HomeMy WebLinkAbout10 - Sewer Video Inspection Services�a�WPORr == CITY OF
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NEWPORT BEACH
°9,FOaN'P City Council Staff Report
Agenda Item No. 10
July 23, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Municipal Operations Department
Mark Harmon, Director
949 - 644 -3055, mharmon @newportbeachca.gov
PREPARED BY: Raymund Reyes, Management Assistant
APPROVED: A Y�
TITLE: Approval of an Agreement with Houston and Harris PCS, Inc. for
Sewer Video Inspection Services
ABSTRACT:
The City of Newport Beach monitors the conditions of its sewer system through the use
of specialized video equipment. Sewer video inspections are currently performed by
City staff. A request for proposal (RFP) was issued in order to solicit proposals from
outside contractors to provide this service. Based on a combination of qualifications
and cost, Houston and Harris PCS, Inc. has been selected as the highest rated firm.
RECOMMENDATION:
1. Approve an agreement with Houston and Harris, Inc. for sewer video inspection
services and authorize the Mayor and City Clerk to execute the agreement.
2. Approve Budget Amendment No. 14BA 004 appropriating $67,000 from
wastewater fund reserves for sewer video inspection services to the CCTV
Maintenance account (5600 - 8158).
FUNDING REQUIREMENTS:
Staff requests a Budget Amendment to fund the annual cost of sewer video inspection
services. Budget Amendment No. 14BA 004 records and appropriates $67,000 in
increased expenditure appropriations from unappropriated wastewater fund reserves.
This amount will be offset by the reduction in Department costs related to these
services.
Approval of an Agreement with Houston and Harris PCS, Inc. for Sewer Video
Inspection Services
July 23, 2013
Page 2
DISCUSSION:
Background
The City's Wastewater Master Plan and the Sanitary Sewer Management Plan mandate
that the City monitor the condition of the pipes and check for obstructions, infiltration, or
other problems. Sewer video inspections are currently performed by the Municipal
Operations Department. Staff conducts inspection services for approximately 198 miles
of sewer lines in the City. Of these 198 miles, 22.9 miles of sewer are considered to be
"repair" and "hot -spot` areas. These areas require annual inspection and assessment
due to preexisting conditions or damage. The remaining portions of pipe (175.1 miles)
are inspected over a ten (10) year period per the City's regular maintenance program.
Combined, approximately 40 miles of sewer are inspected on an annual basis.
RFP Process
RFP 13 -38 was released on April 8, 2013, distributed to known contractors and
agencies, and posted on the City's website with a due date of April 15, 2013. A total of
nine (9) submittals were received and evaluations were completed by a panel of staff
members. Based on a combination of qualifications and experience, work plan and
methodology, ability to deploy the requested services, and cost, Houston and Harris
PCS, Inc. was selected as the highest rated firm. Houston and Harris PCS, Inc. has
provided similar work for the cities of Santa Ana, Fontana and Buena Park.
Firm
Total Score (100 Points)
Annual Cost*
Houston and Harris PCS, Inc.
76.67
$ 63,582.71
Propipe
76.08
$ 99,712.27
Innerline Engineering
74.90
$ 116,639.95
Empire Pipe Cleaning
71.45
$ 170,621.09
Irvine Ranch Water District
70.95
$ 153,622.66
National Plant Services
69.22
$ 101,349.07
Norcal Pipeline Services
57.00
$ 165,715.44
Terra Contracting Services
51.22
$176,239.01
Murgreen Environmental
50.26
$ 153,978.00
*Annual cost based on the submitted per linear foot rates multiplied by the length of pipe inspected per
year for a ten (10) year program and annual hot spot/repair areas.
Approval of an Agreement with Houston and Harris PCS, Inc. for Sewer Video
Inspection Services
July 23, 2013
Page 3
Financial Review
1) Program Savings
The cost for sewer video inspection services utilizing City staff and equipment is
approximately $181,360 per year. The proposal from Houston and Harris PCS, Inc. of
$63,582 per year represents an estimated savings of approximately $117,778 per year,
or $1.17 million over the life of the agreement. Costs for the program will be offset by
personnel and equipment savings, consisting of two eliminated positions and ongoing
vehicle maintenance and replacement costs. The lower program cost will amount to a
decrease in expenditures and help to stabilize wastewater rates.
2) Reduction in Equipment Replacement Fund
In addition to the operational savings listed above, staff has identified significant one-
time. cost savings. Currently, the City's Equipment Replacement Fund includes
$141,172 for the future replacement of the City sewer video van and associated
equipment. If the City Council approves the agreement with Houston and Harris PCS,
Inc., staff recommends that these funds be returned to the Wastewater Fund.
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).
Approval of an Agreement with Houston and Harris PCS, Inc. for Sewer Video
Inspection Services
July 23, 2013
Page 4
Submitted
Mark Harmon
Director
Attachments: A. Maintenance /Repair Services Agreement with Houston and Harris
PCS, Inc. for Sewer Video Inspection Services
B. Budget Amendment No. 14BA 004
Attachment A
Maintenance /Repair Services Agreement with Houston and Harris PCS, Inc. for Sewer
Video Inspection Services
MAINTENANCE /REPAIR SERVICES AGREEMENT
WITH HOUSTON & HARRIS PCS, INC. FOR
SEWER VIDEO INSPECTION SERVICES
THIS MAINTENANCE /REPAIR SERVICES AGREEMENT ( "Agreement ") is
made and entered into as of this 23rd day of July, 2013 ( "Effective Date "), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ( "City "), and HOUSTON & HARRIS PCS, INC., a California corporation
( "Contractor'), whose address is 21831 Barton Road, Grand Terrace, CA 92313, and is
made with reference to the following:
IC7xy111E.1161
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 sewer video inspection services for
the 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 June 30, 2023, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference
( "Services" or "Work "). As a material inducement to City entering into this Agreement,
Contractor represents and warrants that Contractor is a provider of first class work and
Contractor is experienced in performing the Work contemplated herein and, in light of
such status and experience, Contractor covenants that it shall follow the highest
industry standards in performing the Work required hereunder and that all materials will
be of good quality. For purposes of this Agreement, the phrase "highest industry
standards' shall mean those standards of practice recognized by one or more first -class
firms performing similar work under similar circumstances.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
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. 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, 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 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 Seven Hundred Fifty Thousand Dollars ($750,000.00),
without prior written amendment to the Agreement.
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
Houston & Harris PCS, Inc. Page 2
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 2.5% of the Billing Rates in effect immediately preceding such
adjustment.
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, 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.
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 Larry Houston to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
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 Municipal Operations Department.
City's Utilities General Manager or designee shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator shall
Houston & Harris PCS, Inc. Page 3
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 highest industry standards. 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 and all applicable federal, state and local laws and the industry standard.
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,
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 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 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, or the
Work of any subcontractor or supplier selected by Contractor.
Houston & Harris PCS, Inc. Page 4
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, and employees (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.
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
Houston & Harris PCS, Inc. Page 5
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.
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 or for 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. 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.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
Houston & Harris PCS, Inc. Page 6
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.
17. 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 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.
18. 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.
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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.
20. 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.
Houston & Harris PCS, Inc. Page 7
21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
22. CONFLICTS OF INTEREST
22.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
22.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. 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.
23. NOTICES
23.1 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.
23.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Utilities General Manager
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
23.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Larry Houston
Houston &Harris PCS, Inc.
21831 Barton Rd
Grand Terrace, CA 92313
24. CLAIMS
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
Houston & Harris PCS, Inc. Page 8.
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.).
25. TERMINATION
25.1 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.
25.2 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.
26. LABOR
26.1 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.).
26.2 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.
26.3 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.
26.4 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 federal, state and local labor laws or law, rules, and /or regulations. This
obligation shall survive the expiration and /or termination of the Agreement.
Houston & Harris PCS, Inc. Page 9
27.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
27.2 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.
27.3 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.
27.4 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.
27.5 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.
27.6 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.
27.7 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.
27.8 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.
27.9 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.
27.10 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, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
Houston & Harris PCS, Inc. Page 10
27.11 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.
27.12 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]
Houston & Harris PCS, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNE)"S OFFICE
Date: 7/3/13
M
Aaron C. Harp
City Attorney
ATTEST:
Date:
go
Leilani I. Brown
City Clerk
CI
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Keith D. Curry
Mayor
CONTRACTOR: Houston & Harris PCS,
Inc., a California corporation
Date:
By:
Pamela Houston
President/ Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Houston & Harris PCS, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
OVERVIEW
Sewer video inspections were previously handled by the City's Wastewater division.
City staff conducts inspection services 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 7.18 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 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.
Maps are shown in Appendix B of the RFP on file with the Municipal Operations
Department and contain further detail.
The following is a list of the services that may be requested by the City during the
term of the Agreement for sewer video inspection 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 located throughout
the City of Newport Beach - as shown in the maps attached to the RFP as Appendix B.
Contractor shall provide a minimum of a two- person crew at all times. For residential
areas only, and provided Contractor can do it safely, City may allow single man crews.
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 sewer pipe 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
Houston & Harris PCS, Inc. Page A -1
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.
• Sewers 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 lines. All sewer 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 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.
• At the time of the award and until completion of Work, the Contractor shall
possess a Business License issued by the City of Newport Beach, as well as any
and all necessary permits and licenses necessary for the Scope of Work
requested by the City.
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. For
Pacific Coast Highway areas, Contractor may Work under the City's permit
provided Work is done within the City's easement.
Houston & Harris PCS, Inc. Page A -2
Access: For inspections where entry must be made onto homeowner's property,
notice must be given for permission to enter property to both the City and the
homeowner. Coordination of sewer inspection will be made through the Utilities
Wastewater Supervisor or his /her designee at (949) 644 -3415. The Supervisor
shall be notified one week in advance of the Awarded Contractor's anticipated
Work in the area. He will provide assistance with manhole access and make
arrangements as needed for entry onto private property for the inspection of
sewers 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
Friday. However, if 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.
TRAFFIC CONTROL
• 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
Houston & Harris PCS, Inc. Page A -3
any and all necessary equipment to minimize noise in the residential
neighborhoods. Contractor shall incorporate this factor into its unit costs and
bids.
CONFINED SPACE PROCEDURES
• The sewer video inspection shall be conducted from above ground. Manhole
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. Sewer 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.
EQUIPMENT
• Sewer 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 1,000
feet in one direction.
• City shall provide the Contractor with a digital copy of the sewer 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. The camera will be operative in 100 percent
humidity conditions. The camera and video monitor shall produce a minimum 460
lines of resolution. 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
Houston & Harris PCS, Inc. Page A -4
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 (MPEG1 or City -
approved equivalent) 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 linens
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 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 sewers with
substantial flow.
• Contractor shall have available a main line launched lateral evaluation inspection
system similar to the Aries LETS System and the Cues LAMP 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 (MPEG1 or City- approved
equivalent) format 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) and no greater than eight (8) megapixels. 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 Towered 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
Houston & Harris PCS, Inc. Page A -5
move through the pipeline in a downstream direction whenever possible at a
maximum uniform rate of 30 feet per minute for all VCP and PVC sewers. 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:
• Laterals - open or sealed (factory or tapped)
• Laterals - protruding or defective
a Cracks
• Fractures
• Offset joints
• Open joints
• Sags
• Line deviations
• Siphons
• Missing sections
• Infiltration
• Debris
• Grease
• Roots
Houston & Harris PCS, Inc. Page A -6
• Vermin
• 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 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.
SEWER FLOW CONTROL
• Depth of Flow:
• Recommended Maximum Depth of Flow for video inspection shall be 25 percent,
unless otherwise specified by the City.
• 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
Houston & Harris PCS, Inc. Page A -7
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 a City -
approved Contractor.
• Spill Reporting and Handling
• 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.
• 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.
SEWER 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:
• Brief summary of the Work performed
• PACP quick rating summary list of all pipeline segments inspected (i.e. manhole
to manhole). To include QSR, QMR, SPR, MPR, CPR, SPRI, MPRI, and OPRI
• Inspection reports (log sheets) of each segment
• All original recordings (videotapes, etc.)
• Summary list of recorded defects
• Photographs of major defects for each pipeline segment. (in JPEG format)
• Sewer maps /plans given to Contractor by the City for inspection purposes.
• 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:
• Agency project or Contract number
• Sewer Video date
• Sewer Video time
Weather condition
Houston & Harris PCS, Inc. Page A -8
• Contractor name
• Contractor job number
• Operator(s) name
• Street name or location
• Cross street name or location
• Surface material (asphalt, concrete, dirt, etc.)
• Construction drawing number and sheet number
• Manhole number (access point) - up
• Manhole number (access point) - down
• Manhole to manhole segment number
• Manhole depth - up
• Manhole depth - down
• Basin or Area
• Direction of camera
• Pipe - size
• Pipe - shape
• Pipe - material
• Pipe - age
• Pipe - slope
• Pipe - drop (total invert elevation change)
• Pipe - footage centerlines (on plan, if available)
• Pipe - footage centerlines (on sewer video)
• Pipe - flow up (percent of pipe at inlet or height of flow)
• Pipe - flow down (percent of pipe at outlet or height of flow)
Houston & Harris PCS, Inc. Page A -9
• Pipe -joint lengths
• Digital video file number /media number
• Observation descriptions
• Schematic of pipeline showing laterals and observations
• Clock position of noted observations
Photographs of major defects or typical pipe condition
• Notice of severely worn manhole covers
Notice of severely deteriorated manhole concrete structures
• Notice of severely deteriorated manhole liners or coatings
• Sewer pre - cleaned prior to inspection? Yes or no
• 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 television monitor shall be made by the
Contractor. Digital copies of these are to be made on a suitable digital format and
provided to City. Mechanisms to ensure data integrity and to prevent accidental
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.
Houston & Harris PCS, Inc. Page A -10
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:
• City of Newport Beach
• Work order number
• Date
• Time
• Weather
• Contractor name
• Contractor operator name(s) and PACP certification number
• Street/location name
Manhole number up (start manhole)
• Manhole number down (end manhole)
• Direction of camera /survey - with or against flow (downstream /with flow or
upstream /against flow)
• Pipe material(s) - as specified on plans
• Pipe footage - as specified on plans
• Pipe size - as specified on plans
RUNNING SCREEN TEXT
• During the sewer video inspection, the running screen shall show the running
footage (distance traveled) and the following text information at the bottom of the
screen:
• Manhole number upstream
• Manhole number downstream
• Pipe size
• Pipe length
• Date
Houston & Harris PCS, Inc. Page A -11
• Time of day
• The format of the above text information shall be as shown in the following
example:
• "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:
• "End of segment inspection"
• Condition that prevented complete inspection (If Applicable)
• 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.
SEWER VIDEO RECORDING LABELS
• Each sewer 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:
• City Work Order Number
• 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
i DVD number
• Dates of CCIV
• Contractor name
ELECTRONIC DATA FILE REQUIREMENTS
• Contractor shall provide the following files to City for each segment inspected:
Houston & Harris PCS, Inc. Page A -12
• Sewer Video Inspection Data Table
Y Sewer 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 ability to Work with City in establishing and improving upon
existing electronic data files and formats.
• Contractor shall use Pipelogix 6.4 or newer, PACP 6.0, and NASSCO 6.0
certified. Contractor shall use Pipelogix 6.4 or newer, 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.
Houston & Harris PCS, Inc. Page A -13
EXHIBIT B
SCHEDULE OF BILLING RATES
Houston & Harris PCS, Inc. Page B -1
PROPOSAL OFFER FORM
Sewer Video Inspection Rates
Item
Description
Price Per Linear Foot
1a.
Video of all pipes, sizes and types to
(Complete Cost: must
comply with the ten year program
include all labor, materials,
(175.12 miles/924,634 LF)
equipment, minimum call
0.288/LF
out fees, video upload,
*Based on a 5 year plan of
$
etc).
completion
1b.
Video of all pipes, sizes and types to
(Complete Cost: must
comply with the ten year program
include all labor, materials,
(175.12 miles/924,634 LF)
equipment, minimum call
0.298/LF
out fees, video upload,
*Based on a 10 year plan of
$
etc).
completion
* *Proposers should provide pricing for both Sections la: and lb for optimal consideration during the proposal evaluation and selection process **
2.
Video of all pipes, sizes and types to
(Complete Cost: must
comply with "hot spot ", and point
include all labor, materials,
repair yearly video (15.72
equipment, minimum call
miles /82,986 LF plus 7.18
out fees, video upload etc.)
miles/37,894 LF)
0.2981LF
$
3.
Main line launched lateral
*if required, per setup cost
evaluation inspection system
(complete cost, must also
97.50 /Set Up
$
.include video upload)
4.
Reverse Set Up Fee
*One -time fee for each
85.00 /Set Up
reverse setup if /when
$
required
S.
Additional video as requested
*if required, per setup cost
(complete cost, must also
195.00 /Hour
$
include video upload)
The undersigned certifies that submission of this Proposal is made without prior understanding,
arrangement agreement, or connection with any corporation, firm or person submitting a
Proposal for the same services, and is in all respects fair and without collusion of fraud. The
undersigned certifies that they have not entered into any arrangement or agreement with any
City of Newport Beach public officer. The undersigned understands collusive practices are a
violation of State and Federal low and can result in fines, prison sentences, and civil damage
awards.
Xj 04 -11 -13
Proposer Signature Date
Pamela Houston, President
Printed Name and Title
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE /REPAIR/JANITORIAL SERVICES
1. 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 officers,
agents, employees and volunteers.
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) with no endorsement or modification
limiting the scope of coverage for liability assumed under a contract.
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Houston & Harris PCS, Inc, Page C -1
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.
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 elected or appointed officers, agents, officials, employees
and volunteers 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 subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, shall
provide or be endorsed to provide that City and its officers, officials,
employees, and agents 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. 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
Houston & Harris PCS, Inc. Page C -2
additional cost to Contractor, City and Contractor may renegotiate
Contractors 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.
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.
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.
G. City Remedies for Non - Compliance If Contractor or any sub -
consultant 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 Contract, 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.
I. Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Houston & Harris PCS, Inc. Page C -3
judgment may be necessary for its proper protection and prosecution of
the Work.
Houston & Harris PCS, Inc. Page C -4
Attachment B
Budget Amendment No. 14BA 004
City of Newport Beach NO. BA- 14BA -004
BUDGET AMENDMENT
2013 -14 AMOUNT: Ss7,oao.oa
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
�X Increase Expenditure Appropriations AND �X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
NX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from Sewer Enterprise Reserves for sewer inspection services.
Sewer video inspections are currently performed by City staff. These services will be outsourced and will
ultimately reduce Department costs.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit Credit
530 3605 Sewer Enterprise Fund - Fund Balance $67,000.00
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Description
Division Number 5600 Utilities - Wastewater
Account Number 8158 CCTV Maintenance Program
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Automatic
Signed:
Finance
Signed: _4 e
Administra rve Approval: City Ma age
Signed:
City Council Approval: City Clerk
$67,000.00
7• /Jl �/f
Date
7 %-
Date
Date