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(CITY ATTY: 07-17)
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH HOUSTON & HARRIS, INC.
(CCTV SEWER SYSTEM VIDEO INSPECTION SERVICES – NIB 22-058RH)
1. PARTIES AND DATE.
This Agreement is made and entered into this 5th day of October, 2022 (“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and Houston & Harris PCS, Inc., a California Corporation with its principal place of business at 21831 Barton Road, Grand Terrace, CA 92313 (“Contractor”).
City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance or other general services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing CCTV Sewer System Video Inspection services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the CCTV Sewer System Video Inspection Services NIB 22-058RH project (“Project”) as set forth in this Agreement.
2.3 Corona Utility Authority.
Contractor understands that the City has entered into a Water Enterprise Management Agreement and a Wastewater Enterprise Management Agreement, both dated as of February 6, 2002, with the Corona Utility Authority (“CUA”) for the maintenance, management and operation of those utility systems (collectively, the “CUA Management Agreements”). To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, City enters into this Agreement on behalf of the CUA and subject to the terms of the applicable CUA Management Agreement(s).
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3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional CCTV Sewer System Video Inspection maintenance or other general services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference.
All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from October 5, 2022 to June 30, 2024 (“Term”), unless earlier terminated as provided herein. Contractor shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.5.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely DocuSign Envelope ID: 16BD0C29-C545-4086-87E4-A9232655859D CA\DD\02000.50102\10151745.3
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manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All Services performed by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Tom Moody, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Larry Houston, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor agrees that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
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3.2.8 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.9 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Contractor shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.9 or any of its sub-sections.
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3.2.9.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.9.1.
3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, subsubcontractors or consultants to meet any of the requirements provided for in Sections 3.2.9.1 or
3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.9.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.2.9.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.9.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB).
Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine.
Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
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3.2.10 Insurance.
3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Contractor commences any Services under this Agreement, Contractor shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.2.10.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease; and (4) Pollution Liability: $1,000,000 per claim/ $2,000,000 policy aggregate.
3.2.10.3 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); DocuSign Envelope ID: 16BD0C29-C545-4086-87E4-A9232655859D CA\DD\02000.50102\10151745.3
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and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. (B) Waiver of Subrogation – Workers’ Compensation and
Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Contractor.
(C) All Coverages. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Contractor. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.4 Other Provisions; Endorsements Preferred. Contractor shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Contractor:
(A) Waiver of Subrogation – All Other Policies. Contractor hereby waives all rights of subrogation any insurer of Contractor’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Contractor.
Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Contractor shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Contractor.
Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.
3.2.10.5 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.
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3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.
3.2.10.7 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M.
Best’s rating no less than A-:X and authorized to issue the required policies in California.
3.2.10.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.10.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.10.10 Sub-Contractors. All subcontractors shall comply with each and every insurance provision of this Section 3.2.10. Contractor shall therefore not allow any subcontractor to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Agreement.
3.2.10.11 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.
3.2.11 Safety. Contractor shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.
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3.2.12 Bonds.
3.2.12.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the Total Compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the Total Compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. The bonds must be provided by a surety which is satisfactory to the City and which meets either of the following criteria: (1) a surety with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted surety insurer in California; or (2) a surety with a current A.M. Best’s rating no less than A-:X and authorized to issue the required bonds in California. If a surety does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal DocuSign Envelope ID: 16BD0C29-C545-4086-87E4-A9232655859D CA\DD\02000.50102\10151745.3
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business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. 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 under this Agreement.
3.3 Fees and Payments.
3.3.1 Rates & Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Two Hundred and Fifty Thousand Dollars ($250,000) per fiscal year (“Total Compensation”) without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Contractor and its subcontractors shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Contractor and its subcontractors shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations DocuSign Envelope ID: 16BD0C29-C545-4086-87E4-A9232655859D CA\DD\02000.50102\10151745.3
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(“DIR”). Beginning April 1, 2015, no contractor or subcontractor may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. It is most efficient for the Contractor to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Contractor may obtain a copy of the prevailing wages from the City’s Representative. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6 Apprenticeable Crafts. If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Contractor employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
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3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:
Contractor:
Houston & Harris PCS, Inc.
21831 Barton Road
Grand Terrace, CA 92313
Attn: Larry Houston
City:
City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Tom Moody Utilities Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification. To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any DocuSign Envelope ID: 16BD0C29-C545-4086-87E4-A9232655859D CA\DD\02000.50102\10151745.3
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subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.6.1 Subcontractors; Assignment or Transfer. Contractor shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Contractor shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subcontractors, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.
3.5.6.2 Corona Utility Authority. To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, Contractor has no right to terminate this Agreement, either with or without cause, based upon the existence or non-existence of either or both of the CUA Management Agreements. Therefore, if an applicable CUA Management Agreement expires or terminates for any reason, Contractor shall remain fully obligated to perform under this Agreement with the CUA or another third party contracted by the CUA for the maintenance, management and operation of the applicable utility system.
3.5.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
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3.5.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.12 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
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3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
[SIGNATURES ON NEXT 2 PAGES]
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CITY’S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH HOUSTON & HARRIS, INC.
(CCTV SEWER SYSTEM VIDEO INSPECTION SERVICES – NIB 22-058RH) IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
CITY OF CORONA
By: _________________________
Tom Moody
Director of Utilities
Reviewed By: _________________________
Katie Hockett
Assistant Director of Utilities
Reviewed By: _________________________
Aftab Hussain
Maintenance Manager
Attest:
_________________________
Sylvia Edwards
City Clerk
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CONTRACTOR’S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH HOUSTON & HARRIS, INC.
(CCTV SEWER SYSTEM VIDEO INSPECTION SERVICES – NIB 22-058RH) IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
HOUSTON & HARRIS PCS, INC.
a California Corporation
By: _________________________
Larry Houston
Vice President/Secretary
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EXHIBIT “A”
SCOPE OF SERVICES
Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional CCTV Sewer System Video Inspection maintenance services necessary for the Project (“Services”). The Services are more particularly described in this Exhibit.
The City of Corona Utilities Department owns, maintains, and operates approximately 460 miles of wastewater mains and three treatment facilities. The Closed Circuit Television Inspection (CCTV) video inspections will aid in providing uninterrupted water reclamation treatment services, protect public health, the environment, meet all federal, state, and local regulatory requirements and permits.
The inspections are required to, assess the condition, aid in maintenance and planning for future upgrades and/or maintenance of the sewer infrastructure and sewer lift stations. The target lineal footage per year is approximately 480,000 and the entire sewage system but be inspected within five (5) years.
Contractor shall be responsible for furnishing all materials, transportation, labor, equipment, any and all services and materials necessary to facilitate complete the comprehensive scope of work.
All work shall be performed on the City right of ways or within City easements.
A. General Requirements
1. The Contractor will be used to supplement the City’s existing resources of condition assessment of the sewer collection system.
2. The Contractor shall perform CCTV inspection of the entire sewer system and facilities located within City easements on private property. The City shall provide maps of the entire sewer collection system.
3. The Contractor shall have the ability to respond to emergency inspection requests within 2 hours of notification.
4. The Contractor should take notice that inspection shall not result in the interruption of sewage service to any customer in the City. Sewage must be controlled within the pipeline at all times.
5. The Contractor shall seal all manholes that were encountered sealed for the control of odors or entry of extraneous water.
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6. The Contractor shall notify and request the City for assistance, if needed, in connection with removal, dismantling, and replacement of any special equipment such as flow monitors or diversion gates within the manhole structures.
7. Video will include a video narration identifying the pipe segment by manhole number and street location. The narration shall identify all connections, general conditions of the sewer, problem areas, location of all connections or problem areas by linear footage and observations concerning the condition of the pipe joints. Records of daily work, inspection logs and the video records shall be prepared and forwarded to the City on a weekly basis. The videos shall be submitted on USB Flash Drive and will become the property of the City.
8. No trees, plants, shrubs or ornamental vegetation shall be removed without the written consent of the City of Corona.
9. The Contractor shall obtain all necessary permits and observe all standard rules of safety for pedestrian and traffic control in accordance with local laws and accepted practice. Additionally, the Contractor shall demonstrate knowledge of current safety requirement for confined space entry. All crew members shall have confined space training certifications.
10. Work shall progress in an orderly manner at appropriate times not to interfere excessively with the normal routine of the neighborhood. Work shall be performed following sewer cleaning activities. The City will provide a schedule.
11. The Contractor shall be in full charge and be responsible for the job site, the scope of work of this contract and subject to the directions of the City and/or construction superintendent.
12. The Contractor shall observe and comply with all Federal, State, and local laws, ordinances, codes, orders, and regulations which in any manner affect the conduct of the work, specifically as it relates to sewage spills.
13. The Contractor shall be fully responsible for preventing sewage spillage, containing any sewage spillage, recovery and legal disposal of any spilled sewage, any fines, penalties, claims and liability arising from negligently causing a sewage spillage, and any violation of any law, ordinance, code, order, or regulation as result of the spillage.
14. The Contractor shall develop and submit to the City’s Representative, within fifteen (15) calendar days of Notice to Proceed (NTP) for review and approval a written Spill Response Plan, prior to doing any work specified in this contract. The Spill Response Plan shall be developed to respond to any sewage spill related to the work being performed by this contract. This includes but is not limited to: a) arranging for an DocuSign Envelope ID: 16BD0C29-C545-4086-87E4-A9232655859D CA\DD\02000.50102\10151745.3
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emergency response unit, comprised of emergency response equipment and trained personnel to be immediately dispatched to the job site in the event of a sewage spill(s); and b) developing and including an emergency notification procedure which includes an emergency response roster with telephone numbers and arrangements for back-up personnel and equipment and an emergency notification roster of the designated City Representatives.
The Contractor shall designate a primary and secondary representative and include their respective phone numbers and cellular phone numbers. The Contractor’s representatives shall be accessible and available at all times to respond immediately to any related emergency. The emergency contact information shall be submitted to the City’s Representative with in fifteen (15) days of Notice to Proceed (NTP). The list shall be maintained and submitted to the City’s Representative when changes occur.
15. The Contractor, in case of sewage spillage shall act immediately without instructions from the City, to control the spill and take all appropriate steps to contain it in accordance with their Spill Response Plan. The Contractor shall immediately notify the City Representatives of the spill and all action taken. The Contractor shall, within three working days from the occurrence of the spill, submit to the construction superintendent a written confirmation describing the following information related to the spill: The location on Thomas map guide; the nature and volume; the date and time; the duration; the cause; the type of remedial and/or clean up measures taken and the date and time of implementation; the corrective and/or preventative actions taken; and the water body impacted and results of any necessary monitoring. Requests for additional compensation for the handling of the spill shall be submitted to the City’s Representative as a claim. The Contractor shall assure the validity, accuracy, and correctness of the claim under penalty of perjury. The City and/or construction superintendent may institute further corrective actions, as deemed necessary, to fully comply with existing law, ordinance, code, order or regulation. If it is determined by the City that the spill was caused by the negligence of the Contractor, the Contractor shall be responsible for all costs incurred for the corrective actions.
16. The Contractor shall obtain and maintain insurance coverage for Pollution Liability in the amount of $1,000,000 in addition to the insurance requirements specified in the Form of Agreement in Section VI of this NIB.
17. All CCTV operators shall be National Association of Sewer Services Companies (NASSCO) certified by passing the three day Pipeline Assessment and Certification Program (PACP). The methodology of evaluation, data collection, and reporting criteria used for the NASSCO certification shall be followed for all CCTV inspections.
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B. SEWER CONDITION ASSESSMENT (CCTV)
1. CCTV Inspection- The Contractor shall perform CCTV inspection of sewer lines as requested by the Infrastructure & Construction Division of the City of Corona Utilities Department. In the event CCTV inspection cannot be performed by the Contractor due to major debris accumulation and/or blockage, the Contractor shall notify Utilities Department Infrastructure.
2. Response Requirement- The Contractor shall respond within 24 hours to a special request for CCTV inspection. The Contractor shall have full time personnel experienced in CCTV/Video review. The Contractor must be able to respond to the job site within 24 hours of notification in emergency cases.
3. CCTV Inspection- A video recording shall be made of the television inspection and one copy shall be supplied to Infrastructure & Construction Division. All data and video recording will become the sole property of the City without restrictions of future use, duplication, modification, and dissemination. The Contractor shall have no vested rights to be the completed work and may not sell or reuse it without the City’s permission. The project data furnished to the Contractor for use in rendering project services shall remain the property of the City. The Contractor may not sell or reuse data without permission by the City.
4. Equipment - The Contractor shall provide equipment capable of utilizing the Electronic Data System (EDS) computer entry system. The camera shall be operative in one hundred percent (100%) humidity and specifically designed for in-sewer inspection of sewer lines ranging from 4-inches to 42-inches diameter. The camera shall produce a continuously monitored picture with the resolution capability to discern small hairline cracks and other minor/major defects in the sewer line. It should be equipped with a ring of low intensity lights around the camera to obtain maximum peripheral vision and prevent fogging within the line being inspected. The camera shall be equipped with a panning and rotational camera head with remote adjustable optical focus and automatic light compensating iris. NTSC color standard shall be used. Focal distance shall be adjustable through a range from 6 inches to infinity. Continuously displayed on the monitors shall be the date of the inspection, numbers designation of the upstream and downstream manholes corresponding to the line reach being inspected and a continuous forward and reverse readout of the camera distance from the manhole of reference. The camera, television monitor and other components of the video system shall be capable of producing a minimum 600- line resolution. The TV transmission & tow cable assembly must have the capability to CCTV lengths of up to 2,000 feet. The remote footage counter shall be accurate to one percent (1%) over the length of the particular section being inspected.
A nationally recognized testing laboratory must approve all electrical equipment including CCTV cameras, for use in a Hazardous location and wet environments.
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Specially, this equipment must be approved for use in Class I, Division I, Group D Hazardous Locations as defined by the National Fire Protection association (NFPA) Code 820-1999.
The Contractor shall have the ability to communicate with its vehicle at all times (i.e., cellular phone, radio, etc.)
The Contractor shall have replacement and/or backup equipment in the event of breakdown.
5. Camera Operation – The camera shall be moved through the line in either direction at a uniform rate stopping when necessary to ensure proper documentation of the sewer’s condition but in no case shall the television camera be pulled at a speed greater than thirty feet per minute (30 fpm).
As the camera approaches a lateral connection or substantial defect, the camera progress shall be halted, and the camera lens panned to further view the lateral pipe and connection (including looking up at the lateral) or defect thoroughly evaluate its condition.
Manual winches, power winches, TV cable powered rewind 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 line. If during the inspection operation the television camera will not pass through the entire manhole section, the Contractor shall reset the equipment in a manner so that the inspection can be performed from the opposite manhole. If the camera again fails to pass through the entire section, the Contractor shall notify Utilities Department Infrastructure Division.
If, during the inspection, the Contractor encounters a condition where public safety is threatened (such as, but not limited to: a pipe collapse, stoppage, blockage and/or imminent sewer spill) City’s Representative shall be immediately notified.
Furthermore, the Contractor shall provide a video copy of the section of line containing the condition within 24 hours to City’s Representative.
If, during the inspection, the camera is jammed inside the sewer and cannot be retrieved, the Contractor shall not excavate the pipe to retrieve it. The Contractor shall inform City’s Representative immediately for assistance. It is the Contractor’s responsibility to remove the camera and ensure that the sewer line is not damaged.
Whenever non-remote powered and controlled winches are used to pull the television camera through the line, telephone, radios or other suitable means of communications shall be set-up between the two manholes of the section being inspected to ensure that adequate communications exist between members of the crew.
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Accuracy of the measurement shall be checked daily by use of a walking meter roll-atape or other suitable device. Footage measurement shall begin at the centerline of the upstream manhole and the centerline of the last downstream manhole, unless specific permission is given to do otherwise.
Continuously displayed on the monitors shall be date of the inspection, structural number of the upstream and downstream manholes corresponding to the line section being inspected, and continuous forward and reverse footage readout of the camera distance from the manhole of reference.
6. Documentation of Television Results - An executive summary for the CCTV inspection shall be typed in a format as provided by the City and shall be provided within one (1) week from the completion of the CCTV inspection. The executive summary shall clearly show the location in relation to adjacent manholes (i.e., stations), of each lateral connection discovered, in addition, other data of significance including the locations of unusual conditions, cracks, misalignments, collapsed sections, presence of debris and deposits and other discernable features shall make brief and informative comments on the sewer line conditions. Furthermore, any pipe deficiencies (i.e. cracks, offsets, belly’s, missing pipe, etc.) shall be communicated to the Utilities Construction Superintendent, or his/her designee, including specific location, pipe size and footages within one (1) day of inspection.
The Contractor shall complete both a written and computer entry pre-formatted log sheet using the television inspection defect codes manual during the television inspection activities and provide them to the City within one (1) week of response and inspection of assigned job.
The City reserves the right, at its discretion, to convert the written report to digitized form. The Contractor will be required at the time to provide the documentation in the new format without extra cost to the City.
All video recording, image files, and databases shall be submitted in a digital format approved by Utilities Department Infrastructure and electronically stored in a WinCan VX Expert database for proper data management. All video recording, image file, databases, and reports shall be generated using the WinCan VX Expert software. All submittals shall become the property of City of Corona. Contractor shall keep a duplicate copy for a period of 5 years.
For each recorded image file, indexing shall exist as a separate text file of the observation noted. The data shall be time coded using the elapsed time from the video file. This shall allow the user in WinCan to use the indexing feature and go to that defect with a click instead of fast forwarding or rewinding.
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Separate video and data files shall be created for each sewer line segment. In case of reverse set-up, such inspection shall be stored in a separate video and data files. All video recording, image files and data shall be stored on an external hard drive with a USB 2.0 connection.
The video shall give clear pictures of conditions of lines requiring cleaning and any other structural problems. USB flash drive(s) deemed unacceptable by the City shall be repeated at no cost to the City.
USB flash drive(s) shall include the following information when submitted to City:
Initial Screen Text
Each pipe segment (manhole to manhole) shall be identified with an initial text screen and completed in accordance with PACP’s CCTV Inspection Form Header Instructions.
The initial screen text shall include the following:
Operator Name
Work Order Number
CCTV Time
Street Name and Number
Nearest Cross Street Name
Upstream Manhole ID
Downstream Manhole ID
Direction of Survey – Upstream / Downstream
Pipe Diameter
Pipe Material
Total Length of Pipe – as specified on plans
Weather
Running Screen Text
During the CCTV inspection, the video shall show the running footage, (distance travelled) and the following text at all time:
Manhole ID – starting
Manhole ID – ending
Pipe Material
Pipe Size
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Total Length of Pipe
Date
Time of Day
The format of the above text information shall be as shown in the following example:
MH 1259 to MH 1260
8” VCP, 410 ft.
11/15/21 – 3:32 P.M.
Ending Text Screen
At the end of each pipe segment. an ending screen text shall consist of the “Running Screen Text” with the added text of “End of Segment” and material found as shown in the following example:
End of Segment
Materials found – VCP and DIP
Audio
- Date of TV inspection
- Verbal confirmation of upstream and downstream manhole numbers - Verbal description of pipe size, type, and pipe joint length - Verbal description and location of each defect
- Verbal description and location of each lateral connection
7. Software Requirements - The Contractor shall perform all CCTV inspections using the WinCan VX Expert software for pipe survey reporting. WinCan America Inc. can be contacted at 1-877-626-8386. Continuous digital recordings of the inspection view as it appears on the monitor shall be stored. It is intended that a digital recording will be made of the complete pipe inspection. The recording shall also be used as a permanent record of defects. Unless directed otherwise by Utilities Department, the recording shall be MPEG 4. The Contractor shall pause the digital recording at any time there is a delay 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. The operator shall store a single video file for each pipeline inspected. The recorded files shall have a resolution of 352 pixels by 240 and an interlaced frame rate of minimum of 24 frames per second. The naming of the video file shall be automatic, consisting of the pipe ID, the eight-digit inspection date and the camera direction in relation to flow, as shown in the following example, or as specified by Utilities Department.
PipeID_YYYYMMDDU (Note: use “U” for upstream and “D” for downstream) DocuSign Envelope ID: 16BD0C29-C545-4086-87E4-A9232655859D CA\DD\02000.50102\10151745.3
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123456_20050101U
8. Acceptable CCTV Standard - The television inspection and the condition assessment of the sewer line shall be conducted per the requirements stated in this NIB. The picture of the television inspection shall be clear for the City to assess the condition. The record and the documentation of the CCTV inspection submitted to the City shall be correct and complete.
Should the City at any time not be satisfied with the quality of the CCTV inspection conducted by the Contractor, the City may request the Contractor to re-televise the pipe or resubmit the records at no extra cost to the City. The Contractor’s substandard work may also result in the City terminating the contract.
9. Submittal of Television Results – USB flash drive(s) and written reports shall be submitted to:
City of Corona
Utilities Department
Attn: Raul Arevalo, Construction Superintendent
Infrastructure & Construction Division
755 Public Safety Way
Corona, CA 92880
10. Emergency Notification - The Contractor shall immediately notify Utilities Department Infrastructure whenever a surcharged sewer or a partial or total pipe blockage is discovered. The Contractor shall contact the Utilities Front Desk at (951) 279-3789 during normal business hours 7am to 6pm Monday through Thursday, except holidays, or the Utilities Department 1st Responder at (951)830-2391 during afterhours, or the City’s Police Department phone number at (951) 736-2330 in case of no answer from the first responder. The Contractor shall indicate the location, nature of the problem, and when the problem was first detected. The Contractor may continue working but shall stay onsite or nearby until City forces arrive, unless otherwise instructed by City Representatives.
11. Safety – The Contractor shall comply with all Federal, State, and local safety regulations and all applicable Cal-OSHA requirements.
If confined space entry into a live sewer is necessary, the City requires continuous ventilation and monitoring of the manhole atmosphere for hydrogen sulfide, combustibles, and oxygen concentration during manhole entry. The Contractor is required to operate and maintain all needed safety equipment and is responsible for all safety training for the crew. The Contractor shall never leave an open manhole unattended.
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All equipment must be removed from the sewer at the end of each work session. The Contractor shall perform all work in the safest possible manner. The City may make unannounced inspections to ensure compliance with safety requirements. If the Contractor is deemed to be working in an unsafe manner by the City, the contract may be terminated.
12. Traffic Control - All costs for labor, equipment, and materials required to establish traffic control shall be included in the contract price. Traffic control shall be established by the Contractor and shall conform to requirements of the current “Manual of Traffic Controls for Construction and Maintenance Work Zones”, issued by the State of California Department of Transportation, or the current “Work Area Traffic Control handbook (WATCH)”. There are sewer lines that are located in heavy traffic areas and will require the use of arrow boards and more extensive traffic control set-up.
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EXHIBIT “B”
SCHEDULE OF SERVICES
Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in this Exhibit
The contract term shall be effective pursuant to Section 3.1.2 above with two (2) additional two (2) option year renewal periods, on an as-needed basis, with no guaranteed usage for CCTV Sewer System Video Inspection Services. Bid prices shall remain effective and in force for the entire two (2) fiscal year contract terms. City reserves the right to exercise option year renewals in its sole discretion. Subsequent purchase order periods, if exercised by the City, are as follows:
Option 1, if exercised, shall be effective July 1, 2024 through June 30, 2026 Option 2, if exercised, shall be effective July 1, 2026 through June 30, 2028 Option year pricing shall be negotiated by the Parties prior to commencement of each additional two (2) fiscal year periods. Negotiated price adjustments will be made in accordance with and shall not exceed the percentage of change in the United States Bureau of Labor Statistics Consumer Price Index “All Urban Consumers for Riverside, California, Area (CPI-U), not seasonally adjusted, for the most recent twelve (12) months for which statistics are available.
This method of price adjustment shall apply to each extension period exercised. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order.
DocuSign Envelope ID: 16BD0C29-C545-4086-87E4-A9232655859D CA\DD\02000.50102\10151745.3
REV. 3.3.6 - PTEAM 04302019
29 (CITY ATTY: 07-17)
EXHIBIT “C”
COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in this Exhibit Emergency Response Hourly Rate (Min 4 hours): $270 per hour rate____ The Contractor’s compensation will be computed on the basis of the actual quantities of completed Work
Pursuant to Section 3.2.12 above, a payment bond valued at one hundred percent of the “Total Compensation” amount from Section 3.3.1 shall be required for this project.
ITEM DESCRIPTION EST
QTY UNIT COST
Pipe Size – cost per linear foot per pipe size
diameter to perform the CCTV of the pipe:
1 6” to 10” 1 LF
$0.55
2 12” to 18” 1 LF
$0.55
3 21” to 30” 1 LF $0.49
4 Over 30” up to 42” 1 LF $0.49
Bid Total Price (Items 1-4) $2.08
DocuSign Envelope ID: 16BD0C29-C545-4086-87E4-A9232655859D