HomeMy WebLinkAbout19D - WATER METER REPLACEMENT SRVCSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 4, 2010
TITLE
REQUEST FOR PROPOSALS FOR
WATER METER REPLACEMENT
SERVICES
a4K - - 9,?
CI MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the Public Works Agency to send the attached Request for Proposals to qualified firms
to provide water meter replacement services.
DISCUSSION
The City's water system includes approximately 45,000 water meters that are used to measure
water sales to customers. The life expectancy of these meters is approximately 10 to 15 years.
Obsolete water meters tend to under register flow, which can greatly reduce revenue collections.
Once meters reach the end of their service life, they are replaced by Water Resources Division
personnel. Currently, there are approximately 8,000 small water meters in the City's water
system that are more than 15 years old.
The Water Resources Division has experienced a reduction in personnel in the last several
years. The number of Water Meter Repairer positions (the positions responsible for meter
replacements) was reduced from four to three during the last fiscal year. With the current water
shortage and economic downturn, these same staff members have also seen an increase in
other customer services related activities. Some of the calls they handle include high water bill
complaints, water quality issues, and requests for service shut off.
An internal review of water maintenance activities showed that contract services could potentially
be used to reduce the backlog of obsolete water meters. The proposed contract is intended to
replace approximately 3,000 meters during the current fiscal year. Should a contract be
awarded to perform this work, workers with training and certifications similar to those possessed
by City's Water Quality Staff will be required.
19D-1
Request for Proposal for
Water Meter Replacement Services
October 4, 2010
Page 2
Contracting out this activity will not result in layoffs or reassignments of existing City staff. A one
year contract is being considered with an option to extend for additional years if this program is
cost-effective. The intent is to use contract services to supplement existing City staff to
eliminate deferred maintenance in the water meter replacement program.
FISCAL IMPACT
Funds are available in the Water Quality and Measurement Fund (account no. 06017644-
62300).
Raul Godinez II
Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
UNMZ3 14 LA
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
RG/RB
Exhibit 1: Request for Proposals
19D-2
REQUEST FOR PROPOSAL
CITY OF SANTA ANA
WATER METER REPLACEMENT SERVICES
U I T Ut- JAN I H ANA
PUBLIC WORKS AGENCY
SANTA ANA, CALIFORNIA 92702
PROJECT MANAGER
THOMAS L. DIX
WATER SERVICES QUALITY COORDINATOR
PHONE (714) 647-3316
E-mail: tdix@santa-ana.org
Proposal Due Date: XXXX, 2010
During the Proposal period, all questions must be in writing and faxed to 714-647-3345, Attention:
Thomas L. Dix, No later than, XXXX, at 4:00 p.m. Copies of the questions and answers will be provided
to all Consultants intending to respond. No verbal responses will be given.
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
Exhibit 1
City of Santa ?n?? ater Resources
1 Page I of 27
REQUEST FOR PROPOSAL
WATER METER REPLACEMENT SERVICES
GENERAL
The City of Santa Ana is soliciting proposals from qualified firms to provide Water Meter
Replacement Services. The City has over 44,000 water meters that are maintained and
replaced according to a replacement schedule. A detailed scope of work is outlined in
Section E of this RFP. The city will enter into an agreement with the firm to provide
Water Meter Replacement Services.
Upon receiving this Request for Proposal (RFP), consultant shall notify the City in
writing and faxed to 714-647-3345 (Attention: Thomas Dix) regarding its intent to
respond to the RFP.
The Consultant must be able to assist the City through this contract to provide the
services needed. The consultant shall utilize in-house staff and/or sub-consultants
satisfactory to the City to complete the assignments. For specialized work for which
the prime consultant will require a sub-contractor, the prime consultant will serve
as an administrative liaison between the City and the sub-contractor. The prime
consultant mark-up for sub-consultants shall not exceed 15%.
The proposal shall be concise, to the point, and sufficient enough to cover all required
submittals and exclude any extraneous materials. A cover letter shall summarize key
factors and guarantee that key personnel will be committed to perform the required
tasks throughout the duration of the contract.
PROPOSED SCOPE OF SERVICES
A. Terms
Upon completing the selection process, the selected consultant will be awarded a one-
year contract for a "not to exceed fee" to be determined.
B. PROJECT BACKGROUND
This request is for Water Meter Replacement Services for the City of Santa Ana water
distribution system. The City of Santa Ana desires to keep the water meter replacement
program as an integral part of our general water asset maintenance program. Water
meter replacement is an essential task and a key element to accurate customer billing.
The City of Santa Ana is located in Orange County in Southern California. The City of
Santa Ana's water system consists of approximately 475 miles of water mains with
nearly 45,000 water service connections, 4,850 hydrants, and 6,00 water distribution
valves. The city land area is 27.2 square miles and the population is approximately
350,000 people.
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-4 Page 2 of 27
Today, the City has aggressively been replacing aging water meters. All general water
meter maintenance and replacement has been done by the City's water quality services
crew.
C. PRIME CONSULTANT RESPONSIBILITIES
The selected consultant will be required to assume responsibility for all services offered
in their proposals. The selected Consultant will be the sole point of contact with regard
to contractual matters, including payment of any and all charges resulting from the
contract agreement.
Consultant shall tightly control the quality of the work performed by in-house staff and/or
sub-consultants. Incomplete (not meeting targeted percentage completion) or poor
quality of work will not be accepted.
Sub-consultant work shall not exceed (15%) of the contract agreement. A list of all sub-
consultants shall be submitted as part of the proposal. A detailed list of all the sub-
consultant tasks shall be included in the proposal.
D. PROJECT MANAGEMENT
Meetings
The Consultant will be required to attend meetings at the. City of Santa Ana facilities.
After the project has been awarded, a kick-off meeting will be held. Progress meetings
will be held on as needed basis. The Consultant will meet with representatives from the
City and hold training workshops at the City offices. During these visits, the consultant
will meet with the City of Santa Ana Water Resources personnel to discuss the water
system infrastructure, water meter information, INFRAMAP software and security.
Progress Reports
Prepare and submit a monthly report in electronic format to the project
manager/engineer that includes the following:
¦ A narrative description of work performed by major task along with a map and
spreadsheet to graphically depict the progress and areas of work. The City will
provide a computer tablet with INFRAMAP software as a loaner to accomplish
the digital field data collection.
¦ A table indicating the person-hours and dollars budgeted for each task and the
expenditures to date.
¦ A summary in percentage of overall project completion and expenditures of time,
person-hours, and dollars during the preceding month.
¦ An updated project work schedule depicting current status of the project,
including revisions to the schedule, modifications and or impacts to the milestone
dates.
¦ A list of issues and/or anticipated problems to be discussed. A copy of all
correspondence, logs of significant telephone conversations and memoranda.
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-5 Page 3 of 27
E. SCOPE OF SERVICES
In general, the Consultant shall perform water meter replacement services for the City
of Santa Ana water distribution system.
Consultant shall perform the following tasks:
1. Consultant shall pick up water meters and curb stops from the City of Santa Ana
Corporate Yard located at 220 S. Daisy Ave. The City Corporate Yard is open
from 7 a.m. to 3 p.m. during the work week
2. All water meter replacements shall be 5/8"x 3/4", 3/4" x 1" or 1" meters and all
curb stops will be replaced.
3. Meter box will be cleaned and prepped. Debris will not be put back in the meter
box.
4. Debris from the cleaning and prepping of the meter box shall be hauled away by
Consultant at Consultant's expense. The City will not provide a site to dispose of
debris.
5. Consultant shall haul away replaced meters and drop them off at the City
Corporate Yard located at 220 S. Daisy Ave.
6. New gaskets and coupling faces will be installed by Consultant and couplers will
be properly aligned and tightened.
7. Consultant shall document the meter exchanges in the format provided by the
City as well as enter the data in the City's infraMAP data system. Consultant
shall provide the documentation information to the City on a weekly basis.
8. As meters and curb stops are replaced, Consultant shall note the condition of the
meter box and the circumstances'of the area surrounding the box. Any meter
boxes requiring replacement shall be documented and documentation submitted
to the City.
9. Consultant shall replace all curb stops under pressure (curb stop stabbing).
10. Consultant shall supply the full face gaskets, brass and bronze nuts, bushings,
and other small parts as necessary for meter replacement. Consultant is
expected to install correct meter couplings/reducers, if needed, during meter
replacement.
11. If Consultant encounters a situation where the existing meter box requires
replacement, Consultant shall note it and include this information in its monthly
report to the City.
12. If Consultant encounters a situation where the customer's pipes or the City's
pipes are in a condition that could cause a leak, Consultant shall skip this
location and document it. Consultant shall include this information in its monthly
report to the City.
13. If Consultant encounters a situation where there is an excessive leak, contact the
City's primary contact immediately.
14. If Consultant damages the customer's service lines during the course of
replacing the meter, Consultant shall immediately contact the City's
representative and shall be responsible for repairing the line at the time of
damage.
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-6 Page 4 of 27
15. If Consultant encounters a meter where angle stops are installed, Consultant
shall skip this location and document it. Consultant shall include this information
in its monthly report to the City.
16. City will provide the Consultant a meter replacement schedule. City will provide
the Consultant with addresses, meter numbers, etc. of meters to be replaced.
17. City shall supply all replacement meters and curb stops.
18. Under no circumstance shall Consultant be allowed to operate water distribution
valves. If the Consultant encounters a situation where the water need to be shut
off, the Consultant shall contact the City's primary contact.
City Responsibilities:
1. City will assign a primary and secondary contact for the meter replacement
project
2. City will provide the Consultant a meter replacement schedule.
3. City shall provide the meters and curb stops needed for this project.
F. CERTIFICATION AND EXPERIENCE REQUIREMENTS
This project involves the maintenance and replacement of assets of the City's water
distribution system. Improper handling and/or lack of knowledge of water distribution
systems can result in negative effects on the system that may result in health and safety
impacts.
The Consultant shall demonstrate that the personnel that will be assigned to this project
be, at minimum, certified by theState of California' Department of Health Services
(CDPH) as a Water. Distribution Operator Grade D1. The Consultant's shift supervisor
overseeing maintenance operations assigned to this project must be, at minimum,
certified by CDPH as a Water Distribution Operator Grade D3. Consultant shall submit
copies of the certifications' as part of their response to this proposal.
Consultant must also demonstrate at least three (3) years of experience performing
similar work. Consultant shall provide three (3) references that the City may call as part
of their proposal.
G. COMPENSATION
This proposal shall indicate a unit fixed fee for Water Meter Replacement Services as
outlined in this proposal. The fee shall include the Consultant's personnel including sub
consultants, if any, and all direct and indirect expenses to complete the work.
Payments shall be made on the basis of work completed as agreed upon by the City.
Additional Services, as authorized in writing by the City, will be paid at the unit billing
rate. All fees shall be considered full compensation to perform work as outlined in the
scope of services and no additional compensation will be allowed therefore.
H. TENTATIVE SCHEDULE
Issue Request for Proposal (RFP) XXXX, 2010
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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1901-7 Page 5 of 27
Submit Notice of Intent to Respond to City XXXX, 2010
Submit Questions to City XXXX, 2010
Submit Proposals to City XXXX, 2010
Award Contract XXXX, 2010
Begin Work XXXX, 2010
Proposals are due in the office of the Executive Director, Public Works Agency, at
20 Civic Center Plaza, Ross Annex, M-21, 4th Floor, Santa Ana, California, 92701,
ATTN: Thomas Dix, on or before 4:00 p.m., XXXX, 2010.
1. ISSUING OFFICE
Santa Ana Public Works Agency, Office of the Executive Director, 20 Civic Center
Plaza, Ross Annex, 4th Floor, M-21, Santa Ana, California 92701.
J. PROPOSAL REJECTION
The City reserves the right to reject any or all proposals submitted, and is not liable for
any pre-contractual expenses:
Pre-contractual expenses are ` defined as expenses incurred by the offeror in: (a)
preparing the proposal in response to this RFP; (b) submitting that proposal to the City;
(c) negotiating with the City in any matter related to this proposal; (d) any other
expenses incurred by offeror prior to date of award, if any, of the contract. Offeror shall
not include any such expenses as part of the price as proposed in response to this RFP.
K. ADDENDA
Any subsequent changes in the RFP from the date of issuance to the date of submittal
will result in an addendum by the issuing office to those parties who have provided the
proper notice of interest in responding to the RFP.
L. PROPOSAL CONTENT AND SIGNATURE
Three (3) copies of the proposal will be required with all copies having been signed by
the individual or, if a company, the company official with the power to bind the company
in its proposal. The fee schedule, Attachment D (3 copies) and Attachment A shall be
separately bound, sealed, and submitted to the City. To be considered, all proposals
shall be completely responsive to the RFP.
M. ACCEPTANCE OF CONTRACT
The contents of the proposal of the successful consultants shall become a contractual
obligation if a contract ensues. Failure of a consultant to accept this obligation will
result in the cancellation of any award. Any damage accruing to the City as a result of a
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
City of Santa Ana P.W.A. Water Resources
19D-8
Page 6 of 27
failure to contract may be recovered from the consultant. A sample agreement is
attached for reference (Attachment C).
N. PRIME CONSULTANT RESPONSIBILITIES
The selected consultant will be required to assume responsibility for all services offered
in their proposals. The selected Consultant will be the sole point of contact with regard
to contractual matters, including payment of any and all charges resulting from the
contracts.
0. DISCLOSURE
Any information, other than cost and price, which a consultant does not wish to have
disclosed, other than for the purpose of evaluation, should have each applicable sheet
or part marked "Confidential" - this data shall not be disclosed or duplicated, used or
disclosed in whole or in part for any purpose other than to evaluate the response;
provided that: the contract is awarded to this offeror, or as a result of or in connection
with the submission of such information, the City shall have the right to duplicate, use or
disclose this information to the extent provided in this contract. This restriction will not
limit the City the right to use information contained herein if it is obtained from another
source.
P. DELAYS
The City reserves the right to delay scheduled dates if it is to the advantage of the City.
Q. RULES FOR PROPOSALS
The signer of the proposals must declare in writing that the only person, persons,
company or parties interested in the proposal as principals, are named therein; that the
proposal is made. without collusion with any other person, persons, company, or parties
submitting a proposal;that it is in all respects fair and in good faith without collusion or
fraud, and that the signer of the proposal has fully authority to bind the principal
proposer.
R. METHOD OF PAYMENT
The consultant, shall submit monthly invoices to the City for the services rendered for
that month. The invoice shall` include a detailed breakdown of the services, limits, the
tasks, the hours, and the unit costs.
S. REGULATIONS
The selected consultant will be expected to comply with all applicable federal, state and
local regulations, building codes, and contract provisions. The ensuing contract shall
contain such contractual provisions and conditions necessary to define a sound and
complete agreement.
T. INFORMATION REQUIRED FROM CONSULTANT
Proposals shall be submitted in the format as described below:
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-9
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Organization and Credentials
The name, address and telephone number of the person of whom
correspondence should be directed and who has authority to negotiate on behalf
of the firm. Provide a synopsis of the consultant's qualifications and past
experience in Water Meter Replacement Services.
Work Plan
Provide a narrative rendition of the technical work plan and procedures required
to perform the work as described in the Proposed Scope of Services. The
following information must be included as a minimum:
• Show required task
• Employee's designation and man-hours to complete each task
• Total number of hours to complete the Scope of Work
• Provide detailed information and an outline indicating the specific steps in
each of the scope of services items of work to insure quality and control.
Services, including specific tasks and estimate.
Staffing
The consultant shall identify their Project Manager, and other key personnel to be
assigned to the project, their qualifications, representative experience, and their
capability to explore and resolve problems. Consultant shall submit copies of
their personnel's Water Operator or Water Treatment Certifications issued by the
State of California Department of, Health Services. Certified operators are
required at the time the proposals are due, failure to submit proof of
certification will result in disqualification.
Once the agreement is executed, the Consultant's staff shall not be substituted
without the prior written approval of the City of Santa Ana.
Sub-consultants
The Consultant shall identify any sub-consultants it intends to employ in relation
to this contract. The Consultant shall identify sub-consultant's qualifications and
key personnel. The Consultant shall be held responsible for any and all work
performed by the Consultant's sub-consultant.
List any sub-consultants the Consultant intends to utilize and the percentage of
work each sub-consultant will perform for each of the task.
If the Consultant will not utilize a sub-consultant for any portion of this contract,
the Consultant shall utilize this heading to make a statement declaring that no
sub-consultants will be employed for this contract.
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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1901-10 Page 8 of 27
References
List a minimum of three (3) references from previous or existing projects in water
meter replacement services that the City may contact.
Fee Schedule (Attachment D)
The Consultant shall complete the fee schedule (Attachment D) for the proposed
services. Consultant shall provide a table of total dollars and estimated person-
hours for the items listed in Attachment D.
be separately bound, sealed and submitted to the City. The fee schedule
shall include the following:
• Rate per meter for 5/8"x 3/4" water meter and curb stop replacement. The
City reserves the right to increase or decrease the quantity of 3/4" water
meters to be replaced based on the unit prices provided.
• Rate per meter for 3/4"x 1" water meter and. curb stop replacement. The
City reserves the right to increase or decrease the quantity of 5/8" water
meters to be replaced based on the unit prices provided.
• Rate per meter for 1" water meter and curb stop replacement. The City
reserves the right to increase or decrease the quantity of 1" water meters
to be replaced based on the unit prices provided.
Additional Information and Comments
The contents under these headings are left to the discretion of the Consultant.
Material shall be pertinent to the proposal.
U. CRITERIA FOR SELECTION
The response to this Request for Water Meter Replacement Services Agreement should
contain documentation of consultants and/or consultant's agency's credentials and
expertise in this field. Substantial consideration will be given to Consultants with
demonstrable and documented experience in similar work. Responses will be
evaluated on the basis of the qualifications, abilities, responsiveness of the proposing
firms, references and fee schedules.
The responses received will be reviewed by an evaluation committee appointed by the
Executive Director of the Public Works Agency. All proposals received will be fully
reviewed and rated by the Evaluation Committee.
The ultimate Consultant selection will be based upon both technical merit and cost
competitiveness.
V. THE CITY'S AFFIRMATIVE ACTION PROGRAM
The City has an affirmative action program. The purpose of the affirmative action
program is to encourage certified minority business enterprises and women business
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-1 1 Page 9 of 27
enterprises. All submitting firms must have established affirmative action programs
approvable by the City. The attached "Certification of Non-Discrimination by
Consultants" shall be completed by each submitting firm and included in the proposal
(Attachment A).
W. INSURANCE REQUIREMENTS
A certificate of insurance additional insured endorsement is enclosed for your reference
(Attachment B). Please refer to the sample agreement for the necessary amounts of
general liability, automotive, worker's compensation and professional liability insurance.
The appropriate endorsements are also shown within the sample contract agreement
(Attachment C). The certificate shall include the City of Santa Ana, its officers and
employees as insured or additional insured.
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-1 2 Page 10 of 27
AT7A'H1 AT A
Certification of Non-Discrimination by Consultants
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19D-1 3 Page 11 of 27
CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS
As suppliers of goods or services to the City of Santa Ana, the Firm listed below
certifies that it does not discriminate in its employment with regard to race, color,
religion, sex, or national origin; that it is in compliance with all federal, state and
local directives and executive orders regarding non-discrimination in
employment; and that it agrees to demonstrate positively and aggressively the
principle of equal opportunity in employment.
WE AGREE SPECIFICALLY:
1. To take affirmative steps to hire minority employees with the company.
2. To establish or observe employment policies within affirmative promotion opportunities
for minority persons at all job levels.
3. To communicate this policy to all persons concerned, including all company employees,
outside recruiting services, especially those servicing minority communities, and to the
minority communities at large.
FIRM
TITLE OF PERSON SIGNING
SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment
programs now in effect within your company.
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-1 4 Page 12 of 27
;v1 I?
Sample Certificate of Insurance
ADDITIONAL INSURED ENDORSEMENT
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-1 5 Page 13 of 27
ADDITIONAL INSURED ENDORSEMENT
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy #
relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the
operations and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the name insured, such insurance as is afforded by this policy is primary and
is not additional to or contributing with any other insurance carried by or for the
benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit
is brought except with respect to the company's limits of liability. The inclusion of
any person or organization as an insured shall not affect any right which such person
or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice
has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective , the endorsement form as part of
Policy #
Issued to
Name Insured
Countersigned by
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-1 6 Page 14 of 27
ATTIC l14r1FNT C
Sample Contract Agreement
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-1 7 Page 15 of 27
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this
by and between
day of , 2002,
("CONSULTANT") and the City of
Santa Ana, a municipal corporation of the State of California ("CITY").
WITNESSETH
Recitals:
A. CITY desires to retain a professional firm having skill and knowledge in the field
of Engineering for the purpose of preparing construction documents for the
project.
WHEREFORE, in consideration of their mutual and respective promises, and subject to
the terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows:
1. REPRESENTATIVES AND NOTICE
A. For purposes of implementing this Agreement, the representatives of CITY shall
be the Executive Director of the Public Works Agency and his designated representatives (the
"Director") and the representative of CONSULTANT shall be the Vice-President. Except as
may be otherwise stated hereinafter, such representatives shall have the authority to act on behalf
of their respective parties in carrying out the terms of this AGREEMENT.
B. Any notice or instrument required to be given or delivered to either party to this
AGREEMENT may be delivered by personal delivery or by depositing the same in the United
States mail, postage prepaid, addressed to:
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-18
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If to CITY: Executive Director
Public Works Agency
City of Santa Ana
Public Works Agency
20 Civic Center Plaza
Santa Ana, CA 92701
If to CONSULTANT:
Notice of change of address shall be delivered in the same manner as any other notice
provided herein. Notice by mail shall be effective three days after mailing by the above-
described procedure.
2. SCOPE OF SERVICES OF CONSULTANT
CONSULTANT :agrees to perform, at its own cost and expense except for the
compensation specified in this Agreement, the services specified in the RFP, attached hereto as
"Exhibit A" and incorporated herein by reference, and the Proposal, attached hereto as "Exhibit
B" and incorporated herein by reference, subject to modifications as may be set forth in the text
of this Agreement.
3. STANDARD OF PERFORMANCE
In undertaking the performance of this Agreement, CONSULTANT represents that it is
knowledgeable in the field specified in Recital A of this Agreement, and that any services
performed by CONSULTANT under this Agreement will be performed in compliance with such
standards as may reasonably be expected from a professional consulting firm in that field.
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4. TIME OF COMPLETION
The services to be performed pursuant to this Agreement shall be completed within
months from the day of written notification to proceed from the Director, subject to extension
with the approval of the Director, which shall not be unreasonably withheld.
5. CITY OBLIGATIONS
CITY shall provide CONSULTANT with all records` in the possession of CITY which
will be of assistance to CONSULTANT in the performance of this Agreement.
6. COMPENSATION
CITY agrees to pay, and CONSULTANT agrees to accept payment in accordance with
the fee schedule set forth in the Proposal, provided that total compensation for all work within
the scope of the RFP and the Proposal shall not exceed
CONSULTANT shall submit monthly invoices each accompanied by a detailed statement
of services performed during the period for which payment is requested. Payment by CITY shall
be made within thirty (30) days following receipt of a proper invoice, subject to CITY
accounting procedures.
Notwithstanding the foregoing, payment need not be made for work that fails to meet the
standard of performance specified in Section 3.
CONSULTANT and the Director may agree upon the performance by CONSULTANT
of additional work beyond the scope of RFP and the Proposal but related thereto this Agreement.
However, total payments to CONSULTANT pursuant to this Agreement, including all
such additional work, shall not exceed $ without the approval of CITY.
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7. OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS,
PROGRAMS AND SYSTEMS
Any and all records, papers, drawings, specifications, programs, systems and other
materials prepared by CONSULTANT, pursuant to this Agreement shall be the property of
CITY. CONSULTANT agrees to provide CITY with any such materials whenever requested to
do so.
8. HOLD HARMLESS CLAUSE
CONSULTANT agrees to indemnify and hold harmless CITY, and its officers, agents,
representatives, volunteers and employees from any and all loss or damage, and from any and all
suits, actions and claims filed or brought by any person or persons, however caused, arising out
of CONSULTANT'S negligent performance or failure to perform, any and all things necessary
to and required to be done by CONSUL'T'ANT, pursuant to the specifications in the Agreement.
9. INSURANCE
With respect to performance of work -under this Agreement, CONSULTANT shall
maintain and shall require its subcontractors, if any, to maintain insurance as described below:
A. Worker's Compensation insurance with statutory limits, any employer's liability
insurance with limits not less than $1,000,000 per accident.
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
City of Santa Ana P.W.A. Water Resources
19D-21 Page 19 of 27
B. Commercial general liability insurance or equivalent form, with a combined
single limit of not less than $2,000,000 per occurrence. If such insurance contains a general
aggregate limit, such limit shall apply separately to each project CONSULTANT performs for
CITY. Such insurance shall (a) name CITY, The Orange County Sanitation District, and their
officers, agents, representatives, volunteers and employees as additional insureds; (b) be primary
with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain
standard separation of insureds provisions; and (d) give to CITY prompt and timely notice of
claim made or suit instituted arising out of CONSULTANT's operations hereunder.
C. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage
for owned, hired and non-owned automobiles.
Professional liability (errors and omissions) insurance, with a combined single
limit of not less than $1,000,000 per occurrence.
CONSULTANT shall (a) furnish properly executed certificates of insurance and
additional insured endorsement to the Director prior to commencement of work under this
Agreement, which shall clearly evidence all coverage required above and provide that such
insurance shall not be materially changed or terminated except on 30 days prior written notice to
CITY; (b) maintain such insurance from the time work first commences until completion of the
work under this Agreement; and (c) replace such certificates for policies expiring prior to
completion of work under this Agreement.
The Director may waive or reduce the requirements of this section if and to the extent the
Director determines them to be unreasonably burdensome to the CONSULTANT and not
necessary for the protection of CITY.
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-22 Page 20 of 27
10. TERMINATION OF AGREEMENT
This Agreement may be terminated by the Director upon 30 days written notice of
termination to CONSULTANT. In such event, CONSULTANT, shall be entitled to receive and
CITY shall pay CONSULTANT compensation for all services performed by CONSULTANT
for work actually performed to the end of the 30 day period.
As a condition of such payment, the Director may require CONSULTANT to deliver to
CITY all work product completed as of such dated, and in such case such work product shall be
the property of CITY, and CONSULTANT consents to>CITY'S use thereof for such purposes as
CITY deems appropriate.
11. MISCELLANEOUS PROVISIONS`
A. By signing this Agreement, CONSULTANT certifies that it does not discriminate
in hiring on the basis of race, color, creed, religion,, sex, age, marital status, national origin,
ancestry, physical handicap, or medial conditions.
B. CONSULTANT shall not assign or transfer any interest in this Agreement,
whether by assignment or novation, without the prior written consent of the Director; provided,
however, that claims for money due or to become due from CITY under this Agreement may be
assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy,
without such approval. Notice of any such assignment or transfer shall be promptly furnished to
the Director.
C. CONSULTANT agrees that CONSULTANT is an independent contractor and not
an employee of CITY and all CONSULTANT's personnel shall be employees or subcontractors
of CONSULTANT and not employees of CITY. CONSULTANT shall pay all salaries and
wages, employers social security taxes, unemployment insurance, and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
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19D-23 Page 21 of 27
D. CONSULTANT shall not subcontract any of the services required hereunder
without prior written approval of the Director.
E. CONSULTANT reserves the right to effect changes in form or name, including
but not limited to changes from individual proprietorship, partnership or corporation to any other
such form of organization, and likewise reserves the right to add, substitute or delete
stockholders, partners, associates, and employees. This Agreement shall continue in effect with
regard to CONSULTANT under its new form or name without the necessity of any amendment
to this Agreement. The Director shall be promptly notified of any such change in form or name.
F. Nothing in this Agreement shall be construed to limit the CITY's ability to have
any of the services which are the subject to this Agreement performed by CITY personnel or by
other consultants retained by CITY.
G. The invalidity in whore or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
H. This Agreement shall' be governed by and construed in accordance with the laws
of the State of California.
1. This Agreement supersedes any and all other agreements either oral or in writing
between the parties hereto and contains all the covenants and agreements between the parties
with respect thereto. Each party to this Agreement acknowledges that no representation,
inducements, promises or agreements, orally or otherwise, have been made by any party or
anyone acting on behalf of any `party, with respect to such services, which are not embodied
herein.
J. Captions and headings in this Agreement, including the title of this Agreement,
are for convenience only and are not to be considered in construing this Agreement.
K. This Agreement may not be modified or amended except in writing signed by
CITY and CONSULTANT.
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-24 Page 22 of 27
L. CONSULTANT covenants that it presently has no interest, and shall not have any
interest, direct or indirect, which would conflict in any manner with the performance of services
required hereunder.
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
City of Santa Ana P.W.A. Water Resources
19D-25 Page 23 of 27
The parties have executed this Agreement as of the date and year first written above.
ATTEST:
CITY OF SANTA ANA
Patricia E. Healy Miguel A. Pulido
Clerk of the Council Mayor
RECOMMENDED FOR APPROVAL: YOUR COMPANY NAME
James G. Ross Name/Title
Executive Director
Public Works Agency
ID #
APPROVED AS TO CONTENT:
David N. Ream
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-26 Page 24 of 27
"IT1"r1t,11" Nk-,D
Fee Schedule
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
City of Santa Ana P.W.A. Water Resources
19D-27 Page 25 of 27
CITY OF SANTA ANA
Water Meter Replacement Services
FEE SCHEDULE
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM:
REQUIREMENT:
The undersigned declares that he/she has carefully examined the request for proposal, that he/she has
examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all the work
required to complete the said work in accordance with said Proposed Scope of Services, for the unit
price(s) set forth in the following schedule:
Item # Bid Item Unit uanti Unit Price Amount
1. Replace 5/8"x 3/4" Water Meter and EA 3,000 $ $
Curb Stop
2. Replace 3/4"x I" Water Meter and Curb EA 500 $ $
Stop
3. Replace 1" Water Meter and Curb Stop EA 500 $ $
Total $
BIDDER
Firm
Address
Phone(s)
Bidder
Signature
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-28 Page 26 of 27
City Standard Plan No. 1401, 1" Copper Water Service
CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES
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19D-29 page 27 of 27
19D-30