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CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH HOUSTON AND HARRIS
(NIB 22-019RH – SANITARY SEWER SYSTEM CLEANING ROUTINE AND
EMERGENCY SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this _________ day of ____________, 2021 (“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 and Harris PCS, Inc. , a California Corporation, with its principal place of business at 21831 Barton Rd. Grand Terrace, CA 92056 (“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 sanitary sewer system cleaning 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 Sanitary Sewer System Cleaning Routine Maintenance and Emergency Services 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 DocuSign Envelope ID: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141 October 20th
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Management Agreements, City enters into this Agreement on behalf of the CUA and subject to the terms of the applicable CUA Management Agreement(s).
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 sanitary sewer system cleaning services 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 20, 2021 to June 30, 2023 (“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 DocuSign Envelope ID: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141 CA\DD\02000.50102\10151745.3
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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 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 DocuSign Envelope ID: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141 CA\DD\02000.50102\10151745.3
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Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
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 DocuSign Envelope ID: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141 CA\DD\02000.50102\10151745.3
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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.
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 DocuSign Envelope ID: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141 CA\DD\02000.50102\10151745.3
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regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
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: $3,000,000 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: $3,000,000 per claim..
3.2.10.3 Pollution Liability. Contractor shall procure and maintain, and require its sub-contractors to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession.
Such insurance shall be in an amount not less than $3,000,000 per claim, and shall be endorsed to include contractual liability.
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3.2.10.4 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); 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) Pollution Liability. The pollution liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the Work or operations performed by or on behalf of the Contractor, including any and all remediation costs, including, but not limited to, restoration costs, and coverage for the removal, repair, handling, and disposal of asbestos and/or lead containing materials, if applicable; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or selfinsurance 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.
(D) 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:
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(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.
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.
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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.
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 DocuSign Envelope ID: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141 CA\DD\02000.50102\10151745.3
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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 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 Five Hundred Thousand Dollars ($500,000.00) (“Total Compensation”) per fiscal year 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.
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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 (“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.
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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.
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 and Harris PCS, Inc.
21831 Barton Rd.
Grand Terrace, CA 92056
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, DocuSign Envelope ID: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141 CA\DD\02000.50102\10151745.3
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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 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 DocuSign Envelope ID: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141 CA\DD\02000.50102\10151745.3
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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.
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 DocuSign Envelope ID: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141 CA\DD\02000.50102\10151745.3
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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.
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 AND HARRIS
(NIB 22-019RH – SANITARY SEWER SYSTEM CLEANING ROUTINE AND
EMERGENCY SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
CITY OF CORONA
By: _________________________
Tom Moody
General Manager
Reviewed By: _________________________
Aftab Hussain
Maintenance Manager
Reviewed By: _________________________
Norman Bush
Purchasing Manager
Attest:
_________________________
Sylvia Edwards
City Clerk
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CONTRACTOR’S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH HOUSTON AND HARRIS
(NIB 22-019RH – SANITARY SEWER SYSTEM CLEANING ROUTINE AND
EMERGENCY SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
Houston and Harris PCS, Inc.
a California Corporation
By: _________________________
Larry Houston
Vice President
By: _________________________
Pamela Houston
Treasurer
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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 sanitary sewer system cleaning services to public clients necessary for the Project (“Services”). The Services are more particularly described in this Exhibit “A” A. PROJECT DESCRIPTION
The Contractor will perform the cleaning of approximately 480,000 linear feet annually of sanitary sewer mains, lines, lift stations and manholes. The cleaning shall be on monthly, quarterly, emergency and as needed basis. Contractor may be required to perform sewer video services in emergency or special circumstances.
There are 460 miles of sewer line with the City of Corona. The City of Corona requires that the Collection System undergo complete cleaning every five (5) years. Contractor shall clean all sewer lines, accelerated maintenance areas, lift stations and water reclamation facilities in accordance with the provisions of these specifications, scope of work and bid items.
B. TECHNICAL SPECIFICATIONS/SCOPE OF WORK
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.
1. WATER
The City will provide a reclaimed water meter for cleaning and other operations as required. All water used must be metered at all times. The Contractor shall provide all necessary transportation, backflow preventers and hoses necessary to move water to the Work location. The Contractor shall secure the permission of the City’s DWP/Maintenance Division prior to utilizing any reclaimed water during the course of the Work performed. The Contractor shall provide a schedule of the planned Work locations at the beginning of each week to the City’s Representative. Should it be necessary to add make up water for mechanical cleaning (i.e. balling), the Contractor shall provide for an air gap. NO BACKFLOW devices will be accepted as an alternate.
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2. EQUIPMENT APPROVAL AND STANDARDS
a. Approval: The Contractor shall submit to the City a list of equipment to be used in the performance of the Work, within five (5) calendar days of the date on the Notice to Proceed, for approval by the City. The list shall include make, model, year, if available, clean air registration and any accessories necessary to complete the work. Contractor shall identify and list backup equipment and its location.
b. Standards: The equipment to the used by the Contractor must be well maintained, neatly painted and have no fluid leaks.
c. Backup Equipment: The Contractor shall have adequate and suitable equipment available within close proximity of the City.
3. SEWER CLEANING
a. Notifications of Upcoming Work to City: The Contractor shall notify the City Representative three (3) working days in advance when cleaning is going to be performed within seven hundred (700) feet upstream of a pump station.
b. Hydraulic Cleaning Methods: The Contractor shall use hydraulic cleaning methods. Hydraulic cleaning may be by means of hydraulic controlled balling or high velocity jet hydro flushing. 1) Hydraulically propelled cleaning tools (which depend on water pressure to provide their cleaning force, or any tools which retard the flow of water in the sewer lines) are used, precautions shall be taken to ensure that the water pressure created does not cause any damage of flooding to public or private property. Any damage resulting from the Contractor’s operation shall be repaired immediately and all costs shall be the Contractor’s responsibility.
2) The Contractor is required to use the appropriate nozzle or cutter head, (e.g. high velocity, water jet, root cutter, etc.) to perform the sewer cleaning in the most efficient method for the specific conditions from the provided locations.
c. Liquid and Solid Removal: The Contractor shall dispose of all solids or semi-solids removed from the line as a result of cleaning operations at the City’s Water Reclamation Facility (WRF) II located at East Harrison Street. d. Manholes: All manholes are to be cleaned and inspected upon completion of line cleaning. This shall include ring and covers. The inspection shall be included and identified in the daily video log. Each manhole cover shall have an “S” or dot (circle) painted (paint color to be determined by City Representative) on the top of the cover to denote that the manhole and adjoining lines have been cleaned.
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e. Routine Cleaning: The Contractor shall complete 40,000 lineal feet of sewer and manholes on a monthly basis in addition to the identified areas requiring more frequent cleanings.
f. Lift Stations: The Contractor shall clean the lift station by hosing down the walls and breaking up solids and semi-solids at the bottom of the wet well with a water jet using a high pressure hose from the vactor truck. The City will notify the Contractor when an individual lift station requires cleaning due to any of the following (but not limited to):
i. Grease Blanket requires removal
ii. Solid and/or semi-solid buildup
iii. Lift Station Locations
Ahmanson Lift Station 11763 Chadwick Road
Airport Lift Station 1981 Aviation
Arantine Lift Station 2590 Bedford Canyon
Artsian Lift Station 211 Rincon
Bedford Canyon Lift Station 3695 Bedford Canyon
Green River Lift Station 4776 Golden Ridge Drive
Griffin Way Lift Station 2680 Griffin Way
Joy Street Lift Station 495 East Parkridge
McKinley Lift Station 113 North McKinley
North Main Street Lift Station 768 North Main Street
Prado Lift Station 4205 Prado Road
SDO Lift Station 3851 Palisades
Smith & Rincon Lift Station 1500 West Rincon
Stagecoach Lift Station 2220 Stagecoach
Sunkist Lift Station 650 East Harrison Street
Water Reclamation Facility #3 3997 Temescal Canyon
(primary and secondary lift stations)
g. Baghouse Dust Collection Systems at Multiple Water Reclamation Facilities: The Contractor shall clean the baghouse dust collection systems (longer hoses, ladders, high elevation PPE, etc. will be required for this Work). The City will notify the Contractor when cleaning is required.
4. EMERGENCY STORM DRAIN DEBRIS REMOVAL
Following a severe rain storm there is occasional need for the removal of debris from the storm drain system (lines and catch basins) by vactor truck. The Contractor will be required to meet the Emergency response time as described in D. below. The Contractor will be paid by the dry ton, hourly rate to be fully burdened.
C. SCHEDULING
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1. HOURS OF OPERATION: The Contractor shall perform sewer cleaning services during the hours of 7:00 a.m. to 6:00 p.m., Monday through Thursday, except on City Holidays. When Contractor is working on major streets where traffic flow is heavy, the Contractor will need to adjust working hours to accommodate working in these high traffic areas, or provide traffic control as required by the M.U.T.C.D. Night work in residential areas is prohibited.
2. NIGHT WORK:
a. Night work in residential areas is prohibited.
b. If work is to be performed at night, noise is of special concern. The Contractor shall not use equipment that has sound levels above 83 dBA measured 10 feet away.
c. Meeting the maximum allowable noise level shall not excuse the Contract from further mitigation efforts if complaints occur at that noise level.
3. CITY REVISING CONTRACTOR’S SCHEDULE: The City reserves the right to revise the Contractor’s schedule, if needed, due to conflicting work being performed by Others within the same sewer service area. The City will provide a minimum of one (1) working day notice for the Contractor to change the schedule. Any costs resulting from changes to the schedule shall be borne by the Contractor.
D. NOTIFICATIONS AND RESPONSE TIMES
1. EMERGENCY RESPONSE TIME
Contractor must provide the City Representative with after hours contact phone numbers that will be answered in person by Contractor Staff. Contractor must guarantee a one (1) hour response time (on site) during normal business hours as well as afterhours for emergency call outs by City. Contractor is required to respond to all Emergency call outs with sewer cleaning truck and must provide video inspection of section of sewer line cleaned for this emergency. This will verify that the obstruction caused by the sewer blockage has been properly cleared or to determine if there is maintenance issue requiring repairs.
2. NOTIFICATIONS
The Contractor shall immediately notify the City Representative whenever any of the following conditions are discovered: damaged manhole cover, partial or total pipe blockage, partial or total pipe collapse, or missing piece of pipe (regardless of size).
The Contractor shall contact the Maintenance Division (representatives’ numbers to be provided at the Preconstruction Meeting)
In the event of an emergency after normal business hours, the Contractor shall follow the emergency procedures on the recorded message. The DVD and field log for the section with the damage shall be provided for City review within 24 hours or at the DocuSign Envelope ID: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141 CA\DD\02000.50102\10151745.3
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request of the City. Should the Contractor fail to notify the City of the conditions noted above within the specified timeframe, the Contractor shall be liable to the City for liquidated damages in the sum of
E. LIQUIDATED DAMAGES
Two hundred and fifty dollars ($250.00) per calendar day for the period from the expiration of said 24-hours until the date of delivery for failed notification or failed delivery of the DVD. Additionally, the City may terminate the Contract for lack of notification.
F. CONTRACTOR ERROR OR DAMAGE TO EXISTING IMPROVEMENTS
In the event of a sewer blockage or damage resulting from Contractor error, the Contractor shall immediately notify Department of Water and Power Operations Division. Contractor error may include the failure to use equipment in an appropriate manner or the failure to take precautions normally used when televising sewers. If this blockage requires the City to respond to the emergency created, the Contractor may be charged for the City’s costs to assist with and/or correct the emergency, and report any overflow to the appropriate authorities. In addition, any fines associated with the overflow shall be borne by the Contractor.
G. CITY AUTHORITY/RESIDENTIAL NOTIFICATION AND CONSIDERATIONS
1. RESIDENTIAL IMPACTS: The Contractor shall, at all times, act to minimize the impact of work on residences in the area, including noise and inconvenience of access to property. The Contractor shall be responsible for obtaining any local city permits needed to perform maintenance work on public streets prior to performing inspections. The Contractor shall notify Corona Police Department Dispatch when performing work between 10:00 pm and 6:00 am. No notification of residents shall be required provided the Contractor is successful in minimizing these impacts, as evidenced by the absence of complaints regarding the work.
2. RESIDENTIAL COMPLAINTS: After one complaint is received regarding the Contractor’s operations, resident notification by the Contractor of any work being performed outside of normal working hours (7:00 am to 6:00 pm, Monday through Thursday) shall become mandatory. In addition, the City may determine that resident notification is necessary in some cases even if no complaints are received.
Should the City receive complaints about the Contractor’s field operations, the Contractor shall alter the procedures to mitigate those complaints. Costs to mitigate complaints shall be borne by the Contractor. The City may terminate the Contract if any additional complaint occurs.
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3. RESIDENTIAL NOTIFICATIONS: In these cases, the City shall provide the Contractor with a letter indicating the nature of the Contractor’s work, stating that the City has retained its services. The Contractor shall photocopy and distribute copies of the letter, at its own expense, to all residents that shall be impacted by the Contractor’s operations at least 24 hours in advance of performing work. The letter shall include the date and approximate times that work shall be performed. Hand delivered letters shall not be placed in mailboxes.
H. MONTHLY REPORT
1. DAILY LOG: The Contractor is required to keep a daily log of cleaning operations.
Said log shall state the date, location and linear footage of the sewer lines cleaned.
The Contractor may use copies of the City’s Sewer System Maps for this purpose.
2. DIGITAL FORMAT:
a. Continuous digital recordings of the inspection view as it appears on the monitor shall be stored. File (names) storage shall be compatible with the City’s GIS system for the sewer system. 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 the City, the recording shall be WMV and shall comply with ISO/IEC 11172 WMV specifications. Should file sizes become too large, the Contractor may be required to switch and/or convert to WMV format to complete the scope of work of this Contract at no additional cost to the City. The digital encoding shall include both sound and visual information that can be reproduced with an image equal to the quality of the original picture on the monitor. Compression rate shall be 1.5 Mb/s. The operator will pause the digital recording at any time there is a delay in the inspection. 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 reach inspection. The recorded files shall have a resolution on 352 pixels by 240 and an interlaced frame rate of minimum 24 frames per second. The data shall be time coded using the elapsed time from the video file. The naming of the video file shall be automatic and shall match the indexing file name.
b. For each recorded file, indexing shall exist as a separate text file. The text file shall include the observation detail and the frame number at which the observation is located. The frame number shall be 150 to 200 frames prior to the feet distance the observation appears. This data should be able to be used with Windows Operating System, without any additional software programs. Data should be similar to AVI, text or MPEG files.
c. Separate MPEG files shall be created for each sewer line segment. In cases of reverse setup, such inspection shall be stored in a separate WMV file. WMV files and data inspection files shall be stored on external portable hard drive for delivery to the City.
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3. MONTHLY REPORT SUBMISSION: Each month a Monthly Report shall be prepared from the daily log. Monthly reports shall be required prior to the 10th day of the following month. Reports shall include, all lines cleaned, sorted by pipe size, condition of manholes, all accelerated maintenance areas cleaned and lift stations cleaned. Report shall be submitted to the City Representative along with the monthly invoice for cleaning services. All reports shall be formatted on an external hard drive or portable drive that allows the City to upload data to its server. Any emergency video inspection services shall be digitally recorded also to an external hard drive or portable drive.
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EXHIBIT “B”
SCHEDULE OF SERVICES
Contractor shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines.
The City may extend the term of the agreement with two (2) additional two (2) option year renewal periods, on an as-needed basis, with no guaranteed usage for Sanitary Sewer Cleaning and Emergency Video of Sewer. Bid prices shall remain effective and in force for the entire two (2) year contract term. 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, 2023 through June 30, 2025 Option 2, if exercised, shall be effective July 1, 2025 through June 30, 2027 Option year pricing shall be negotiated by the Parties prior to commencement of each additional annual year period. 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: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141 CA\DD\02000.50102\10151745.3
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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 ”C” attached hereto and incorporated herein by reference.
Item Description Unit Est Qty Unit Price Total Cost
Base Bid Schedule
1 4” to 12” Pipe (@40,000 LF minimum per month) LF 480000 $0.37 $177,600.00 2 14” Pipe LF 2000 $0.38 $760.00
3 15” Pipe LF 49000 $0.38 $18,620.00
4 16” Pipe LF 390 $0.38 $148.20
5 18” Pipe LF 45000 $0.38 $17,100.00
6 21” Pipe LF 16000 $0.38 $6,080.00
7 24” Pipe LF 16000 $0.38 $6,080.00
8 27” Pipe LF 2800 $0.38 $1,064.00
9 42” Pipe LF 13700 $0.38 $5,206.00
10 Ahmanson Lift Station 5’ x 11.5’ x 16’ EA 1 $912.00 $912.00 11 Airport Lift Station 5’ x 14’ EA 1 $912.00 $912.00
12 Arantine Lift Station 6’ x 35’ x 21’ EA 1 $912.00 $912.00 13 Artsian Lift Station 6’ x 26’ EA 1 $912.00 $912.00
14 Bedford Canyon Lift Station 5’ x 18’ EA 1 $912.00 $912.00 15 Green River Lift Station 8’ x 21’ EA 1 $912.00 $912.00 16 Griffin Way Lift Station 5’ x 25’ EA 1 $912.00 $912.00 17 Joy Street Lift Station 7’ x 14’ x 16’ EA 1 $912.00 $912.00 18 McKinley Lift Station 6’ x 21’ EA 1 $912.00 $912.00
19 North Main Street Lift Station 5’ x 17’ EA 1 $912.00 $912.00 20 Prado Lift Station 7’ x 22’ EA 1 $912.00 $912.00
21 SDO Lift Station 8’ x 33’ EA 1 $2,736.00 $2,736.00
22 Smith and Rincon Lift Station 10’ x 25’ EA 1 $912.00 $912.00 23 Stagecoach Lift Station 4’ x 19’ EA 1 $912.00 $912.00 24 Sunkist Lift Station 13’ x 11’ x 36’ EA 1 $912.00 $912.00 25 WRF 3 Lift Station (Primary) 11’ x 8’ x 19’ EA 1 $1,368.00 $1,368.00 26 WRF 3 Lift Station (Secondary) 11’ x 8’ x 19’ EA 1 $1,368.00 $1,368.00 27 Water Reclamation Facilities miscellaneous vacuum
truck/jetting services @ 4 hours min. EA 1 $1,120.00 $1,120.00 28 Manhole Cleaning EA 1 $100.00 $100.00
Subtotal $252,118.20
DocuSign Envelope ID: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141 CA\DD\02000.50102\10151745.3
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Item Description Unit
Est
Qty
Unit
Price Total Cost
Monthly Hot Spot Locations
29 Corporate Yard Lines (must be done at night. Work must be complete and equipment removed from yard by 06:30
a.m.) MH 11019-11020-11021-10475-10476-10477-
10478-3864-3863-3862-3861
(Map Page K-15)
TOTAL of 1,333.82 LF and 11 Manholes EA 1 $880.32 $880.32 30 East Rincon Street, East of North Main Street (Marie Calendar’s) MH 4434-4433 (Map Page L-15)
TOTAL (this Portion)
425 LF and 2 Manholes
Reverse clean MH 4434-4435
TOTAL (this portion)
244 LF and 1 Manhole EA 1 $441.54 $441.54
31 North Main Street/River Road (Southbound Left Turn
Lane) MH 4442-8282 – Double barrel siphon (Map Page L15) TOTAL 104.5 LF x 2 EA 1 $137.94 $137.94
32 230 River Road at Wash MH 4398-4441 (East) (Map Page L-14/15)
TOTAL 344 LF and 2 Manholes EA 1 $227.04 $227.04
33 230 River Road along Wash MH 4397-4498 (East) Reverse clean (Map Page L-14)
TOTAL 107.1 LF and 2 Manholes EA 1 $70.69 $70.69
34 River Road at Kalus Avenue (intersection) MH 3789-3796 North (Map Page K-14)
TOTAL 387 LF and 2 Manholes EA 1 $255.42 $255.42
35 600 Block South Vicentia Avenue (East/West Alley)
Manhole drop connection 4005-3970 West.
(Map Page K-17).
TOTAL (this portion)
239 LF and 2 Manholes
Manhole 4000-3970 (450 LF) run East at low pressure. DO NOT PASS 200 LF, nozzle will get stuck in lateral (removal will be at Contractor’s expense)
TOTAL (this portion)
450 LF and 2 Manholes EA 1 $454.74 $454.74
DocuSign Envelope ID: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141 CA\DD\02000.50102\10151745.3
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36 1111 West Sixth Street (Wells Fargo Bank) MH 3337-3338- 3277 (Map Page J-17)
TOTAL 685.19 LF and 3 Manholes EA 1 $452.23 $452.23
37 Taylor Avenue at West Crestview Street (Intersection) MH 4174-4160
(Map Page K-19)
TOTAL 288.6 LF and 2 Manholes EA 1 $190.48 $190.48
38 220 West Kendall Street (in alley) MH 4118-4098 run up the line slow. Enter Alley from North or South. (Map Page K-19)
TOTAL 461 LF and 2 Manholes EA 1 $304.26 $304.26
39 East Grand Blvd. MH 4578-4579. Cleaning to verify that it is flowing. Low PSI, SLOW SPEED, grenade only. (Map
Page L-18)
TOTAL 185 LF and 2 Manholes. EA 1 $122.10 $122.10
40 East Third Street between South Main Street and South Washburn Avenue. MH 45939-4535, south. (Map Page L17)
TOTAL 50 LF and 2 Manholes EA 1 $33.00 $33.00
41 East Third Street to Quarry Street. MH 5069-5070-5071- 05074-5046/9296-5073-5072-5071. Must run up line
slowly and at low pressure. (Map Page M-17)
TOTAL 1,612.80 LF and 9 Manholes EA 1 $1,064.45 $1,064.45 42 Mt. Humphries Street, East of North McKinley Street MH 7288-7287-7286-7271 south. (Map Page P-14)
TOTAL 299.42 LF and 4 Manholes EA 1 $197.69 $197.69
Subtotal $4,831.90
DocuSign Envelope ID: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141 CA\DD\02000.50102\10151745.3
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Item Description Unit
Est
Qty
Unit
Price Total Cost
Quarterly Hot Spot Locations
43 North Joy Street and East Parkridge Avenue (Intersection) MH 4456-4454-4453/4452-4451-4453-4424. (Map Page L15) Requires Traffic Control.
TOTAL 1,051.1 LF and 7 Manholes EA 1 $693.73 $693.73
44 1012 Serene Dr. MH 3782-3770
(Map Page K-13)
Requires Traffic Control.
TOTAL 209 LF and 2 Manholes EA 1 $137.94 $137.94
45 Green River Road MH 1078-1081-8281-1080-1079-1070-
1077-1060-1061-1062-1063. (Map Page D-16)
Traffic Control Signage needed.
TOTAL 2,322 LF and 11 Manholes EA 1 $1,532.52 $1,532.52 46 Dos Lagos Shopping Center MH 10514-10513-10512-
10730-10729-10728-10727-10726-10725/1104-11043-
10515-10516-
10517-10518-10519-10520-10521-10522-10724-10723-
11255-10722-10721-10720-10719/11042-11041-10524-
10523-10523
(Map Page L-18)
TOTAL 3,708 and 31 Manholes EA 1 $2,447.28 $2,447.28
47 Grand Blvd. MH 4605-4607 Cleaning to verify that it is flowing. Low PSI, SLOW SPEED, grenade only.
(Map Page L-18)
TOTAL 259 LF and 2 Manholes EA 1 $170.94 $170.94
48 Alley behind East Eighth Street, between East Grand Blvd. and South Joy Street. Open cleanout before running very low pressure when jetting.
(Map Page L-18)
TOTAL 335 LF and 2 Manholes EA 1 $221.10 $221.10
49 Corona Avenue under the I-15 Interstate MH 10737-9040- 9039-9038
TOTAL 541 LF and 4 Manholes EA 1 $357.06 $357.06
Subtotal $5,560.57
DocuSign Envelope ID: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141 CA\DD\02000.50102\10151745.3
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Item Description Unit
Est
Qty
Unit
Price Total Cost
Post Storm - Emergency Storm Drain Clean Out
50 Vactor Truck debris cleanout for storm drain system
(lines and catch basins) – 4 hour minimum HR 4 $342.00 $1,368.00 51 Disposal of storm drain debris by dry ton Ton 1 $100.00 $100.00 Subtotal $1,468.00
Item Description Unit
Est
Qty
Unit
Price Total Cost
Emergency Response Time and City Requests
52 Sewer Lateral jetting per City’s request. (ten (10) LF minimum. LF 10 $36.00 $360.00
53 Emergency cleaning service and video recording with
one (1) hour response time.
4 hour minimum. Normal Business Hours. HR 4 $513.00 $2,052.00 54 Emergency cleaning service and video recording with
one (1) hour response time.
4 hour minimum. Nights (from 6 p.m. to 7 a.m.), Fridays, weekends and holidays. HR 4 $800.00 $3,200.00
55 Emergency video inspection of sewer lines up to 12” in diameter. LF 1 $5.00 $5.00
56 Emergency video inspection of sewer lines from 14” to 18” in diameter. LF 1 $5.00 $5.00
57 Emergency video inspection of sewer lines from 20” to 24” in diameter. LF 1 $5.00 $5.00
58 Emergency video inspection of sewer lines 27” in
diameter. LF 1 $5.00 $5.00
59 Emergency video inspection of sewer lines 42” in
diameter. LF 1 $5.00 $5.00
Subtotal $5,637.00
Total $269,615.67
Pursuant to Section. 3.2.12 Bonds, payment and performance bonds will be required for a value of 100% of the total compensation identified in Section 3.3.1 Rates & Total Compensation.
DocuSign Envelope ID: AD06F4FE-1AD8-4338-95FB-AB45BF04FE49 DocuSign Envelope ID: 9CED8D30-8737-4536-B3D9-923F11DED141