pipeline for all conditions encountered. Camera focal distance
shall be adjustable through a range from 25mm (1-inch) to infinity.
At predetermined times during the contract period the camera shall be pointed at a simple
television chart that proves the camera's lack of distortion, resolution and the ability to
view colors accurately. This chart shall be provided by the City. The resulting test shall
be recorded in high -quality digital video format so that the recorded quality can be
assessed. If the quality of the evaluation testing proves to be poor, the contractor shall
repair or replace the equipment in order to deliver a high quality recording.
Sewer video inspections shall be performed using Pan -and -Tilt camera (with a minimum
of 360x270-degree rotation) video system. Contractor shall have the capability to perform
"Inclinometer" surveys if requested.
Manual winches, power winches, TV cable powered rewinds, or other devices that do not
obstruct the camera view or interfere with proper documentation of the sewer conditions
shall be used to move the camera through the sewer lines whenever non -remote powered
and controlled winches are used to pull the television camera through the line,
telephones, radios, or other suitable means of communication, will be set up between the
11-23
SCOPE OF SERVICES
two manholes of the section being inspected to ensure that adequate communications
exist between the members of the crew.
Floatable camera equipment may be required for large diameter pipes with substantial
flow.
Contractor shall have available a main line launched lateral evaluation inspection system.
This shall be a separate bid item only to be paid when in use for lateral inspections if and
when requested by the City.
A color video recording in high -quality digital video (format must be approved by City) will
be made of the video inspection and submitted to the City's Project Administrator or
his/her designee, along with the required Inspection Report and log sheets. Each file shall
be labeled as detailed herein. The file shall also contain a still image of the noted defects
in high -quality digital still (JPEG or City -approved equivalent) format at a total resolution
of no less than three (3) megapixels and no greater than eight (8) pixels. In addition,
electronic files formatted for use in its Geographic Information Systems (GIS) database,
will be submitted as detailed herein.
PROCEDURE
The camera shall be lowered into the manhole and placed into the pipe. The camera
cable shall be retracted to remove slack to ensure an accurate footage reading. The cable
footage counter shall be reset to the distance between the centerline of the manhole and
the front lens of the camera. The camera shall move through the pipeline in a downstream
direction whenever possible at a maximum uniform rate of 30 feet per minute for all
pipelines. The cable footage -counter shall measure the distance between each inspection
segment - centerline to centerline. The counter shall be accurate to less than 1- percent
error over the measured distance.
The digital recording shall be paused by the operator at any time there is a pause in the
inspection, and restart the digital video recording in the same digital file. The pause shall
in no way affect, freeze, or interrupt the replay of the video and shall not close the video
file during the inspection. Failure to pause the recording during delays will be cause for
rejection of that file.
The camera shall stop at all significant observations to ensure a clear and focused view
of the pipe condition. The camera's zoom feature may be required for a clear view of
significant observations. Each observation shall be documented by text overlay on the
video file and voice recording, with the exception of ongoing conditions such as hairline
cracks and hair roots at most joints - in which case a general observation shall be
documented. The observations shall also be noted on the inspection report with stationing
referenced. These observations shall include but not be limited to:
o Laterals - open or sealed (factory or tapped)
11-24
SCOPE OF SERVICES
o Laterals - protruding or defective
o Cracks
o Fractures
o Offset joints
o Open joints
o Sags
o Line deviations
o Siphons
o Missing sections
o Infiltration
o Debris
o Grease
o Roots
o Vermin
o PVC liner or weld strip defects
Operator shall provide a 360-degree pan of all manholes including incoming laterals.
Camera lens shall be kept clear of condensation and debris. Recorded footage showing
excessive steam, inadequate lighting, excessive glare, or other poor image quality will be
cause for rejection and nonpayment by the City.
Recordings with excessive distortion or discoloration shall be rejected and subject to re -
inspection of the rejected segment(s).
If during the inspection operation the Contractor encounters a condition where public
safety is threatened (such as, but not limited to, a pipe hole, pipe collapse, stoppage,
blockage and/or eminent sewer spill) the Contractor shall notify the City immediately.
Furthermore, Contractor shall provide a digital copy of the section of line containing the
condition within 24 hours to the City.
If during the inspection operation the television camera cannot pass through the entire
manhole section (obstruction, etc.), the Contractor will re -set up his equipment in a
manner so that the inspection can be performed from the opposite manhole. Minimum
set up fee shall apply. If, again the camera fails to pass through the entire section, the
Contractor will notify City's representative(s) immediately for further instructions.
If during the inspection operation, the camera becomes jammed inside the sewer and
cannot be retrieved, the Contractor shall not excavate the pipe to retrieve it. Contractor
11-25
SCOPE OF SERVICES
shall notify City immediately for assistance, but it remains the Contractor's responsibility
to remove the camera and ensure that the sewer is not damaged.
Reverse Setup: Whenever non -remote powered and controlled winches are used to pull
the television camera through the line, telephone, radios or other suitable means of
communication shall be set up between the two manholes of the section being inspected
to ensure that adequate communication exists between members of the crew.
FLOW CONTROL
Depth of Flow:
o Recommended Maximum Depth of Flow for video inspection shall be 25
percent, unless otherwise specified by the City.
o At low flow hours and after all possible flow diversions have been made, if
the depth of flow is greater than recommended for video inspection, it may
be necessary to reduce flow by plugging or bypassing the line. All plugging
and/or bypassing shall be at the discretion of City and shall be conducted
by the City or a City -approved contractor.
Spill Reporting and Handling:
o In the event of any Contractor -related overflow or interruption/backup of
customer service, the Contractor shall immediately notify the City and shall
contain and control all overflow.
o Contractor shall be responsible for any fines levied by others,
reimbursement of any agency incurred costs, damage, cleanup, restoration
of flow, and any disruption of service costs to customers as of a result of
Contractors work. This is in addition to any and all costs incurred by the
customer.
PIPELINE VIDEO INSPECTION REPORT AND VIDEO RECORDING
Upon completion of the video inspection, the Contractor shall provide the agency with all
original recordings and an Inspection Report that includes the following:
o Brief summary of the work performed
o PACP quick rating summary list of all pipeline segments inspected (i.e.
manhole to manhole). To include QSR, QMR, SPR, MPR, OPR , SPRI,
MPRI, and OPRI
o Inspection reports (log sheets) of each segment
o All original recordings
11-26
SCOPE OF SERVICES
o Summary list of recorded defects
o Photographs of major defects for each pipeline segment. (in JPEG format)
o Sewer maps/plans given to contractor by the City for inspection purposes.
o Electronic files of inspection data
Minimum documentation shall consist of the Video Recording(s) and the Sewer Video
Inspection Report. The Inspection Report for each segment shall be as specified above
and shall contain one or more of the following as directed by City:
o Agency project or Contract number
o Video date
o Video time
o Weather condition
o Contractor name
o Contractor job number
o Operator(s) name
o Street name or location
o Cross street name or location
o Surface material (asphalt, concrete, dirt, etc.)
o Construction drawing number and sheet number
o Manhole number (access point) - up
o Manhole number (access point) - down
o Manhole to manhole segment number
o Manhole depth - up
o Manhole depth - down
o Basin or Area
o Direction of camera
o Pipe - size
o Pipe - shape
o Pipe - material
o Pipe - age
o Pipe - slope
o Pipe - drop (total invert elevation change)
11-27
SCOPE OF SERVICES
o Pipe - footage centerlines (on plan, if available)
o Pipe - footage centerlines (on sewer video)
o Pipe - flow up (percent of pipe at inlet or height of flow)
o Pipe - flow down (percent of pipe at outlet or height of flow)
o Pipe - joint lengths
o Digital video file number/media number
o Observation descriptions
o Schematic of pipeline showing laterals and observations
o Clock position of noted observations
o Photographs of major defects or typical pipe condition
o Notice of severely worn manhole covers
o Notice of severely deteriorated manhole concrete structures
o Notice of severely deteriorated manhole liners or coatings
o Pipeline pre -cleaned prior to inspection? Yes or no
o Purpose of survey
A defect coding system, acceptable to City's representative(s) shall be used to log all
defects discovered. A copy of the coding system shall be kept with the Contractor on -site.
The contractor shall cross-reference his software's defect coding and rating system to the
WRC defect coding and rating system on the Inspection Report and also the Summary
List of Recorded Defects.
Voice recordings on the video shall be clear, complete, distinct, and in English. The audio
description shall be made on a real-time basis and not in any voice over manner after the
video image is recorded.
A vocal description shall be recorded at the beginning of each tape and at the beginning
of each inspection while the "Initial Screen Text" is displayed. A voice recording shall also
be performed during each observation and at the conclusion of each inspection.
Inappropriate language or idle chatter are not acceptable and shall be grounds for
rejection of work by the City in accordance with the contract. If rejected, the
nonconforming videotape(s) shall be corrected to comply at no cost to the City.
Color video recordings of the data on the monitor shall be made by the Contractor.
Digital copies of these are to be made on a suitable digital format and provided to City on
a portable hard drive. Mechanisms to ensure data integrity and to prevent accidental
11-28
SCOPE OF SERVICES
erasure from the medium shall be in place before submittal. Title to the digital video will
remain with City. The Contractor shall have all recordings and necessary playback
equipment readily accessible for review by the City's representative during the term of the
contract.
INITIAL SCREEN TEXT
Each pipe segment (manhole to manhole) shall be identified with an initial screen text
and voice recording and shall include the following:
o City of Newport Beach
o Work order number
o Date
o Time
o Weather
o Contractor name
o Contractor operator name(s) and PACP certification number
o Street/location name
o Manhole number up (start manhole)
o Manhole number down (end manhole)
o Direction of camera/survey - with or against flow (downstream/with flow or
upstream/against flow)
o Pipe material(s) - as specified on plans
o Pipe footage - as specified on plans
o Pipe size - as specified on plans
RUNNING SCREEN TEXT
During the video inspection, the running screen shall show the running footage (distance
traveled) and the following text information at the bottom of the screen:
o Manhole number upstream
o Manhole number downstream
o Pipe size
o Pipe length
o Date
o Time of day
11-29
SCOPE OF SERVICES
o The format of the above text information shall be as shown in the following
example:
0 "MH32_0011 MH32_002 (12"-410') 01012013 — 10:20A.M.
ENDING SCREEN TEXT
At the end of each pipe segment, an ending screen text and voice recording shall include
the following-
0
"End of segment inspection"
o Condition that prevented complete inspection (If Applicable)
o A City representative shall review and approve the screen layout prior to
inspection. The display on the screen shall be temporarily moved or turned
off as required to obtain the highest quality documentation on the pipeline
defects.
PIPELINE VIDEO RECORDING LABELS
o Each video recording may contain one or more pipe segments. The medium
shall have the "top" label affixed to the outside of the medium case. The top
label shall contain the following text information:
o City Work Order Number
o Summary of pipeline segment(s) each listing shall show:
• Manhole number — up (start)
• Manhole number — down (end)
• Pipe Size
• Pipe Material
• Lengths: Plan and sewer video recording
• Video number
• Dates of CCIV
• Contractor name
ELECTRONIC DATA FILE REQUIREMENTS
Contractor shall provide the following files to City for each segment inspected:
o Video Inspection Data Table
o Video Inspection Observation Listing
Contractor shall have the ability to import City of Newport Beach shape files and export a
link of their surveys to a City of Newport Beach Data base. Contractor shall have the
11-30
SCOPE OF SERVICES
ability to work with City in establishing and improving upon existing electronic data files
and formats.
Contractor shall use the newest version of Pipelogix software , with the ability to use the
City's Data Base with imported pipes and assets and link their surveys to our assets to
view on the City's Geographic Information Systems (GIS) database.
QUALITY ASSURANCE/SUBMITTALS
Contractor shall review inspection package and correct any errors prior to submittal to
City. Errors discovered by City staff will result in the return of the inspection submittal to
the contractor for correction before payments will be processed. Frequent returns for
correction may be cause for cancellation of the contract. Inspection submittals shall be
delivered to City within one week of completion of the inspection. Frequent delays in
deliverables may be cause for cancellation of the contract.
USE OF CITY EQUIPMENT AND LABOR
City equipment and labor, except for City's representative to monitor the Work, shall not
be utilized at any time.
RESEALING MANHOLE COVERS
Contractor shall reseal all manholes with City approved duct seal within 24 hours after
work is completed. City shall provide the contractor with the sealing material. Work area
around the manhole is to be swept clean of all debris.
ATTACHMENTS
1. Four (4) Maps - (CCTV Total; CCTV Service Area; Diameter Type Total; Material Type Total)
11-31
■ m ■
ML A�.
L- lz
R,112
ATTACHMENT 1
Wastewater CCTV
(€7 Service Areas
City of Newpurt Beach
UPPER
NEWPOR7
BAY
1 u.0 N.. ", /N
� .• o � � � 11
t/ SLA 6
».ter LIDO ....,
AA— ISLAND •''
.,
W+ PACIFIC OCEAN
s �
CCTV Service Area
Total 1.045,963 LF 0 0.25 0.5 €
I" I98 €A l- Moos
Fbury+Xltf IMY_CCTY BwiWrw ttA7
x♦:WPPAi evws,
11-33
Wastewater CCTV
Service Areas
_. C't, I,I Arl+�url Beach
Diameter Total
1,040,585 LF
197 Mlles
— 61nch 23M2LF
— 6Inch 929.934 LF
— 10111h 53,968 LF
— 12 inch 23,236 LF
y
W+I.
— 14 inch 271 LF
555YYYs
15Inch 14,076 LF
16 I-h 381 LF
--- 181nch 2.675 LF
0 0.25 0.5
— 211nch 85 LF
Mi-
I
IJPPER
NEWPORT
BAY
Hlll
��L L' • BAt Bop isrpHa '
PACIFIC OCEAN
1
E F.wnrreou ww_oerv_s.vk.Ane 1i.,r
A9NION
StA
•' RIOG6 Rr
11-34
ATTACHMENT I
Wastewater CCTV
Service Areas
C11 of Ne,Forl Beach
NEWPOFT
BAY
?
%
f-f I
Material Type Total
1,040,585 LF
BALBOA ISLAND
197 Miles
CIPP 281 LF
- CIP 1269 LF
- C-ONC 1.83I LF
DIP 916 LF
HDPE 04OLF
- PLDIP 344 LF PACIFIC OCEAN
- PVC 107.951 LF
SSP 919LF
VCP 922.529 LF 0 025 0.5 1
VVSP 3,640 LF Wes
11-35
EXHIBIT B
SCHEDULE OF BILLING RATES
Mattucci Plumbing Incorporated Page B-1 11-36
EXHIBIT B:
SCHEDULE OF BILLING RATES
PIPELINE VIDEO INSPECTION COST ITEMS
Item Description of Service
Price Per Unit as Noted LF, Set Up, Hour
Video of all pipes, sizes and types to
1
comply with the ten-year program (20
(Complete Cost: inclusive of
miles/105,600 LF per year)
all labor, materials,
$ 1.31 / LF
equipment, minimum call
Based on a 10_3 a plan of completion
out fees, video upload, etc).
(175.12 miles / 924,634 LF
Video of all pipes, sizes and types to
(Complete Cost: inclusive of
2
comply with "hot spot", and point repair
$1.31 / LF
all labor, materials,
yearly video (15.72 miles/ 82,986 LF
equipment, minimum call
plus 7.18 miles/37,894 LF)
out fees, video upload etc.)
3
Main line launched lateral evaluation
$ 290.00
If required, per set up
(complete cost, must also
inspection system
/Set Up
include video upload)
$ 235.00
One-time fee for each
4
Reverse Set Up Initiation Fee
/Set Up
reverse set up if/when
required
If required, per each reverse
$ 255.00
set up in addition to
5
Reverse Set Up Rate
/Hour
initiation fee (complete cost,
must also include video
upload)
(Complete Cost: inclusive of
6
After Hours/ Weekends and Holidays
$ 579.00
all labor, materials,
/Hour
equipment, minimum call
out fees, video upload etc.)
11-37
STORM DRAIN VIDEO INSPECTION COST ITEMS
Item
Description of Service
Price Per Unit as Noted
LF, Set Up, Hour
(Complete Cost: inclusive of
1
Video of storm water pipes from 6" to 28"
$ 1.50 /LF
all labor, materials,
equipment, minimum call out
fees, video upload, etc.).
(Complete Cost: inclusive of
2
Video of storm water pipes from 30" to
$ 1.50 /LF
all labor, materials,
78"
equipment, minimum call out
fees, video upload, etc.).
4
Reverse Set Up Initiation Fee
$ 235.00 /
One-time fee for each reverse
Set Up
set up if/when required
If required, per each reverse
5
Reverse Set Up Rate
$ 255.00
set up in addition to initiation
/Hour
fee (complete cost, must also
include video upload)
(Complete Cost: inclusive of
6
After Hours/ Weekends and Holidays
$ 579.00
all labor, materials,
/Hour
equipment, minimum call out
fees, video upload etc.)
TRAFFIC CONTROL
Item
Description of Service
Price Per Day
As needed (Complete Cost:
1
Traffic Control
$2,070.00
inclusive of all labor,
materials, equipment,
minimum call out fees.
11-38
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. General Liability Insurance_. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
Mattucci Plumbing Incorporated Page C-1 11-39
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Umbrella or Excess Liability Insurance. Contractor shall obtain and
maintain an umbrella or excess liability insurance policy with limits of not
less than one million dollars ($1,000,000) that will provide bodily injury,
personal injury and property damage liability coverage at least as broad as
the primary coverages set forth above. Such policy or policies shall include
the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that
any primary insurance limits are exhausted by paid claims;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies,
• Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
E. Pollution Liability Insurance. If required, Contractor shall maintain a policy
providing contractor's pollution liability ("CPL") coverage with a total limit of
liability of no less than one million dollars ($1,000,000) per loss and two
million dollars ($2,000,000) in the aggregate per policy period. Claims -
made policies require a 5-year extended reporting period. The CPL policy
shall include coverage for cleanup costs, third -party bodily injury and
property damage, including loss of use of damaged property or of property
that has not been physically injured or destroyed, resulting from pollution
conditions caused by contracting operations. Coverage as required in this
paragraph shall apply to sudden and non -sudden pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids, alkalis,
toxic chemicals, liquids, or gases, waste materials, or other irritants,
contaminants, or pollutants. The CPL shall also provide coverage for
transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured versus
insured" exclusion or "cross -liability" exclusion) the effect of which would be
to prevent, bar, or otherwise preclude any insured or additional insured
under the policy from making a claim which would otherwise be covered by
such policy on the grounds that the claim is brought by an insured or
additional insured against an insured or additional insured under the policy.
Mattucci Plumbing Incorporated Page C-2 11-40
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Contractor or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
Mattucci Plumbing Incorporated Page C-3 11-41
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Mattucci Plumbing Incorporated Page C-4 11-42
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Mattucci Plumbing Incorporated Page C-5 11-43
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
Mattucci Plumbing Incorporated Page D-1 11-44
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Mattucci Plumbing Incorporated Page D-2 11-45
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 } ss.
On 20 before me,
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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.
(seal)
State of California
County of } ss.
On 20 before me, ,
Notary Public, personally appeared ,
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Mattucci Plumbing Incorporated Page D-3 11-46
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Mattucci Plumbing Incorporated Page E-1
11-47
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Mattucci Plumbing Incorporated Page E-2
11-48
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 ? ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
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 } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Mattucci Plumbing Incorporated Page E-3 11-49