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20220621_04_ServAgree_Amend1_ProPipe

Laguna Niguel City Council
June 21, 2022

Document
20220621_04_ServAgree_Amend1_ProPipe
Meeting
June 21, 2022
Body
Laguna Niguel City Council
Pages
30
Original file
3.7 MB
Text extracted from the city's file for reading and search. Open the original on www.cityoflagunaniguel.org. That file is the official record.

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: June 21, 2022
SUBJECT: Approval of Amendment No. 1 to the Maintenance Services Agreement for Storm Drain System Video Detection and Cleaning with Pro Pipe, Inc.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Amendment No. 1 to the Maintenance Services Agreement for Storm Drain System Video Detection and Cleaning with Hoffman Southwest Corp., dba Professional Pipe Services (Pro-Pipe) to extend the term from July 1, 2022 through June 30, 2023 for the not-to-exceed amount of $210,000 per year;

2. Recognize the official corporation name change from Hoffman Southwest, Corp., dba Professional Pipe Services (Pro-Pipe) to Pro Pipe, Inc., as certified with the Secretary of State;

3. Authorize a not-to-exceed 20% contingency per year of the total contract in the amount of $42,000 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work for a total not-to- exceed amount of $252,000 per year, if needed; and,

4. Authorize the City Manager to execute Amendment No. 1 and future amendments to the Maintenance Services Agreement with Pro Pipe, Inc., subject to the City Attorney making non-substantive changes.

BACKGROUND
The City of Laguna Niguel has an extensive storm drain system, which requires annual inspection to document its present condition and determine cleaning and maintenance needs as mandated by the San Diego Regional Water Quality Control Board. On April 9, 2018, the City circulated a Request for Proposals (RFP) for Storm Drain System Video Detection and Cleaning Services. Staff reviewed the proposals for experience, project schedule, and cost rates. At the City Council Meeting on June 19, 2018, Hoffman Southwest Corp., dba Professional Pipe Services, Inc. (Pro Pipe, Inc.) was awarded a Maintenance Services Agreement for Storm Drain System Video Detection and Cleaning

Page 2 ends

Services (Attachment "A"). In the three years since Pro Pipe, Inc. was awarded the contract, they have met all the criteria and expectations set forth by the City and terms of the Agreement.

The Public Works Department is responsible for the oversight of the City's storm drain system. Storm drain system video detection and cleaning services support City Council Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan and are part of the best management practices (BMPs) that aid the City in diverting debris from the City's storm drain systems.

ANALYSIS
Pro Pipe, Inc. performs Closed Circuit Television (CCTV) inspections of the City's storm drain system and makes recommendations to City staff for the cleaning, repair, or replacement of any compromised lines within the system. When requested by City staff, Pro Pipe, Inc. removes debris such as sludge, dirt, sand, rocks, grease, roots, and other solid or semi-solid materials from the storm drain pipeline.

Pro Pipe, Inc. is currently in year three of the Maintenance Services Agreement to provide Storm Drain System Video Detection and Cleaning Services. The Agreement allows for two one-year extensions based upon the contractor's performance. Pro Pipe, Inc. has consistently provided excellent customer service to the City and community. Pro Pipe, Inc. will accept the one-year extension without a proposed increase to the Agreement.

Based on the City's experience with Pro Pipe, Inc., staff recommends approving Amendment No. 1 to the Maintenance Services Agreement with Pro Pipe, Inc. to extend the term from July 1, 2022 to June 30, 2023 in the not-to-exceed amount of $210,000 per year. In addition, Amendment No. 1 will include a not-to-exceed 20% contingency per year of the total contract in the amount of $42,000 for unforeseen conditions or extra work for a total not-to-exceed amount of $252,000 per year. Amendment No. 1 can be found in Attachment "B"

ALTERNATIVES CONSIDERED

1. The City Council may decide not to approve Amendment No. 1 to the Maintenance Services Agreement with Pro Pipe, Inc. and direct staff to issue a Request for Proposals (RFP) for Storm Drain System Video Detection and Cleaning Services.

Staff believes issuing an RFP at this time will not result in more desirable proposals.

2. The City Council may decide not to approve any contracts for Storm Drain System Video Detection and Cleaning Services. This alternative is not recommended because the City will not have a contractor to maintain the City's extensive storm drain system.

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FISCAL REVIEW
There is adequate funding in the Fiscal Year 2022-23 Public Works Department budget to fund the cost of Amendment No. 1. Subject to City Council approval, funding for storm drain video detection and cleaning will be budgeted in subsequent fiscal years.

LEGAL REVIEW
The City Attorney's Office has reviewed Amendment No. 1 and this staff report and has approved both documents as to form.

CONCLUSION
Staff recommends that the City Council:

1. Approve Amendment No. 1 to the Maintenance Services Agreement for Storm Drain System Video Detection and Cleaning with Hoffman Southwest Corp., dba Professional Pipe Services (Pro-Pipe) to extend the term from July 1, 2022 through June 30,2023 for the not-to-exceed amount of $210,000 per year;

2. Recognize the official corporation name change from Hoffman Southwest, Corp., dba Professional Pipe Services (Pro-Pipe) to Pro Pipe, Inc., as certified with the Secretary of State;

3. Authorize a not-to-exceed 20% contingency per year of the total contract in the amount of $42,000 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work for a total not-to- exceed amount of $252,000 per year, if needed; and,

4. Authorize the City Manager to execute Amendment No. 1 and future amendments to the Maintenance Services Agreement with Pro Pipe, Inc., subject to the City Attorney making non-substantive changes.

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Jamasa SEetousneau Never It. Emis
Tamara S. Letourneau Kevin G. Ennis
City Manager City Attorney
30000
Jacki Scott Bruce Lindemann
Public Works Director/City Engineer Maintenance Services Manager Attachments:

A. Maintenance Services Agreement with Hoffman Southwest Corp., dba Professional Pipe Services (Pro-Pipe)
B. Amendment No. 1 to the Maintenance Services Agreement with Pro Pipe, Inc.

ATTACHMENT A
Maintenance Services Agreement with Hoffman Southwest
Corp., dba Professional Pipe Services (Pro-Pipe)

AGREEMENT FOR MAINTENANCE SERVICES

STORM DRAIN SYSTEM

VIDEO INSPECTIONS AND CLEANING
THIS AGREEMENT is made and entered into the 1gt day of June, 2018, by and belten the Cite op, une Migres on muipe pal ices (ro Pip) a calitomi operation ereinafter the "Contractor.

RECITALS:

City requires professionals to provide video screenings and cleaning for the storm drain system of the City.

2. City circulated a Request for Proposal for "Storm Drain System Video Screenings and Cleaning" on April 9, 2018, which is Exhibit "A" to this Agreement.

Contractor submitted a revised proposal on June 07, 2018, to the City to provide the required services, which is Exhibit "B" to this Agreement.

City staff reviewed all of the proposals and analyzed the proposed cost rates.

After considering the qualifications, and the Contractor's proposed cost, staff has determined that an Agreement to provide required services should be awarded to the Contractor.

The City desires to enter into an Agreement with Contractor for required services.

AGREEMENT:

NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:

1. Scope of Work. Contractor shall provide the Storm Drain System Video Inspections of June 07, 2018 which are attached hereto respectively as Exhibits "A" and "B." 1/26/17 FORM
1 Potential additional subparagraph: In the event of any conflict or inconsistency between Exhibits "A" and "B" and this Agreement, this Agreement shall take precedent over Exhibits "A" and "B."

2. Additional or Different Services. Any proposed changes in the Scope of Work shall be made only by written amendment to this Agreement.

3. Term. The Contractor shall commence providing the required services on July 1, 2018, and this Agreement shall continue in full force and effect until June 30, 2022, subject t ermination as provided in paragraph 18
Agreement may be extended for two one-year terms if the contractor's performance is satisfactory.

4. Payment for Services. City agrees to pay Contractor for providing the services which are described in Exhibit "A," and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "B", with a not to exceed amount of $210,000 per fiscal year.

Withholdings. City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue its work for a period of thirty (30) days from the date of withholding as a result of such withholding. Contractor shall have an immediate right to appeal to the City Council with respect to such disputed sums. The determination of the City Council with respect to such matters shall be final.

Upon submission of each invoice, if the City is satisfied that the Contractor has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within thirty (30) days of receipt of the invoice by City. Such approval shall not be unreasonably withheld. If City does not approve an invoice, the City shall notify Consultant in writing of the reasons for the non-approval within seven (7) days of receipt of the invoice.

5. Contractor to Supply Instrumentalities. Contractor shall supply all necessary labor, tools, materials, appliances, and equipment to provide the required services.

6. Licenses: Standard of Care.

Contractor represents and agrees that all personnel engaged by Contracto and local lan to pecs a such series. Coitracto eard an and vardo point and sal licenses, permits, qualifications, and approvals to provide the services and work required to be 1/26/17 FORM
2 performed by this Agreement. Contractor further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement. (b) Contractor shall perform the services under this Agreement in a skillful and competent manner. The Contractor shall be responsible to City for any errors or omissions in the performance of work pursuant to this Agreement. Should any errors caused by Contracto e found in such services, Contractor shall correct the errors at no additional charge to City bj

7. Legal Responsibilities.
(a) Contractor shall keep itself informed of all State and Federal laws and regulations which may in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Contractor shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.

The City and its Council members, officers, employees, agents, representatives and consultants are not responsible or liable for any claims, losses or damages that may arise from injury to any person, including employees of Contractor or any subcontractor, or from damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the required services.

8. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

9. Subcontracting Subject to Approval. Contractor may not subcontract any portion of the work required by this Agreement to other persons or firms unless Contractor first obtains the written consent of City to engage in such subcontracting.

10. Independent Contractor. Contractor is and shall at all time remain as to City a employees, or agents. Contractor shall not at any time or in any manner represent that it or any f its officers, employees, or agents, are officers, employees, or agents, of the City. Except a specified in writing by City, Contractor shall have no authority, expressed or implied, to act o:
behalf of City, and Contractor shall have no authority, expressed or implied, to incur any obligation or liability against the City. Contractor shall be responsible for and pay all taxes and 1/26/17 FORM
3 11. Administration. This Agreement will be administered by the Public Works Department. The Director of Public Works or his designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The Director of Public Works or his designee shall represent the City in all matters pertaining to the

12. Indemnification. Contractor shall indemnify, protect, defend and hold harmless, City

13. Liability Insurance.

Without limiting Contractor's indemnification of City, as described in paragraph 12, Cont ador a bai es of i sard mci ain at it one is, dun the are of this. admitted to do business in the State of California, which contain the coverage described below.

The policy or policies shall be provided to City prior to the Contractor providing services (1) Comprehensive Liability Insurance, vehicular and nonvehicular, for claims for bodily injury, death, or property damage which may arise from the performance of the Contract. Such insurance shall be in an amount of at least $2 million per occurrence and in the aggregate. (2) Certificates of Insurance shall be provided by Contractor as evidence of the above-indicated policies.
(3) The City of Laguna Niguel, the City Council, and the City's officers, employees, agents and representatives shall be named as additional insureds under these policies.
(4) Said Certificates of Insurance shall provide that 30 days written notice of cancellation shall be given to the City in the event of cancellation and/or reduction in coverage of any nature.

Contractor shall include subcontractors, if any, as insureds under its policies or shall fumish separate cerificates of insurance for each subcontractor. All coverage for each subcontractor shall comply with the reguirements of this paragraph. 1/26/17 FORM
4 14. State Labor Code.

Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Laguna Nipuel and are available for review upon request.

Contractors and subcontractors who are ineligible to bid for work on, or be awarded, a public works project pursuant to State Labor Code Sections 1777.1 and 1777.7 are prohibited from bidding on, being awarded, or performing work as a subcontractor, on this Project pursuant to Public Contract Code Section 6109.

C. Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the State Labor Code. Contractor shall comply with the provisions in these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Pursuant to Section 1775 of the State Labor Code, the Contractor and any subcontractors, shall, as a penalty to the City forfeit the prescribed amounts per calendar day, or portion thereof, for each worker paid less than the prevailing wage rates. d. The Contractor shall post at the work site a copy of the wage rates and post other information as required by law or regulation of the State Labor Commissioner.

Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

Each Contractor and subcontractor shall furnish the records specified in State Labor Code Section 1776 directly to the State Labor Commissioner at least monthly in the format prescribed by the State Labor Commissioner.

Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices Section 1777.5 of the Labor Code requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship 1/26/17 FORM
5 Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certiticate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.

Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age.
h. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813.

15. Workers' Compensation Insurance. Contractor acknowledges the provisions of State Labor Code Section 3700, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and Contractor certifies that it will comply with these provisions before commencing performance of work under this Contract. The Contractor shall sign a Workers' Compensation Insurance Certificate, in a form satisfactory to the City, and submit the signed Certificate to the City prior to commencing work under this Contract.

Arbitration. Any disputes between City and Contractor under this Agreement shall be resolved by binding arbitration. City and the Contractor shall mutually agree as to the selection of an arbitrator and the procedures for the conduct of the arbitration. The decision of the arbitrator shall be final and binding upon the parties. The assignment for payment of the costs of arbitration shall be part of the arbitrator's decision, but the prevailing party will be awarded its reasonable attorney's fees.

Nondiscrimination by Contractor. Contractor represents and agrees that Contractor, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, religion, color, sex, handicap, or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

Termination. City may terminate this Agreement, without cause or penalty, by providing written notice to the other party that the Agreement is terminated. Said written notice 1/26/17 FORM
6 shall be provided at least ninety (30) days in advance of the termination date. Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in paragraph 3. by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and CITY: City of Laguna Niguel
Attn: Director of Public Works
30111 Crown Valley Parkway
Laguna Niguel, California 92677
CONTRACTOR: Hoffman Southwest Corp., da Professional Pipe Services (Pro- Pipe)
Attn: Jason Walborn
23311 Madero,
Mission Viejo, CA 92691
incorporated herein by his reference as toge co for his lineme fee tached hereto and this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California.
1/26/17 FORM
7 Breach of Agreement. If Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.

24. Altorney Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

25. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

26. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.

Authority to Sign. The persons executing this Agreement on behalf of the Contractor warrants and represents that they have the authority to execute this Agreement on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder.

28. Progress. Contractor is responsible to keep the Project Administrator and/or his designee informed on a regular basis regarding the status and progress of the work being performed pursuant to this Agreement.

29. Cooperation of City. City agrees to comply with all reasonable requests of Contractor and provide access to all documents reasonable necessary for the performance of Contractor's duties under this Aereement, with the exception of those documents which the Scope of Work calls upon the Contractor to prepare.

30. Confidentiality. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work being performed pursuant to this Agreement shall be made without prior written approval of the City. The information which results from promation the stories equired by this Agreement is to be kept confidential unless the release of 1/26/17 FORM
8 31. Conflicts of Interest. Contractor represents that it is not currently engaged in and has not contracted to perform work on the behalf of any party or parties whose interests are or would reasonably appear to be adverse to those of City. In the event that Contractor should discover that it has represented, is representing or is being requested to perform work for a party or parties with interests adverse to those of City, Contractor shall immediately notify City in writing of such situation. Said notification requirement shall apply to all work performed by Consultant for another party or parties, with interests adverse to those of City, on a subcontract as well as on a contract or other basis. Further, the Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall comply with all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City.

Contractor agrees not to provide services within the City boundaries for any other public or private entities without prior written approval from City.

32. Ownership of Documents and Drawings. All original drawings, plans, designs, reports, notes, calculations, maps, and other documents developed during the course of Contractor providing the professional services required by Exhibit "A" shall be the property of the City and shall be provided by Contractor to City upon their completion. Further, even if this Agreement is terminated, said documents shall be the property of the City and may be used by City as it determines appropriate.
|II
1/26/17 FORM
9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"

CITY OF LAGUNA NIGUEL
By.- Ristine Rideg
Eileen Gomez,
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
To a 30, Est Trols
City Attorney "CONTRACTOR"
Hoffman Southwest Corp., dba Professional Pipe Services (Pro-Pipe)
Make Bul
By:

Print Name: Mavu. Bure
Title: President C.20
Print Name: Bruce lux
Title: CF0
[Signatures are to be notarized; attach Acknowledgment. Obtain two signatures if contractor is a corporation.]
1/26/17 FORM
10 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California Orange County of
On July 6, 2018 before me,_ Jennifer Clay, Notary Public, (insert name and title of the officer)
personally appeared Mark Burel and Bruce Lux
who proved to me on the basis of satisfactory evidence to be the personS whose names) isare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signatureS) on the instrument the personS) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

JENNIFER L. CLAY
Commission # 2129230
some Trila Notary Public - California
Orange County
(Seal) { My Comm. Expires Oct 5. 2019
EXHIBIT "A"

REQUEST FOR PROPOSAL
1/26/17 FORM
11 198°

CITY OF LAGUNA NIGUEL

STORM DRAIN SYSTEM

VIDEO INSPECTIONS AND CLEANING

REQUEST FOR PROPOSAL
April 2018
04/09/18

CITY OF LAGUNA NIGUEL

STORM DRAIN SYSTEM VIDEO INSPECTIONS AND CLEANING

NOTICE OF REQUEST FOR PROPOSAL
PUBLIC NOTICE IS HEREBY GIVEN that City of Laguna Niguel is accepting proposals for he Storm Drain System Video Inspections and Cleaning. Proposals will be received at the office of the Public Works Department, City of Laguna Niguel, 30111 Crown Valley Parkway, Lagun Niguel, CA 92677 until 2:00 p.m. on Monday, May 21, 2018.

Proposals shall be prepared on the approved proposal forms included in the "Request for Prosa backg. unanişul packages may be viewed and/or dowaloaded from the City Proposals shall be submitted in sealed envelopes marked on the outside, "REQUEST FOR

PROPOSAL FOR STORM DRAIN SYSTEM VIDEO INSPECTIONS AND CLEANING - DO NOT OPEN" with regular mail.

The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request at Laguna Niguel Public Works Department or online at http://www.dir.ca.gov/dlsr. The successful bidder and all subcontractors) under him shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this project, it shall be the Bidder's sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this

Page 1 ends

PRE-PROPOSAL MEETING
Nigel, CA 927 at 10r0 al. on April 24, 2018. Project re Cite alley be disay, seg and questions or comments will be addressed at that time.

SUBMITTING REQUESTS
With the exception of oral questions asked at any Pre-Proposal Meeting, all questions, clarifications or comments shall be put in writing and must be received by the City no later thar April 30, 2018 at 2:00 p.m., and be addressed as follows:

City of Laguna Niguel
Attn: Hal Ghafari
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
[email protected]

SCOPE OF WORK
The work will consist of inspecting by using video camera, and cleaning the storm drain lines and structures, as needed, one grid at a time until either the year's budget has been depleted or the end of the budget year has been reached. The Contractor shall be responsible for the remova of debris from the storm drain pipeline and manholes, and shall take all the necessary steps to ensure that no spills of any storm sewer debris occur. Storm sewer debris is described as, but not limited to, sludge, dirt, sand, rocks, grease, roots, and other solid or semi-solid materials.

LICENSE REQUIREMENTS
At the time of contract award, the Contractor shall possess one or more of the following ertifications: class A, B, C-34, or C42 Contractor's License. No proposal will be accepted fron , Contractor who has not been licensed in accordance with the provisions of Chapter 9, Divisior Su orite Business and Professions Code of the State of California at the time the proposal is

PROPOSAL SUBMITTAL
The City will select, as to each Request for Proposal, the best overall proposal. The City reserves

Page 2 ends

CITY OF LAGUNA NIGUEL

STORM DRAIN SYSTEM VIDEO INSPECTIONS AND CLEANING

PROPOSAL INSTRUCTIONS
EXAMINATION OF SPECIFICATIONS AND SITE OF WORK:
nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions indicated in the Specifications and actual conditions revealed during examination or progress of the work. The submission of a Proposal shall be prima facie evidence that the Contractor has made such an examination.

INTERPRETATION OF SPECIFICATIONS AND CONTRACT DOCUMENTS:

If any Contractor should find discrepancies in, or omissions from the specifications or other proposed contract documents, or if they should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Project Manager listed below for correction, clarification or interpretation of the point or points in question. Written requests must be made via email or US Postal Service by April 30, 2018. The person submitting such a request shall be responsible for its prompt delivery.

In the event that such a request is submitted and it should be found that certain essential information is not clearly and fully set forth, or if it is discovered that errors, omissions, or points require clarification in the drawings or documents, a written addendum will be posted to the City's website. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to Contractors in any manner other than written addendum. Additional questions or inquiries may be addressed to the Environmental Programs Supervisor, Hal Ghafari at the Public Works Department, 30111 Crown Valley Parkway, Laguna Niguel, CA 92677, or sent via email to [email protected].

ADDENDA OR BULLETINS:

The effect of all addenda to the contract documents shall be considered in the Proposal and said addenda shall be made a part of the Contract Documents and shall be returned with them. Before submitting his Proposal, each Contractor shall inform himself as to whether or not any such addenda or bulletins have been issued. Failure to cover in his Proposal any addenda or bulletins issued may render his Proposal as invalid and result in its rejection.

Page 3 ends

DISQUALIFICATION:

No person, firm or corporation shall be allowed to make, file or be interested in more than one roposal for the same work unless alternate Proposals are called for. A person, firm o orporation who has submitted a sub-proposal to a Contractor, or who has quoted prices o materials to a Contractor, is not hereby disqualified from submitting a Proposal in his own behalf.

PROPOSALS:

Proposals to receive consideration shall be in accordance with the following instructions:

A. Proposals shall be made only upon the forms provided within these specifications and identified as exhibit "A" on pages 27-30. All Proposal items shall be properly filled out.

Proposal prices shall be stated and the signatures of all persons signing shall be in longhand. All pricing is to include and cover all taxes, the performing of all labor requisite or proper, and the providing of all necessary machinery, tools, apparatus and other means of maintenance to properly perform the task per the Specifications.

B. All prices and notations must be in ink or typewritten. No erasures will be permitted Mistakes may be crossed out and corrections typed or written in ink adjacent thereto an must be initialed in ink by the person or persons signing the Proposal.

C. Worksheets must be filled out in their entirety.

D. Proposals shall not contain any recapitulation of the work to be done. Alternate Proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic Proposals or modifications will be considered.

The City may require any Contractor to furnish a statement of his financial responsibility, technical ability, equipment and references properly and fully filled out.

F. Each Contractor shall submit a statement of experience and list of equipment owned or perated over which they have immediate access to for the purpose of filling any and a ontractual obligation:

G. Proposals shall be delivered to the Public Works Department on or before the day and hour set for receipt of Proposals.

INSURANCE/INDEMNITY:

Prior to beginning work, Contractor shall be required to obtain comprehensive general liability insurance and comprehensive automobile insurance in amounts required by the City. In addition, Contractor shall be required to obtain Workers Compensation Employers Liability Insurance in the statutory amount as required by State law. These insurance policies shall be maintained

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during the term of the Agreement. Prior to beginning work, Contractor shall provide to City certificates of insurance evidencing that the required insurance coverage have been secured by Contractor, and Contractor shall provide endorsements to the City establishing that the City has been added as an additional insured to the insurance policies required under the Agreement. All insurance policies shall state that the City shall receive thirty (30) days advance notice of any changes in such policies, including cancellation or reduction in coverage.

Contractor shall also be required to indemnify, defend and save harmless the City from and gainst all claims or liability arising out of Contractors activities pursuant to the Contrac Specific reference is made to the INSURANCE Section of the Agreement for Professiona Services Agreement included as clause "19").

WITHDRAWAL OF PROPOSAL:
roposers' authorized representatives may withdraw Proposals only by written request receive y the Project Manager before the Proposal Submittal Deadline SELECTION OF SUCCESSFUL PROPOSER:

The City will select a Contractor from those that submit qualified proposals. The successful Proposer or Proposers shall execute a written agreement with the City prior to City Council award of the maintenance contract and furnish the stipulated insurance and other documents as required within ten (10) days after selection.

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SCOPE OF WORK
Bid Item #1 CCTV Videotaping of City Storm Drain Lines
This bid item includes furnishing all material, equipment and labor required to televise the storm drain lines, including accessing the lines by managing the flows, if any, as specified.

The Contractor shall televise for cleanliness and condition assessment and shall provide a digital recording of the storm drain lines (main and lateral sections) as specified. Plugging or blocking and minor by-pass pumping (pump smaller than 18-inch) of nuisance water flows shall bi considered incidental to the work and shall not be considered a separate payment. Closed Circuit Television Inspections (CCTV) shall be paid for at the unit price bid per linear foot of pipe inspected. Measurement of the actual number of feet televised shall be made from the center of manholes and or junction structures.

Payment will be made on a linear foot basis according to the unit price bid.

Overview
The City of Laguna Niguel has an extensive storm drain system and desire to video monitor to document the present condition of the system to determine what lines of the system need attention to be cleaned, repaired or replaced. The budget for accomplishing this task over four fiscal years is $150,000 рет ya.

The Contractor shall label existing manholes, inlets and junction structures as the video- monitoring is being done. The digital files described in the following sections will then be transferred to City staff in an external hard drive.

The work will consist of monitoring and cleaning the storm drain lines and structures. An estimate of the total length of storm drain lines and inlets is provided below. This estimate is given as a reference only and does not include the size of the facility. This estimate should not be construed as complete or all-inclusive.

Storm Drain Lines 408,726 Linear Feet
Curb Inlets 1,176

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Storm Drain Line Video Inspection
The Contractor will furnish all labor, materials, equipment and incidentals necessary for the video inspection of various lengths and sizes of storm drain lines located throughout the City of the video inspection in non-proprietary software, such as Windows Media Player. The Contractor noted defects (JPEG format).

Equipment
Video inspection equipment shall include video cameras, a video monitor, cables, power sources, and all equipment necessary to perform a video inspection per the Contract Documents. A backup camera shall be provided onsite at all times. The camera shall be specifically designed and constructed for the storm drain lines. The camera will be operative in 100% humidity conditions. CCTV inspections shall be performed using Pan-and-Tilt camera (with a minimum of 360x270-degree rotation) video system. The camera and video monitor shall produce a minimum 460 lines of resolution. Illumination sensitivity shall be 3 lux or less. During inspection, lighting intensity shall be adjusted to minimize reflective glare. Lighting and picture quality shall be adjusted to provide a clear, in-focus picture of the entire periphery of the pipeline for all conditions encountered. Camera focal distance shall be adjustable through a range from 25mm (1 inch) to infinity.

Manual winches, power winches, TV cable powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation of the storm drain conditions shall be used to move the camera through the storm drain lines. Whenever non-remote powered and controlled winches are used to pull the television camera through the line, telephones, radios or other suitable means of communication, will be set up between the two manholes and/or structures of the section being inspected to ensure that adequate communications exist between the members of the crew.

The Contractor shall have camera cables, power cords, and ancillary equipment capable of recording reaches of up to 1,500 feet in one direction.

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Video Inspection Procedure
The initial activity of the Contractor shall be to identify the manholes, inlets, outlets and junction structures using the City-provided system within the same City grid system. The grids are 1,800 feet spacing in the northerly direction by 3,200 feet in the easterly direction. The numbering within each grid will start with 1 for each of the structure types.

The City shall provide the Contractor with copies of digital and paper maps of the drainage system available to the City. These maps are not considered to be complete, as the City anticipates finding any missing information as part of this project. The Contractor shall prepare an Environmental Systems Research Institute (ESRI) map document (*.mxd), which shall be based on the digitized record drawings of the system being inspected during the First Year. The The map document shall include a file geodatabase or individual shape files of the storm drain features, including the use of existing GIS data available from public sources, such as street centerlines, City grids, City parcels, building outlines (when available), and building addresses (when available). The storm drain features shall include, but not be limited to storm drain pipes, laterals, manholes, junction structures, catch basins, curb inlets, grates, and all other inlets, outlets, and pipe features identified on paper maps or discovered in the field.

Prior to beginning work, the Contractor shall submit a sample of the draft map document for approval (*.mxd). The map document shall clearly depict the symbology that will be used for the maps and the access points for the CCTV inspection equipment. Because points of connection, such as junction structures and buried features, may not be accessible from the surface and should be recorded as a NODE layer in the map document whenever it is encountered.

The map document shall include all future layers and their associated attribute tables, including fields that will be used for storing data recorded during the CCTV inspection. The storm drain feature classes shall be numbered as described above and shall include material, length, and dimensions. The attribute table shall also include "place holder" fields for the material, size, length, the four digit Pipeline Assessment and Certification Program (PACP) defect codes, the direction of travel (i.e. upstream or downstream), "TRUE" or "FALSE" values to indicate whether the inspection was complete, Start ID, Finish ID, and the most recent date of inspection.

The CCTV video inspection numbering schema shall match the new map document feature clas Ds for each run. When discrepancies exist between the record documents and the feature discovered in the field, the inspector shall provide a red-line markup on draft atlas maps for to the City for review. The Contractor shall submit paper copies of the draft atlas maps prior t beginning work
The Contractor shall complete the First Year of CCTV inspection prior to completing the First Year map document. However, the First Year map document shall be complete prior to beginning the Second Year CCTV inspection.

The camera shall be lowered into the manhole or structure and placed into the pipe. The camera cable shall be retracted to remove slack to ensure an accurate footage reading. The cable footage- counter shall be reset to the distance between the centerline of the manhole and the front lens of

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centerline. The counter shall be accurate to less than one percent error over the measured distance.

The camera shall stop at all significant observations to ensure a clear and focused view of the pipe condition. The observations shall also be noted on the inspection report with stationing referenced. These observations shall include, but not be limited to:
: Laterals - open or sealed
Laterals - protruding or defective
• Cracks
Offset joints
Open joints
Sags and/or standing water
Line deviations
• Siphons
Missing sections
Infiltration
Debris
Grease
Chemicals
Roots
Vermin
PVC liner or weld strip defects
Missing Manholes or Junction Structures
Missing Cleanouts
.... Missing Catch Basins
Substandard Manholes
Manhole frames and covers
Operator shall provide a 360-degree pan of all manholes and/or junction structures. The camera lens shall be kept clear of condensation and debris. Recorded footage showing steam, inadequate lighting, or other poor image quality will be cause for rejection and non-payment by the City.

Reverse Setup: If during the inspection operation the television camera cannot pass through the entire line section (obstruction, etc.), the Contractor will again set up their equipment in a When in the course of work flows are encountered that restrict the view of the line or structure then the Contractor shall notify the City of this condition for a determination if arrangements for bypass pumping or flow diversions are required or if the line should be worked on once the flows diminish, at a later time. All plugging and/or bypassing work shall be previously coordinated

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with and approved by the City at least 10 working days prior to the start of each job.

Unacceptable conditions that shall serve as a cause for rejection of submitted videos include, but are not necessarily limited to:

Loss of vertical hold which impacts the ability to read and interpret the video.

Incorrect manhole identifications if it is not clear which line has been televised. •
The City Equipment and Labor - City equipment and labor, except for the City's representative to monitor the work, shall not be utilized at any time.

Manhole Covers - As directed by the City, the Contractor shall re-plug all manhole pick-holes that were previously plugged within 24 hours after work is completed. The City shall review and approve the plugging material. Work area around the manhole is to be swept clean of all debris.

Trash Control Devices - There are trash control devices, e.g. Connector Pipe Screens, installed in 20 percent of the catch basins. The Contractor might have to uninstall those devices in order to facilitate video inspection procedure. All uninstalled devices have to be reinstalled on their original locations by using the existing mounting system (e.g. bolts and nuts) and inspected for stability and correct installation, immediately after completion of the video screening procedure of the segment. The cost for a uninstalling and reinstalling of the trash control devices shall be included in the unit prices provided in exhibit "A".

Audio
All recordings shall have an audio descriptive narration to supplement the CCTV inspection report log. The Contractor shall clearly identify on the audio portion of the video the date of the work and the location of the beginning and ending manholes complete with the street intersections and, where applicable, house numbers. The Contractor shall also clearly identify on the audio portion of the video all important features such as the location of all laterals, taps, breaks, roots, and other defects in addition to information identifying which structure-to- structure segment is being inspected. These features are to also be noted on the written video log.

Video Inspection Report and Video Recording
Upon completion of the video inspection, the Contractor shall provide the agency with an Inspection Report that includes the following:

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.. Brief summary of the work performed.

Summary list of all pipeline segments inspected (i.e. structure to structure).

Inspection reports (log sheets) of each segment.

All original recordings (Videotapes, etc.).
• Summary list of recorded observations and defects.
.. Photos of major defects for each pipeline segment (in JPEG format).

Storm Drain System maps and plans provided by the City to the Contractor for purposes of the inspection.

Minimum documentation shall consist of the Video Recording(s) and the Inspection Report.

Videos submitted to the City shall be a computer compatible file for a Microsoft Windows based operating system. The Inspection Report for each segment shall be as specified above and shall contain the following as directed by the City:

Agency project or Contract number
Video date
Video time
Weather condition
Contractor name
Contractor job number
Operator(s) name
Street name or location
Cross street name or location
Surface material (asphalt, concrete, dirt, etc.)
Construction drawing number and sheet number (if applicable) Structure number (access point)- up stream
Structure to Structure segment number
Structure depth- upstream
Structure dimensions- upstream (including manhole)
Structure condition - upstream
Structure number (access point)- down stream
Structure depth - downstream
- Structure dimensions- downstream (including manhole)
Structure condition - downstream
Basin or Area (Service Area
Direction of camera
Pipe-size
Pipe-shape
Pipe-footage centerlines (on plan or map, if available) Pipe-footage centerlines (on Video)
Pipe-flow don (pent of pi pip at our or he get or low)
ipe-joint lengths in feet
Hard drive number

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Observation descriptions
Schematic of pipeline showing laterals and observations and footage Clock position of noted observations
Photographs of major defects or typical pipe condition
Notice of severely worn access covers
Notice of severely deteriorated concrete structures
Notice of severely deteriorated liners or coatings
Storm Drain line pre-cleaned prior to inspection? Yes or no Condition Index-NASSCO's PACP system shall be used for each segment of storm drain line
Purpose of survey
The Contractor shall use the National Association of Sewer Service Companies (NASSCO) defect coding and rating system on the Inspection Report and also the Summary List of Recorded Defects. Color video recordings of the data on the television monitor shall be made by the Contractor, copies of which shall be provided to the City.

Each pipe segment (structure to structure) shall be identified with an initial screen text and voice recording and shall include the following:

Agency project or contract number
Video date
Video time
Weather history
Contractor name
Contractor operator names)
Street location name
Structure number - upstream
Structure number - downstream
Direction of camera - with or against flow
Pipe material(s) - as specified on plans
Pipe footage - as specified on plans
Pipe size - as specified on plans
• Tape number
Agency representative's name
Running Screen Text - During the CCTV inspection, the running screen shall show the running footage (distance traveled) and the following text information at the bottom of the screen:

Street Name of other ID
Street Intersection - upstream
Structure number - upstream
• Structure number - downstream
• Pipe size
Pipe length
Date
Time of day

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The format of the above text information shall be as shown in the following example: "La Plata/La Plata & Ivy Glenn (12"- 410) 4/18/17 -10:20A.M." Ending Screen Text - At the end of each pipe segment, an ending screen text shall include the following:
"End of segment inspection"
. Condition that prevented complete inspection, if applicable The City representative shall review and approve the screen layout prior to the first video respicio of his contractes audity documentation shal pipempe daily moved or turned off 25 The Contractor shall provide a summary of all NASSCO PACP Grade 5 and 4 defects identified during the CCTV inspection. The summary shall be prepared by Contractor's personnel possessing NASSCO MACP and PACP certifications at the time of the bid. The Contractor's engineer shall maintain these licenses and certifications throughout the duration of the contract.

The Contractor's NASSCO certified personnel shall review the reports, videos, and photographs for each of the storm drain features with the defect codes described above. The personnel shall gain a thorough understanding of the nature of each defect, and develop a brief repair or replacement strategy to remedy the highest risk defects.

The personnel Shall prepare a written report that is dated, stamped, and sealed. The report shall include an executive summary of the CCTV inspection, the condition assessment study, and a description of the findings. The body of the report shall include tables that summarize the individual Grade 5 and Grade 4 defects and provides a brief summary of any recommended repair and replacement strategies. The tables shall be based on a 5-year repair period with the highest risk defects scheduled for repairs in CCTV inspection years two and three. Similarly, high risk defects found in CCTV inspection Year Two shall be prioritized for repair or replacement in CCTV inspection Years 3 and 4, and so on.

The report shall also contain appendices with atlas maps printed on tabloid size booklets with a using the same colors as the defect plots in the PACP reports. Provide atlas books for:

1. The overall system without showing defects

2. The overall system showing Grade 5, 4, and 3 defects The qualifications of the certified personnel are a requirement of the bid. Submit a copy of the personnel's NASSCO certifications for all supervisors, foreman, engineers, and operators along with the bid. The City shall have the right to approve the substitution of these key personnel.

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Hard Drive Recording Labels
Hard drives shall have an attached document providing the following information and shall be labeled CLN - # - Date (MM/DD/YYYY):

Agency project or contract number
Summary of pipeline segments) each listing shall show:

Street Name or other ID
.... Street Intersection - upstream
Footages - plan & video
Tape number
Dates of video
Contractor name
Bid Items #2 Storm Drain Line Cleaning
This item includes furnishing all materials, equipment and labor required to clean storm drain pipes; various pipe sizes and locations as assigned by the City. This includes accessing the lines by managing the flow, as specified. Contractor shall conduct cleaning as directed by the City's representative on a per unit price basis for the storm drain system. See below for specific requirements.

Storm drain line cleaning shall be paid for at the unit price bid per linear foot of each size pipe cleaned. Measurement of the actual number of feet cleaned and televised shall be made from the center of the manholes or structures. Plugging or blocking and minor by-pass pumping (pump smaller than 6-inch) of the flows shall be considered incidental to the work and shall not be considered a separate payment.

Payment will be made on a linear foot basis according to the unit price bid.

Overview:

As a result of the video monitoring, the cleaning of facilities in need shall begin. The storm drain lines have been separated into three (3) categories based on size. They are 6" to 12", 15" to 24" and 2T" and above.

A. Routine Cleaning:

The Contractor shall furnish all labor, materials, equipment and incidentals necessary for the leaning of the storm drain lines and manholes as requested by the City on a case-by-case basis.

The Contractor shall be responsible for the removal of debris from the storm drain pipeline anc manholes, and shall take all the necessary steps to ensure that no spills of any storm sewer debris occur. Storm sewer debris is described as, but not limited to, sludge, dirt, sand, rocks, grease, roots, and other solid or semi-solid materials.

A combination of high-velocity hydro-cleaning and vacuum removal equipment shall be utilized and shall have the following features as a minimum:

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•
:
\ 1,500-gallon minimum water tank, pump and a hydraulically-driven hose ree) Eguipment operational controls located above ground.
entrifugal or positive displacement blower vacuum equipment suitable t emove debris at the downstream manhole while the hydro flushing is bein performed.

Two (2) two-way hand held radios for communication in easements.

Small hand tools for changing fittings and removing bolt-down manhole covers.

Spill containment equipment.

B. Cleaning Precautions
During storm drain cleaning operations, satisfactory precautions shall be taken in the use satisfaction.

Procedures:

A. Routine:

Cleaning shall be conducted on an as-needed basis as requested, in writing, by the City.

Prior to start of work the Contractor shall hold a "kick-off" meeting with the City's designated representatives) to determine the start date and segment sequence. The Contractor shall prepare a map showing the proposed cleaning sequence by day of work for discussion at the meeting. No work shall start until the cleaning sequence has been approved by the City. Subsequent proposed revisions to the sequence shall be approved by the City.

The designated storm drain line segments will be cleaned using combination high- velocity jet with vacuum removal. The normal cleaning operation shall be to jet from the downstream manhole towards the upstream manhole thereby pulling any debris back to

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the downstream manhole. Pullback rate on jetting shall not be greater than 40 feet per minute. If, after the initial cleaning debris is encountered, the entire run shall be made repeatedly until debris is no longer present. Repeated runs shall be part of the initial cleaning cost - no separate payment shall be made. At any sign of significant dirt and gravel, the cleaning operation for that pipe shall cease and the City shall be notified of a Once the appropriate traffic control has been placed by the Contractor, the Contractor shall wash the upstream manhole with the high-pressure water gun while being cautious of the City for remedy. No debris from the cleaning work shall be left on the roadway.

The equipment shall be capable of removing dirt, roots and other materials and obstructions from the storm drain lines and structures. If cleaning of an entire section cannot be successfully performed from the downstream manhole, the equipment will be set up on the upstream manhole and cleaning will again be attempted. If successful cleaning again cannot be performed or the equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists and the Contractor will notify the City representative of this condition immediately for further instructions.

The Contractor shall be prepared to use root saw tools on the segments to be cleaned as needed. Lines where root sawing is performed shall upon CCTV inspection have no more than one half inch of root stub present. Longer lengths of roots remaining shall result in repeat root sawing effort at no additional cost to the City. Root cutting shall be part of the unit price for bid items requiring cleaning. No separate payment will be made for root cutting.

For pipeline segments with extremely steep slopes, where the jetter nozzle fails to climb to the upstream manhole the cleaning method shall be to jet from the upstream manhole bole the dean mend ill down slope for washing purposes. Then, jet from the downstream manhole upslope so that the cleaning directions overlap. Water for cleaning will be from the closest available ire hydrant. The Contractor will make arrangements with the Moulton Niguel Wate District (MNWD) for the water meters and any other equipment needed to obtain wate from the local fire hydrant. The Contractor shall obtain a permit from MNWD prior to Cost to the Contractor for MNWD water used for storm drain line cleaning within City cight:vay is incidental to the cost of cleaning and shall be the responsibility of the Line cleaning sequence cannot be changed such that debris from upstream reaches will be deposited into recently cleaned downstream reaches. If this is found to occur, the Contractor will re-clean the downstream reaches at no cost to the City.

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B. Material Removed
Lines shown by CCTV to contain roots or other debris that may potentially cause a stoppage, that were reported to have been cleaned, may require an emergency call-out by the Contractor to remove the debris, at no additional charge to the City. The Contractor shall respond to the site once contacted within one (24) hour. If unable to be contacted or not able to be on site within that time frame, the City will make other arrangements to clean the area and back charge the Contractor for all costs incurred.

C. Material Disposal
Liquids shall be decanted and drained to the sanitary sewer system at a location identified by the City. All solids or semisolid resulting from the cleaning operations will be removed from the work site and disposed of by the Contractor in a low boy dumpster provided by the City. If the amount of material exceeds the limits of the provided dumpsters), the Contractor will continue to dispose of the material at the approved disposal site to be decanted and drained. The decanted material will be hauled away from the disposal site by others. All materials will be removed from the work site at the end of each workday. Under no circumstances will the Contractor be allowed to accumulate debris, etc. on the site of work beyond a single workday, except in totally enclosed leak and odor proof containers and as approved by the City.

D. Television Inspection
After each weekly cleaning report submittal, the City may select up to 10% of the total footage cleaned for CCTV inspection by the City or an independent CCTV contractor ol a random basis to determine the effectiveness of the cleaning operations. The CCTV segments found to be unacceptably cleaned during the CCTV review shall be re-cleanes y Contractor at no cost to the City. CCTV inspections resulting in more than 10% of the E. Trash Control Devices

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225723
Submission Requirements
Submittals, except for payment invoices, may be made electronically through e-mail or by hard copy. As previously mentioned the Contractor shall submit:
: A work cleaning schedule;
A monthly submittal of cleaned pipe listing the line segments and footages, any defective manhole structures including frames, covers, and caps; and
Dates and amounts of debris disposal.

Format of the submittals shall be reviewed and approved by the City prior to the initial submittal.

Bid Items #3 - Emergency Response Service:

The Contractor shall provide emergency response on an on-call basis within the time designated below. Payment will be based upon an hourly rate for two (2) different, fully equipped, crews' sizes, specifically a two-man crew and a three-man crew. A two hour minimum shall apply for all calls. Costs associated with material used during an emergency response will be reimbursed by the City at cost plus the agreed upon markup rate. Prior approval by the City's representative for material used and receipts are required for reimbursement.

The Contractor shall provide emergency response services when notified by the City that an overflow or flooding has occurred. The Contractor shall dispatch appropriate crews to assist th City as directed with the containment, clean-up, repairs, and corrections to the storm drait system. Crews shall be at the site within one (1) hour of notification. The Contractor shall provide the City with 24-hour phone numbers that a live person will answer. When requested by the City, the Contractor shall provide the City representative with appropriate information to assist the City in the completion of any required reports. Emergency Response will be paid at the unit price, per hour, in the Contract. The Contractor may be required to conduct point repairs during emergency responses. Permission to use material for repairs shall be obtained prior to installing material. Payment for the material used shall be invoiced to the City at cost as ", Standard Specifications for Public Works Construction (The Green Book), section 3-3.2.2 plus the agreed upon markup rate. A copy of receipts for all materials shall be provided.

Spills Reporting and Handling

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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 National Pollutant Discharge Elimination System (NPDES). Spill control and notifications shall be in accordance with the City's NPDES Permits. such overflows.

The Contractor shall become familiar with the City's/San Diego Regional Board guidelines for discharges into Waters of the State, proper responses, notifications, reporting. Contractor shall train all of their staff working for the City on these guidelines.

Spill Reporting and Handling: In the event of any Contractor related overflow, unlawful discharge, or property damage, the Contractor shall immediately notify the City's representative and call (949) 362-4337, and shall contain and eliminate the overflow. Contractor shall be esponsible for any fines levied by others, reimbursement of any agency incurred costs, damage leanup, restoration of flow, and any disruption of service costs to customers as a result o Contractor's work. This is in addition to any and all costs incurred by the customer.

Contractor shall immediately notify the City representative of any manhole overflow or interruption/backup of customer service and Contractor shall contain and control all overflow.

Contractor shall be responsible for any fines levied by others, reimbursement of any agency incurred costs, damage, cleanup, restoration of flow, and any disruption of service costs to customers as of a result of Contractor's work. This is in addition to any and all costs incurred by private citizens, o1 customer.

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GENERAL PROVISIONS

REQUIREMENTS
A.

Night work shall be accomplished between 11:00 p.m. and 6:00 a.m. Monday through Friday. Nighttime work shall be coordinated with and approved by the City's representative at least ten (10) working days in advance of the work. Prior to starting night work, the Contractor shall contact the City's Project manager.

B. The Contractor shall acquire and pay for the encroachment permits) required by the County of Orange or Caltrans, when work and/or traffic control is necessary on their right-of-ways. Operations within the City of Laguna Niguel's right-of-way will require no-cost encroachment permit(s). It is the responsibility of the Contractor to obtain all necessary permits.

For work within City easements on private property proper notice must be given to the oroperty prior to entering the property. The Contractor shall prepare and deliver a notice to each property a minimum of five (5) calendar days prior to the day of work. Prior t working in the easements the Contractor shall meet with the City representatives) to discuss the locations, access issues, manhole locations or any special conditions regarding the locations.

C. All manholes and structures in this work are defined as Title 8 Permit Required Confined spaces. The Contractor's attention is directed to the General Industry Safety Orders of the

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All work shall be conducted from above ground. Manhole entry, if required, shall be conducted in strict accordance with required confined space entry regulations. Thes regulations include, at a minimum: entry permit, trained authorized entrants) attendants), entry supervisors), full body harness (with life line), mechanical retrieval device, continued force air ventilation, continuous air monitoring, communication system (minimum two types), and all other protective equipment that may be required. Work meeting can be scheduled and held with the City.

D. All traffic control requirements (traffic control plans), equipment, material, and labor are the responsibility of the Contractor. All traffic control shall be in accordance with the latest APWA Work Area Traffic Control Handbook (WATCH) and City regulations and based on the speed limits posted in the work zones. Flagmen may be required in some locations. Safe and adequate pedestrian and vehicular access shall be provided in accordance with Section 7-10 of the Standard Specifications for Public Works Construction, latest Edition.

E. The Contractor shall prepare a weekly work plan and submit it seven calendar days in advance to the City representative for review and approval. The work plan shall verify the sequence of work and identity all the line sections to be worked on. The work plan may be amended due to weather or local road maintenance or construction issues discovered by either party.

Weekly reports based on the work plan shall be submitted for City review on Thursday of the weekly period. Contractor's log sheets, with a section by section breakdown including comments, shall be maintained on site, in a legible manner, for review at all times. Comments on log sheets shall include notice of badly worn manhole frames and covers, broken manhole caps, buried manholes, unmapped manholes, badly deteriorated manhole concrete structures, and shall include the type and amount of debris encountered.

The Contractor shall provide a minimum of a two-person crew at all times, one (1) persor shall witness the jetting nozzle reaching the upstream manhole. A crew of three shall be utilized for all work in confined spaces. Additional personnel shall be utilized when G. Contractor shall provide the City with the name of a contact person and a telephone number where he/she can be reached twenty-four (24) hours a day. This person must be available for emergency work scheduling at all times. Contractor shall be able to respond to emergency work requests within one hour of notification by City.

H. Contractor will be required to supply a list of equipment owned and available for work.

I. Contractor will be required to supply a list of references for similar work performed.

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Contractor may be required to supply additional experience references if requested by City.

K. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the I Holy step and mi pica yes ed sal boded ail labor equipment, transporation M. lourly rates and unit prices quoted shall include all safety equipment required. Traffi antrol may be required on some sites, and shall be included in quoted price N. Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid.

0. The Proposal will be awarded based on an analysis of Proposal Prices; Statement of At any time prior to Proposal date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions.

Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor.

R. All employees of Contractor shall wear a uniform or shirt that clearly identifies the company.

All employees of Contractor shall wear colored safety vests as required by OSHA whenever working in City streets, or within ten (10) feet of City streets.

T. Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City.
e Contractor fails to supply suitable equipment, an adequate working force, or materi proper quality, or shall fail in any respect to prosecute any work with the diligence ar

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PERSONNEL
The Contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract.

A. The Contractor agrees to require his laborers to present a neat appearance at all times B. The Contractor shall require each of his employees to adhere to basic standards of working attire. These are basically uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. Shirts shall be worn at all times, buttoned and tucked in.

C. The Contractor's supervisors)/foreman performing the work must be qualified to perform the work as noted in these specifications and have a minimum of five (5) years of experience in cleaning and video inspection of storm or sanitary sewer lines. All operators shall be National Association of Sewer Service Companies (NASSCO) certified by passing the three-day Pipeline Assessment and Certification Program (PACP). The methodology of evaluation, data collection, condition indexing, and reporting criteria used for the NASSCO certification shall be practiced for all work in this Contract.

D. Laborers will be required to possess a valid and current California Driver's License.

E. The Contractors representatives shall have a general knowledge of the storm drain cleaning industry including suitable experience in the field to perform the required work in a safe and thoughtful manner.

EQUIPMENT
A. The Contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract.

Contractor shall display the name of his firm on any vehicles used by the Contractor's employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from a distance of 50 feet.

C. All equipment used by the Contractor shall be kept in a neat and clean appearance, maintained in top mechanical condition and properly adjusted, from an operational standpoint and from a safety standpoint.

D. Rauipment shal ior estore do the py sic night of guipment that is used in the City.

Page 23 ends

MATERIALS
A. Recesary Torote pelormance of the work set tri in bus cot ticied to equipment etc The Contractor is required to supply storage for materials that are used in the City.

Material shall not be stored in the public right-of-way.

SUPERVISION
A. The Contractor shall provide such adequate supervision as to furnish continuous surveillance of workmanship and adherence to schedules by the laborers performing the work under contract.

The field supervisor or his representative shall check with the Public Works Department weekly as to (1) schedule of work; (2) complaints; and (3) adequacy of performance.

C. The Contractor's field supervisor shall be onsite while work is in progress.

TELEPHONE SERVICE AND EMERGENCY NUMBERS
A. The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition which threatens to cause damage to any City property.

B.

C. Contractor is required to maintain an office within a 60-mile radius of the City.

Contractor is further required to provide City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than three (3) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of

EMERGENCY MEDICAL FACILITY
A. The Proposer is required to designate a twenty-four (24) hour emergency medical facility

Page 24 ends

to provide emergency medical treatment/care in the event of injury to any of the Contractor's employees. It will be the responsibility of the Contractor's crew supervisor/lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility.

B. The successful Proposer must provide the City with one (1) copy of the "Proposer Emergency Medical Facility Designation and Procedure Sheet" before a contract is awarded.

SPECIAL PROVISIONS
A. The work might be done during regular working hours, after hours, or on weekends. If there is an emergency, the Contractor will be expected to respond within two (2) hours of B. All emergency work will be done on a time and material basis plus normal markups per the Standard Specifications for Public Works Construction (The Green Book). This rate C. The Contractor will be responsible for supplying all labor, equipment, and materials needed as requested by City personnel to complete any job assigned by the City. The City will furnish as agreed upon prior to start of work or on an as-needed basis. The City will call Underground Service Alert (USA) for utility locations prior to the start of work.

The City will acquire all permits from the governing agencies as required. In the even hat a conflict or contradiction is discovered between the proposal language and the City! standard contract terms, the City's standard contract terms shall prevail.

AUTHORIZATION OF WORK
Work will not be performed without prior approval and only as authorized by a City representative,

ALTERATIONS
The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The City representative may make such alterations or deviations, additions to, or omissions from thes specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of a City representative, Contractor shall proceed with the work as increased, decreased or altered.

Page 25 ends

ACCEPTANCE OF WORK DONE
The City representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications

BILLING FORM
Contractor shall provide a billing form and progress payment form approved by the City.

METHOD OF WORK
A. All work shall be performed per the Standard Specifications for Public Works Construction (The Green Book), Latest Edition.

B. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their use
When saw cutting, all water and residue shall be detained and vacuumed prior to entrance into the storm drain. Vacuumed construction water shall be properly disposed of. The Contractor is subject to severe fines and penalties should he/she allow construction water to enter the storm drain or creek system.

During video monitoring and cleaning the Contractor shall provide street sweeping as necessary to meet the requirements of the City of Laguna Niguel National Pollution Discharge Elimination System Program (NPDES).

The Contractor shall provide storm drain pollution prevention Best Management Practices (BMPs) per the City NPDES Program.

G. The Contractor shall provide traffic control per the Work Area Traffic Control Handbook (WATCH) Manual.

Page 26 ends

Exhibit "A"

SERVICE BID RESPONSE FORM
From:

CONTRACTOR
To the Honorable City Council
City of Laguna Niguel
Council Members:

The undersigned, as Proposer, declares that he has carefully examined the location of the proposed work as described, examined the General Provisions and Specifications, read the Instructions to Proposers, and is familiar with all requirements, and hereby proposes and agrees, if the Proposal is accepted, to complete said contract in accordance with the Contract Documents for the following services:

Bid Item #1: Video Monitoring Work - Price per Linear Foot BI # Item of Work Year 1 Year 2 Year 3 Year 4

1.a CCTV videoing of City Storm Drain
Lines - 6" to 18" ($/per LF)

1.6 CCTV videoing of City Storm Drain
Lines - 21" and above ($/per LF)
Bid Item #2: Routine Cleaning Work - Price per Linear Foot BI # Item of Work Year 1 Year 2 Year 3 Year 4

2.a Cleaning of City Storm Drain Lines 6"
to 12" - S/per LF

2.b Cleaning of City Storm Drain Lines 15"
to 24" - $/per LF

3.b Cleaning of City Storm Drain Lines 2T**
and above - $/per LF
A different rate schedule will be used for storm drains cleaning works performed at hours other regular hour price in that table. The price shall include all labor, material, trucks, and equipment.

Bid Item #3: Emergency Work - Hourly Rate
Item of Work Year 1 Year 2 Year 3 Year 4

3.a Unit Price per Hour (For First Two (2)
Hours - $/hr.)

3.b Unit Price per Hour (For Each Hour
Thereafter - $/hr.)

Page 27 ends

Markup Rates
The Markup Rate shall not exceed 15%. This rate shall be added to materials supplied by Proposer used outside the normal scope of work as described and/or to materials requested by the City. This markup rate shall only apply to materials that have approved by the City in writing before purchasing or shipping.
i the contract is awarded, the undersigned agrees to enter into an agreement with the City and 1 ommence work within fifteen (15) calendar days from the date of execution thereof. It i understood that the City reserves the right to increase or decrease the frequency of any item or portion of the work or to omit portions of the work as may be deemed necessary by the City Engineer. The contract amount shall be adjusted to reflect these changes. It is also understood ›y Proposer that the City of Laguna Niguel has the right to reject this Proposal or to award a agreement to the undersigned at the prices stipulated
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.)
Contractor
Print Name
Signature
Title
Business Address
Telephone Number
Date
Further, the undersigned Proposer certifies that have thoroughly checked the figures set forth in this Proposal, that they are correct to the best of his knowledge and that they constitute his Proposal for the work called out herein

Page 28 ends

STATEMENT OF EXPERIENCE

OF QUOTATONE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART

1. Proposer's Name Company Name

2. Business Address

3. Business Telephone Number

4. past 36 mort four (4) Contracts of a similar type, either curendly held or held within the From/To City/Agency/Company Contact Contact Information Contract Person (Phone/Email) Amount
Signature Company

Page 29 ends

LIST OF EQUIPMENT

THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION.

1. Proposer's Name Company Name
Business Address
Business Telephone Number
List main equipment and software packages owned by the quoting firm that is available for use on this contract. Use additional sheets if necessary.

Equipment/Software Make and Model/ Usage Capacity (if applicable) Type Version
Signature Company

Page 30 ends

EXHIBIT "B"

PROPOSAL
1/26/17 FORM
12 Exhibit "A"

SERVICE BID RESPONSE FORM
From: Hoffman Southwest Corp., dba Professlonal Pipe Services (Pro-Pipe)

CONTRACTOR
To the Honorable City Council
City of Laguna Niguel
Council Members:

The undersigned, as Proposer, declares that he has carefully examined the location of the proposed work as described, examined the General Provisions and Specifications, read the Instructions to Proposers, and is familiar with all requirements, and hereby proposes and agrees, if the Proposal is accepted, to complete said contract in accordance with the Contract Documents for the following services:

Bid Item #1: Video Monitoring Work - Price per Linear Foot BI# Item of Work Year 1 Year 2 Year 3 Year 4
CCTV videoing of City Storm Drain
Lines - 6" to 18" ($/per LF) $1.01 $1.04 $1.07
CCTV videoing of City Storm Drain $0.98 $1.01 $1.04 $1.07 Lines - 21" and above ($/per LF)
Bid Item #2: Routine Cleaning Work - Price per Linear Foot BI# Item of Work Year 1 Year 2 Year 3 Year 4

2.a Cleaning of City Storm Drain Lines 6"
$0.92 $0.95 $0.98 $1.01
to 12" - S/per LF

2.b Cleaning of City Storm Drain Lines 15"
$0.92 $0.95 $0.98 $1.01
to 24" - $/per LF

3.b Cleaning of City Storm Drain Lines 27* $1.84 $1.90 $1.95 $2.01 and above - $/per LF
A different rate schedule will be used for storm drains cleaning works performed at hours other regular hour price in that table. The price shall include all labor, material, trucks, and equipment.

Bid Item #3: Emergency Work - Hourly Rate
Item of Work Year 1 Year 2 Year 3 Year 4

3.a Unit Price per Hour (For First Two (2) $250.00 $257.50 $265.23 $273.18 Hours - $/hr.)

3.b Unit Price per Hour (For Each Hour $265.23 $273.18
Thereafter - S/hr.) $250.00 $257.50
T
Markup Rates
The Markup Rate shall not exceed 15%. This rate shall be added to materials supplied by Proposer used outside the normal scope of work as described and/or to materials requested by the City. This markup rate shall only apply to materials that have approved by the City in writing before purchasing or shipping.

To teen at it within the der ad agar day tom to date euth there. it to inderstood that the City reserves the right to increase or decrease the frequency of any item o portion of the work or to omit portions of the work as may be deemed necessary by the Cit Engineer. The contract amount shall be adjusted to reflect these changes. It is also understood by Proposer that the City of Laguna Niguel has the right to reject this Proposal or to award an agreement to the undersigned at the prices stipulated.
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.)
offman Southwest Corp., doa Proteselona
ipe Services (Pro-Pipe
Contractor
Jason Halborn
Print Name
signature
Director of Business Development
Title
23311 Madero, Misalon Vlejo, CA 92691
Business Address
(949) 380-4161 ext 6212
Telephone Number
May 21, 2018
Date
'urther, the undersigned Proposer certifies that have thoroughly checked the figures set forth i is Proposal, that they are correct to the best of his knowledge and that they constitute hi Proposal for the work called out herein

Page 28 ends

T

STATEMENT OF EXPERIENCE

THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION.

1. Jason Walborn
Proposer's Name Company Name

2. 23311 Madero, Mission Vlejo, CA 92691
Business Address
(949) 380-4161
Business Telephone Number
List at least four (4) Contracts of a similar type, either currently held or held within the past 36 months.

From/To City/Agency/Company Contact Contact Information Contract Person (Phone/Email) Amount
2009 - Present City of Las Vegas Tim Parks tparks@lasvegas- nevada.gov
2002 - Present City of los Baxry arry. berggren
Angeles Berggren city.o1
2014 - 2016 Los Angeles County John westergaard
Banitation Dist. Westergaard laced. or
2014 - Present City of Phoenix alaine
2010 - Present Pima County, AZ Ken Welch [email protected] lofiman Southwest Corp., dbe
Professional Pipe Services (Pro-Pipe
Signature Company

Page 29 ends

T

LIST OF EQUIPMENT

THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION.

Hoffman Southwest Corp., dba Professional
Jason Walborn Pipe Bervices (Pro-Pipe)
Proposer's Name Company Name

2. Busines Ado, Mason Vajo, CA 92691

3. (949) 380-4161
Business Telephone Number
ist main equipment and software packages owned by the quoting firm that is available for use on this contract. Use additional sheets if necessary Equipment/Software Make and Model Usage Capacity (if applicable) Type Version
2017 Ford E450 8 & VX *CCTV 4 to 6 Trucks
with Cues CCTV and Inspection Available
WQncan
2017 Ford B450 Latest Version *CCTV 4 to 6 Trucks
with Cues CCTV and Inspection Available

XP & GNET
2017 Ford E450 Latest Versions • *CCTV 4 to 6 Trucks
with Cues CCTV and Inapection Available
ipelogiz
Vactor 2100 Series Kenworth Chasel Cleaning 4 to 6 Truc Plua and PD blower Available
Sydred Recycler Latest Vera Cleaning 1 Truck
Available
* CCTV: Pro-Pipe has numerous software platforms to provide inspection data, add can utilize the City's preferred
systems. All are NASSCO certified.

Signature

Page 30 ends

CORD® CERTIFICATE OF LIABILITY INSURANCE
8/1/2018 5/14/2018:

İS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THiS

RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE IBSUING INSURER(6), AUTHORIZED PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

ORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorse BROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement i certificato does not confer rights to the certificate holder in Ilou of such endorsements).

ÜCER Lockton Insurance Brokers, LLC ONTAC
CA Licence #0F15767 PHONED: Tes мон.
725 S. Figueroe Street, 35th fl. E-MAII
ADDRESS:

Los Angeles CA 90017
213-689-0065 INSURER (E) AFFORDING COVERAGE MAIC B
INSURER A: Tokio Marine Specialty Insurance Company 23850 INSURER: Federal Insurance Company 20281
Hoffman Southwest Corp. 38318
$111 dha Professional Pipe Services IMBURER C: Starr Indemnity & Liability Company Branch #62 INBURER D:
23311 Madero
INSURERE:

Mission Viojo CA 92691

INSURER FE
fERAGES HSWHO01 CERTIFICATE NUMBER: 15377506 REVISION NUMBER: xxxxxxx

AS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD SICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERME, CLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

TYPE OF INSURANCE POLICY NUMBER LIMITS
180WVD
COMMERCIAL GENERAL LIABILITY N PPK1688659 8/1/2017 8/1/2018 EACH OCCURRENCE $ 1,000,000

DAMAGE TO RENTED
CAMB-MADE X OCCUR PREMISES (Ea occuRencel $ 100,000
NED EXP (Any one person), $ 10,000
PERSONAL & ADV INJURY з 1,000,000
GENL AGGREGATE LIMIT APPLIES PERC GENERAL AGGREGATE $ 2,000,000 POLCY X FECT LOC PRODUCTS - COMP/OP AGG /= 2,000,000
OTHER:

B/1/2017 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY N N 54309479 8/1/2018 (En accident) $ 2,000,000 ANY AUTO BODILY INJURY (Per person) = XXXXXXX
SCHEDULED BODILY INJURY (Per accident) 3 XXXXXXX

CAN ONLY NONDOWNED
PROPERTY DAMAGE • XXXXXXX
AUTOB ONLY AUTOS ONLY (Per nocidoni)
• XXXXXxX
UMBRELLA LIAB OCCUR N N 1000023850 8/1/2017 8/1/2018 EACH OCCURRENCE $ 10.000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000
DED RETENTIONS • XXXXXXX

VORKERS COMPENSATION N
54309480 7/29/2017 8/1/2018

AND EMPLOYERS LIABILITY
WY PROPRIETOR PARTHER/EXECUTIVE EL BACH ACCIDENT $ 1.000,000

OFFICER/MEMBER EXCLUDEDI MIA
(Mandatory in NH) EL DISEASE - EA EMPLOYEE $ 1,000,000
CRIPTION OF OPERATIONS bela EL DISEASE - POLGY LIMIT $ 1,000,000 ÉTIFICATE HOLDER CANCELLATION Sec Attachment
15377506
City of Laguna Niguel SHOULD ANY OF THE ABOVE DEBCRIBED POLICIEG BE CANCELLED BEFORE

THE XPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED
30111 Crown Valley Parkway CCORDANCE WITH THE POLICY PROVIBIO* LAGUNA NIGUEL CA 92677

AUTHORIZED REPRESBATATIV
PRD 25(2018/09) The ACORD name and logo are registered marke of AGORD POLICY NUMBER: PPK1688659 COMMERCIAL GENERAL LIABILITY
CG 20 12 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL

SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
State or Governmental Agency or Subdivislon Or Political Subdivision:

AS REQUIRED BY WRITTEN CONTRACT PRIOR TO LOSS.
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section lI - Who Is An Insured is amended to 2. This Insurance does not apply to:

Include as an additional Insured any state or
govemmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:

1. This Insurance applies only with respect to operations . "Bodily injury" or "property damage" included withl erformed by you or on your behalf for which the state or the "products-completed operations hazard govemmental agency or subdivision or political
subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these additlonal insureds, the following is added to Section Ill - However: LImite Of Insurance:
applies to the extent permitted by law; and
b. if coverage provided to the additional Insured is
required by a contract or agreement, the Insurance
afforded to such additional Insured will not be broader 1. Required by the contract or agreement, of than that which you are required by the contract or
agreement to provide for such additional insured. 2. Avallable under the applicable Limits of Insurance shown In the Declarations
whichever is less.

Limits nd neurant alim the De the toiletie
CG 20 12 04 13 ® Insurance Servicea Office, Inc., 2012 Page 1 of 1 Attachment Code: D532723
Certificate ID: 15377506
ROI PiPE

PROFESSIONAL

PIPE SERVICES

DATA COLLECTION
• Gravity Wastewater Pipe Cleaning (recycled water)
3D Digital Data Collection for Pipe Condition
• GIS Integrated Digital Map with Asset Prioritization
CONTENTS:

1. Pipe Cleaning Technology

2. Pipe Inspection Technology

3. GPS Technology

4. GIS Integration
Submitted By:

Veronica Alvarez, Business Development
626-423-7222 [email protected]
Lic 761395

Page 1 of 7 ends

RO PIPE

PROPEBBIONAL

PIPE SERVICES

1.0 Pipe Cleaning Technology
Large Dlameter Cleaning (in live flow) & High Production Cleaning for Small Diameter Pro-Pipe utilizes Hvidved-Larson 315 Recyclers to execute large diameter cleaning during live flow, anc volume-production cleaning on small diameter. The Larson enables a safe operating environment anc provides numerous advantages.
• Does not use drinking water to clean sewers.
• Large diameter cleaning without bypass.
• Truck can be remotely operated.
• The vacuum hose is a single flexible tube eliminating the need to connect rigid tubular connections over an open maintenance hole.
• Ellminates filling from fire hydrants numerous times per day, in traffic. • One initial vacuum of wastewater, in a flowing pipeline, will enable jetting operations for the day.

Double the speed of traditional hydro-vacuum combination cleaning trucks. : 2500psi at 120gpm 8 foot extendable boom
15 cubic yard debris tank : Telescopic boom
Hoffman Southwest Corp., DBA Professional Pipe Services (PRO-PIPE) Corporate: 23311 Madero, Mission Vlejo, CA 92691 | 800-784-7473 | www.pro-pipe.com Locations: CA, NV, OR, AZ, UT, CO, TX, NC

Page 2 of 7 ends

ROPIPE

PROPEBBIONAL

PIPE SERVICES

2.0 Plpe Inspection Technology
The Panoramo system captures 100% of the entire pipeline interior (360) in less time than conventional video recordation with 6X the digital clarity (true digital) and is delivered with a virtual 3D reader that enables he reviewer or customer to see, in greater detail, 100% of the pipe interior from any angle (you can pan/til anywhere from any perspective). The flat-view component of the reader enables the pipe interior to br reviewed in a plan-view layout with the ability to perform accurate measurements.

The revlew, coding, and assessment are performed independently of the inspection. Additionally, the data can be incorporated with GIS, enabling the results to be instantaneously available in a geographic-friendly mode. This system has a record of substantially improving internal operating efficiency by which the assessment performed and utllized. Engineering staff can immediately begin to assess the condition and develop maintenance and rehabilitation programs with better quality.

Pro-Pipe utilizes Pipelogix Software (flexi-data) for all coding, reporting and 360-vlewers. 360 Digital Manhole Inspections are excellent for design-accurate manhole invert measuring with 3-D virtual video of the entire manhole and delivered via GIS Integrated data files. The IBAK Panoramo Si enables Pro-Pipe to perform complete optical condition assessment of manholes with high efficiency.

Pro-Pipe uses MACP Certified personnel for all manhole inspections. The Si has the ability to scan a manhole within a 5-minute period, capturing 100% of the entire manhole cavity for review in a virtual 3D reader, which can be utilized in flat-view for measuring inverts, defects, etc. and can be exported as a point cloud to Autocad.

Hoffman Southwest Corp., DBA Professional Pipe Services (PRO-PIPE Corporate: 23311 Madero Mions: CA, NOR. AZ, UT, CO, TX, www.propipe.com

Page 3 of 7 ends

R O PIPE

PROFERIIONAL

PIPE SERVICES
Scissor lift enables inspection
IBAK Panoramo
in large diameter pipelines.

The system scans 100% of the pipeline interior in one pass at 70ft/min at more than double the speed of traditional CCTV systems since the operator does not have to stop at each observation. Traditional camera systems operate at 30tt/min.
185 185°
Fixed lenses at each end enable digital stitching.

IT IS ESSENTIAL THAT THE DIGITAL SCANNER HAVE BOTH A FRONT AND REAR CAMERA Rear Perspective Forward Perspective
Hoffman Southwest Corp., DBA Professional Pipe Services (PRO-PIPE) Corporate: 23311 Madero, Misaion Viejo, CA 92691 | BOO-7B4-7473 www.pro-pipe.com Locations: CA, NV, OR, AZ, UT, CO, TX, NC

Page 4 of 7 ends

ROPIPE

PROFESSIONAL

PIPE SERVICES
The visual resolution is substantially improved over traditional CCTV. The video file is a free viewer that allows the end user to virtually pan and tilt anywhere inside the pipe. The flat view enables a true comprehensive view at 3,000 lines of vertical resolution and contains an accurate measuring tool. Below is a sample snapshot from Pipelogix utilized in the data capture and deliverable. Example reports provided in the Appendix are linked to the viewer for quick access.

NASSCO
Heate
PACP Report Access
DUCASTRAnC
COCO U
NASSCO
PACP Observations
thar
NASSCO
PACP Header Tab
(same as on screen text)
• 0s 18 2:00 6116 MA PINION O
Carter
MAJ& PH End of Sumey
Tron
7-0
Un-folded View
Entire pipe (flat)
11:90
Measurement Datones 179h
Ability (~0.1/ft)
06:00 (flow)
itse ine 17zt ins ine
tRus
More-Forter Iacen 19 CH112
Hoffman Southwest Corp., DBA Professional Pipe Services (PRO-PIPE Corporate: 23311 Madero, Mission Viejo, CA 92691 | 800-784-7473 | www.pro-pipe.com Locations: CA, NV, OR, AZ, UT, CO, TX, NC
Lic 761395

Page 5 of 7 ends

RO

PROFESSIONAL

PIPE SERVICES

3.0 GPS Technology
GPS Equipment
Yesterday your phone could tell you where you were within a few meters.

Today, with Trimble's latest Catalyst device transforms a mobile device to a GPS data collection platform capable of an accuracy within a few centimeters.

Catalyst features a lightweight antenna that plugs directly into your Android phone or tablet's USB port. Once it's connected to any Catalyst-ready or third- party location-enabled app, you can use measure, locate, and share the things you map with the world. The little blue dot on your phone just got a whole lot smaller and more accurate. And, since Catalyst's revolutionary technology features a software GNSS receiver that delivers high accuracy positioning with an on-demand subscription service, you only pay for it when you need it. Pro-Pipe also uses Trimble R2 receivers in addition to its primary device, the Catalyst.

Software
Pro-Pipe utilizes Trimble's TerraFlex software to
receive and process GPS data. The software
supports ios, Android, WEHH and selected
tablet devices running Windows. Eliminate the
need to carry a GPS device, camera, clipboard, Coote Proacta and Creale and Manage social with cate pacis
Assian
and printed maps, by centralizing onto a single
Farms in a Prolec
device. TerraFlex is compatible with Trimble® ayne with Coad A1 or R2 GNSS receivers and Catalyst, in
Manage, Review,
addition to incorporating that ability to import
pre-existing asset or GIS data into your projects
with TerraFlex Advanced and make real-time
updates to it in the field.

Export Forms
Publish
Share that information across the project Sync Byne foam Projece organization, so all projects members-from the Carpleted Famssys ack win server wher
field to office-are working with the most up-to-
date date available. Compass Tools Collec
# Trimble.

Hoffman Southwest Corp., DBA Professional Pipe Services (PRO-PIPE) Corporate: 23311 Madero, Mission Viejo, CA 92691 | 800-784-7473 | www.pro-pipe.com Locations: CA, NV, OR, AZ, UT, CO, TX, NC
Lic 761395

Page 6 of 7 ends

ROPIPE

PROFESSIONAL

PIPE SERVICES

4.0 GIS Integration
The inspection data can be easily integrated into a GIS environment using NASSCO PACP codes. Both The facility owner can quickly leverage the speed of a spatial environment to organize and budget repair work according to their fiscal budgetary needs.

GIS Map Plpe Inspection PDF integrated with viewer Hyperlinked Pipelogix Viewer • Iт
Todd: Come
was!
Sample Arc reader (GIS) with Panoramo hyperlink, which includes imbedded PDF reports and flat view.

Page 7 of 7 ends

ATTACHMENT B
Amendment No. 1 to the Maintenance Services Agreement with Pro Pipe, Inc.

AMENDMENT NO. 1 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

STORM DRAIN SYSTEM VIDEO DETECTION AND CLEANING
THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR MAINTENANCE
derain ale 1h9o cly, and Pro-Pipe in Cit of Callori Crorion, hereinate the, "Contractor."
RECILALS:

On June, 19, 2018 the City entered into an Agreement with the Contractor for Storm Drain Video Detection and Cleaning (the "Original Agreement").

The initial term of the Agreement was one year from July 1, 2018 to June 30, 2022, subject to renewal for two additional years in one-year increments by mutual agreement based upon an evaluation of performance of the contractor by the City with determination of satisfactory performance.

The purpose of this Amendment No. 1 is to extend the term of the current Agreement for one additional year;

4. Recognize official corporation name change from Hoffman Southwest, Corp., dba Professional Pipe Services (Pro-Pipe) to Pro Pipe Inc., as certified with the Secretary of State

5. Add a twenty percent (20%) contingency to the contract beginning with Amendment No. 1 and subsequent fiscal years agreements.

6. The City finds that the requested contingency is in line with the City's current purchasing policy and contingency rates associated with Maintenance Services Agreements. The contingency amount of $42,000 per fiscal year is for unforeseen conditions, emergencies and extra work as approved by the Public Works Director/City Engineer or their authorized representative.

Contractor has the qualifications and experience to render the requested services, defined below.

City now desires to enter into this Amendment No. 1 to the Original Agreement with the Contractor to extend the term of the Agreement through June 30, 2023.

AGREEMENI:
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NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:

Services to be Performed by Contractor. Contractor agrees to perform the following services: Facility Storm Drain Vault Cleaning and Filter Cleaning/ Replacement for the City, in a manner satisfactory to the City, as detailed in the Original Agreement.

2. Term. This Amendment No. 1 shall become effective as of the date stated above, and extends the term of the Original Agreement until June 30, 2023, or until the services required by this Amendment No. 1, are completed, whichever occurs first, subject to termination as provided in the Original Agreement, except the indemnification provisions contained in the Original Agreement shall remain in full force and effect after Amendment No. 1 is terminated.

3. Section 12, Indemnification, of the Agreement, is hereby amended in its entirety to read as follows:

12. Indemnification.

A. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

B. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' 13018-0008\2636273v4.doc 2
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compensation law regarding Contractor and Contractor's employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers' compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph.

C. Subcontractors. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractors or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement.

D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

E. Survival and Offset. The provisions of this Section shall survive the termination of this Agreement. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph).

4. Section 13, Liability Insurance, of the Agreement, is hereby amended in its entirety to read as follows:

13. Liability Insurance.

A. Insurance Policies. Without limiting Contractor's indemnification of City as described in paragraph 12, Contractor shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement.

B. Named Additional Insured. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional insureds under the policies required by subparagraphs General and Auto Insurances for all liability arising from Contractor's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City.

C. Insurance Coverage. Prior to the commencement of any services hereunder, Contractor shall provide to City certificates of insurance with original endorsements, and 13018-0008\2636273v4.doc 3
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copies of policies, if requested by City, of the following insurance coverage:

General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not beer amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Professional Liability (errors & omissions) Insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this agreement.

Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subcontractors.

Duration of coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees or subcontractors.
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Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

G. City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

H. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

J. Requirements not limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

L. Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Contractor agrees to ensure that its subcontractor, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

P. City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.

Q. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

R. Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

S. Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

5. Continuation of Terms and Conditions of Agreement. Except as otherwise provided in this Amendment No.. 1, all terms and conditions of the Original Agreement shall remain in full force and effect, and shall apply to the performance of services to this Amendment No. 1.

6. Authority to Sign. The Persons executing this Amendment No. 1 on behalf of the Contractor warrants and represents that they have the authority to execute this 13018-000812636273v4.doc 6
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Amendment No. 1 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder.

I/I
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Original Agreement as of the date first above written. "CITY"

CITY OF LAGUNA NIGUEL
By:

Tamara S. Letourneau
City Manager
ATTEST:

Thy Merrit
Acting City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Kevin G. Ennis, Esq.

City Attorney
"CONTRACTOR"
Pro-Pipe, Inc.
a California corporation
By:

Print Name:

Title:

By:

Print Name:

Title:
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3018-0008 2636273v4 dc
itv of Laguna Niguel - 20052

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