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HomeMy WebLinkAbout19C - RFP - CLOSED CIRCUT TV INSPECTION OF SEWERSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 18, 2013 CLERK OF COUNCIL USE ONLY: TITLE APPROVED ISSUANCE OF REQUEST FOR ? As Recommended PROPOSALS FOR CLOSED CIRCUIT ? Amended El Or dinance on 1S` Reading TELEVISION INSPECTION OF ? Ordinance on 2 Reading SANITARY SEWERS ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the Public Works Agency to issue a Request for Proposals to qualified consulting firms to provide closed circuit television sewer inspection services for the City's sanitary sewer collections system. DISCUSSION The City of Santa Ana's sanitary sewer collections system comprises approximately 390 miles of sewer mains, two sewer lift stations, 48,500 sewer laterals, and 8,000 sewer manholes that are used to convey all sewer effluent from the City into the Orange County Sanitation District system. In accordance with the City's Sewer System Management Plan and the State's waste discharge requirements, the City must inspect, assess, and maintain the sanitary sewer system in good repair. Closed circuit television (CCTV) technology is commonly used to assess the condition of sewer mains, identify sewer system deficiencies, and locate areas needing repair. To ensure and maintain a satisfactory level of service and compliance with regulatory mandates, CCTV technology is recommended to assess the City's sanitary sewer collections system. In the past, the City has contracted with consulting firms to provide routine CCTV sanitary sewer inspection services. As a result the City has identified and made numerous sewer repairs. These repairs improve service levels and help prevent sanitary sewer spills from occurring. Staff is requesting City Council approval to issue a request for proposal to qualified firms, soliciting proposals to provide the necessary CCTV inspection services. 1 19C-1 Issuance of Request for Proposals for Closed Circuit Television Inspection of Sanitary Sewers March 18, 2013 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with the issuance of this request for proposal. Raul Godinez II Executive Director Public Works Agency RG/CB Exhibit: 1. Request for Proposal 2 19C-2 REQUEST FOR PROPOSAL (RFP FOR CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS CITY OF SANTA ANA Santa Ana Public Works Department 20 Civic Center Plaza Santa Ana, CA 92702 Cesar E. Barrera, MS., P.E. Principal Civil Engineer Phone (714) 647-3387 cbarrera@santa-ana.org Issue: TBD Proposal Due: TBD Presentation (Perform Sample CCTV Inspection): TBD Projected Award: TBD Exhibit 1 19C-3 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide Closed Circuit Television (CCTV) Inspection of Sanitary Sewers. Responses to the Request for Proposals (RFP) will be accepted until TBD. If further information is required, contact Cesar E. Barrera at (714) 647-3387 or cbarreraCa--)santa-ana.orq All notifications, updates and addenda will be posted on the City's current RFP Bid page at htti)://www.ci.santa-ana.ca.us/bids-rfl)s. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Cesar E. Barrera MS, PE Public Works Agency 3rd Floor, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92702 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Cesar E. Barrera at cbarrera(aD-santa-ana.org. The receiving time in the Public Works Agency, 20 Civic Center Plaza, Santa Ana, CA 92702 Third Floor, Ross Annex, will be the governing time for acceptability of proposals Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE. DO NOT E-MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. 2 19C-4 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains TABLE OF CONTENTS 1. INTRODUCTION II. PERIOD OF CONTRACT III. OPTION OF RENEWAL IV. FISCAL NONFUNDING CLAUSE V. SCOPE OF WORK/SERVICES VI. GENERAL INFORMATION VII. COORDINATION VIII. CONTRACTOR RESPONSIBILITIES IX. LICENSE REQUIREMENTS X. INITIATION/KICK OFF MEETING XI. CITY BUSINESS LICENSE XII. ADDENDA XIII. RULES FOR PROPOSALS XIV. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS XV. SUBMITTAL INFORMATION AND DEADLINE XVI. SUBMITTAL REQUIREMENTS XVII. CONTRACTOR SELECTION - PROPOSAL AND EVALUATION XVIII. NOTIFICATION AND AWARD XIX. PUBLIC RECORDS EXHIBITS EXHIBIT A- SCOPE OF WORK/SERVICES EXHIBIT B - SAMPLE CONTRACT AGREEEMENT EXHIBIT C - CERTIFICATION AND PROPOSAL FEE SCHEDULE EXHIBIT D - REFERENCES EXHIBIT E - STATEMENT OF UNDERSTANDING EXHIBIT F - CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR EXHIBIT G - NON-COLLUSION AFFIDAVIT EXHIBIT H - SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL AND GENERAL LIABILITY INSURANCE EXHIBIT I - AUTHORIZED CONTRACTOR SIGNS PAGE 4 4 4 4 4 5 7 8 8 8 8 8 8 8 9 9 11 11 11 12 19 28 31 33 35 38 40 42 3 19C-5 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains 1. INTRODUCTION The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and a population over 325,000 people. The City of Santa Ana Public Works Agency- Water Resources Division oversees and maintains the daily operations of the sewer system. The City of Santa Ana's sanitary sewer collections system comprises approximately 390 miles of sewer mains, two sewer lift stations, 48,500 sewer laterals, and 8,000 sewer manholes that are used to convey all sewer effluent from the City into the Orange County Sanitation District (OCSD) system. In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide Closed Circuit Television (CCTV) Inspection of Sanitary Sewers. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to provide the services described herein. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of one year with an option to renew for three additional terms. Upon completion of the selection process, the selected consultant will be awarded a one year contract agreement for a "not to exceed fee" of $400,000.00. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents. The projected contract award date is TBD and may be adjusted as necessary. All services provided, and all payments made for services, shall be in accordance with the executed contract agreement. III. OPTION OF RENEWAL The City reserves the right to renew the contract for additional one-year periods upon written agreement and mutual consent between the consultant and the City. The contract may be renewed up to three (3) times for a total agreement of up to four (4) years. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. V. SCOPE OF WORK/SERVICES The City of Santa Ana is soliciting proposals from qualified firms for the cleaning, inspection and digital video recording, by means of a closed circuit color television camera (CCTV), of 4 19C-6 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains approximately 300,000 linear feet of sanitary sewer mains and sewer manholes as set forth in Exhibit "A". The purpose of this proposal is to obtain a qualified firm to provide cleaning, inspection, digital sewer video recording, and inspection services of sewer mains and manholes. This work shall include cleaning of sewer mains prior to digital CCTV video recording. This project continues the video inventory of the city's sewer infrastructure. The majority of the work will consist of cleaning and videoing of blocks of sewer mains (approximately 20,000 to 40,000 linear feet). However, some of the work will also consist of inspecting individual sewer mains and sewer manholes on an as needed basis. The sizes of the lines to be inspected vary from 4" to 24" in diameter. The majority of the work will be performed on mains in the 6" through 12" range with more than 50% of the total work being 6". The consultant firm shall be able to conduct CCTV inspection for 6" (lined) sewer mains. The proposal shall be concise, to the point, and sufficient enough to cover all required submittal requirements listed in this RFP and exclude any extraneous materials. This section of Scope of Services describes all processes and outlines the requirements prescribed in this RFP. It is the proposer's responsibility to address each and every item herein. VI. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at pre-proposal conference, negotiations with City, and/or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public 5 19C-7 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains Records Act. F. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. G. The City reserves the right to delayed scheduled dates if it is to the advantage of the City. H. The contractor, at the conclusion of a task shall submit an invoice to the City for the service rendered in that task. The invoice shall include a detailed breakdown on the services, project title and limits, the tasks, the hours, the unit costs, or the hourly rates or percentage completed. 1. Tentative Schedule Issue Request for Proposal (RFP) TBD Perform Sample CCTV Inspection TBD Submit Proposals to City TBD Evaluation & Contractor Selection TBD Award Contract TBD Begin Work TBD J. Compensation: The 300,000 linear feet is an estimate only and is shown solely for the purpose of comparing proposals. The City reserves the right to increase or decrease the amount of any quantity shown without any adjustment in the unit price. Contractor shall be paid the unit price shown in the bid for the amount of work actually completed. In special circumstances, the contractor may be called on to provide emergency video service for a specific problem area or may encounter work that is atypical in nature and requires extra time to complete. In such cases the contractor may elect to invoke an hourly rate for services in lieu of the unit price. The City reserves the right to approve the contractor's request for an hourly rate of compensation and shall base its approval on the following criteria: The hourly rate is designed to allow the contractor fair compensation for work performed that is of an emergency or of an unusual or unexpected nature. Such work would reasonably be expected to consume significantly more time than it would take to complete video in most areas of the City. The hourly rate shall be calculated by taking the unit rate for CCTV Inspection and multiplying that rate by a factor of 400. 6 19C-8 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains 3. The hourly rate may be invoked without the prior approval of the City when the number of feet specified in a single request for CCTV inspection does not exceed 1600. In such cases the contractor may invoke the hourly rate and charge a four-hour minimum. Hourly rate requests for footage exceeding 1600, or for work requiring more than four hours to complete, will be evaluated by the City on a case-by-case basis. 4. Requests for hourly rate compensation based on unexpected conditions must be accompanied by video or other evidence showing the nature of the delay or difficulty. Hourly rate compensation will not be granted for routine blockages and obstructions that often interrupt the progress of work during a typical day of inspecting sewer mains. These occurrences are to be included in the unit price for video. 5. Hourly rates and unit rates for CCTV inspection may not be applied on the same calendar day. 6. Cleaning will be billed on a per unit basis whether or not video services are compensated with hourly rates. However, the City reserves the right to compensate the contractor at an hourly rate for cleaning by using the unit rate for cleaning and multiplying it by 800. Any contractor requests for hourly-rate compensation must be accompanied by either direct supervision of the cleaning operation by the City or by video showing the nature of the extenuating circumstances that necessitated it. Under no circumstances will the contractor be allowed to invoke an hourly rate for cleaning without prior written approval by the City. Hourly rates and unit rates for cleaning may not be applied on the same calendar day. 7. Hourly rates may only be applied during work performed, including actual CCTV inspection or cleaning of mains and manholes, setting up equipment or traffic control and travel time between video locations within the City. It may not be applied to travel time to the first job location or away from the last job location or for activities unrelated to the CCTV inspection or cleaning of City sewer mains or manholes. 8. The City reserves the right to invoke hourly compensation in lieu of unit rate compensation whenever it deems necessary. Such requests will be made prior to the commencement of work. Upon receiving this Request for Proposal (RFP), proposer shall notify the City in writing by email (Attention: Cesar E. Barrera at cbarrera(a)santa-ana.orq) regarding its intent to respond to the RFP. During the proposal period, all questions and requests for additional information must be in writing and emailed (Attention: Cesar E. Barrera at cbarrera(a)santa-ana.orq) TBD. No verbal responses will be given. VII. COORDINATION Coordination by the awarded proposer with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with neighborhood and civic groups, private property owners local and/or state agency boards, and Council meetings. 7 19C-9 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the proposer's direct contact, by the proposer acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. VIII. CONTRACTOR RESPONSIBILITIES The selected contractor will assume responsibilities for all services in its proposal. The selected contractor shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. IX. LICENSE REQUIREMENT In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals (If required). X. INITIATION/KICKOFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. XI. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XII. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. XIII. RULES FOR PROPOSALS The signer of the RFP 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 full authority to bind the proposer (Exhibit E). XIV. E-MAIL COMMINICATIONS AND INTERPRETATIONS/CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at http://www.ci.santa-ana.ca.us/bids-rfps. No oral interpretations will be made by the City to any 8 19C-10 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e-mail to the projects manager no fewer than five (5) calendar days prior to the date and time set for the RFP bid due date. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XV. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XVI. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal 1) Five (5) copies of the response to the RFP shall be signed by a company official with the power to bind the company. The fee schedule, Exhibit "C" four (4) copies. The response to the RFP and the fee schedule shall be separately bound, sealed, and submitted to the City. The fee schedule shall include the following: a) Rate per foot cleaning b) Rate per foot of sewer main CCTV inspection c) Rate per foot of sewer main data processing d) Rate per sewer manhole (MACP inspection) e) Rate per sewer manhole of data processing f) Hourly and Labor Rates The City reserves the right to increase and or decrease the quantity of cleaning, CCTV inspection, and data processing based upon the unit price specified herein. 2) One (1) copy of the sample work/project submittal on a compact disc, USB flash drive or equivalent. 3) Structure your proposal to include the Scope of Services response, general time implementation schedule, fees/contract price, and exhibits as specified. Each firm must address each of the following items in its response to the RFP: • Statement of Qualifications -In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 20 PAGES (excluding front and back covers, section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: 9 19C-11 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains 1. Cover Letter - A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and sub-consultants who will be providing services. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to complete the project. Be sure to include detailed information regarding cleaning, videoing, as well as what will be required to adapt the existing software and other procedures to accommodate the City's database requirements. • EXHIBIT C - PROPOSERS STATEMENT AND PROPOSAL FEE SCHEDULE A fee envelope including proposer's cost proposal shall be submitted concurrently but under separate cover with the technical proposal. Costs should be indicated by the respective tasks described in Section XVII of this document. A total cost for the entire project shall be indicated. No fee envelopes shall be opened by City until the final ranking of proposals has been completed. • EXHIBIT D - REFERENCES - The Proposer shall submit a list of agencies, past and present, for which you have provided work similar to that identified in this RFP (Exhibit A) for the last 5 years. • EXHIBIT E - PROPOSERS STATEMENT • EXHIBIT F -CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR • EXHIBIT G- RESPONSIBLE PROPOSER- SUPPLEMENTAL QUESTIONNAIRE • EXHIBIT H - NONCOLLUSION AFFIDAVIT • EXHIBIT I - SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY • The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. 10 19C-12 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains • The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XVII. CONTRACTOR SELECTION- PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: qualifications, abilities, sample project, and responsiveness to the RFP. The proposals will be reviewed by a committee of City staff. The committee will evaluate the proposers based on the response to the RFP and the City evaluation criteria. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. The committee will rank the proposers and select the top three (or top tier based on the natural score break). The committee and or the executive director of Public Works Agency (PWA) will open the fee envelopes after selection of top tier proposers, but prior to interviews (if desired). The Council recommendation will be based on the evaluation score, technical merit and proposed fees of the top tier. XVIII. NOTIFCATION AND AWARD The bid results will not be discussed until after award of contract. Unopened fee envelopes will be returned to the proposers. Project manager may, but is not required to, discuss non-award with interested proposer's. XIX. PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. 11 19C-13 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains EXHIBIT "A" SCOPE OF WORK/SERVICES 12 19C-14 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains All work shall be accomplished and in accordance with these provisions as specified herein. SAMPLE PROJECT All proposers responding to this RFP shall be required to perform a sample CCTV inspection of a sewer main segment and submit the sample video, report and database file as part of their response package. Proposers who fail to perform and submit the sample video, report or database file will automatically be disqualified. Proposers responding to this RFP shall make themselves available to perform the sample project on TBD as outlined in this section thereof. The exact date, time and location shall be coordinated through the Water Resources Division. The City Water Resources Division will contact the proposer to coordinate this effort after the City receives the proposers notice regarding its intent to respond to the RFP. The cost of the sample project shall be borne by the proposer as part of the response to the RFP. A. SEWER CLEANING: All sewers shall be cleaned within 24 hours prior to CCTV inspection except as directed otherwise by the Engineer. Cleaning shall include removal of grease, roots, debris and other obstructions to facilitate the CCTV inspection. The contractor firm shall use the appropriate nozzle or cutter head, (i.e. high velocity, water jet, root cutter, etc.), to accomplish the cleaning as required for that particular reach of sewer. Cleaning methods shall be employed to sufficiently clean the pipe so the camera can pass and can fully ascertain and document the structural and operational condition of the pipe. Any costs associated with CCTV inspection work that is necessitated by the contractor's failure to sufficiently clean the main shall be borne entirely by the contractor. The contractor shall use a tablet PC with infraMAP® software, supplied by the City, to record the location of the cleaning operation and the conditions encountered for each section of sewer main that is cleaned. The contractor shall be trained by the City in the use of infraMAP®. At the end of each day that work was performed, the contractor shall synchronize the tablet PC with the City's databases at the City Corporate Yard facilities The tablet PC shall be delivered along with the digital video, logs and other materials when a designated area of work has been completed. The City reserves the right to use both the comprehensiveness and completeness of the cleaning reports along with the cleanliness of the pipe as evidenced by the supplied video to ascertain whether the pipe was cleaned sufficiently. Any costs required to re-clean either an unreported or an insufficiently cleaned main shall be borne entirely by the consultant. B. TELEVISION INSPECTION: 1. The contractor shall visually inspect, digitally encode video in WMV format (or another format if mutually agreed upon) and provide digital logs, in PDF format, of all inspected sewers. The log and video formats shall be approved by the City prior to commencement of work. Only portable hard drives and flash drives are accepted as specified on item #4. 2. The contractor shall use equipment specially designed and constructed for sewer 13 19C-15 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains inspection and video recording. The camera must have light sources of suitable illumination output to provide a clear picture of the entire periphery of pipe. The camera must be able to be rotated to a position that will assure that the total periphery of the sewer is in focus at all times, regardless of the diameter of the pipe being inspected. The camera, transport system, and other components of the video system shall be capable of producing a picture adequate for the purposes of the inspection as stated herein. The adequacy of the proposed equipment, resulting video and the assessment logs shall be demonstrated to the City, if so requested, prior to award of contract. The cost of such demonstration shall be bome by the consultant. 3. A cable footage counter, accurate to within one (1) foot in 1000 feet, shall be used and shall be indicated on the monitor and recorded on the video. The date of inspection, continuous forward and reverse readout of camera distance from referenced access hole, the upstream and downstream manhole with an arrow indicating flow direction (or the database number, run number and direction of flow), the size of the pipe, the name of the street, the time of day and the project or location name as supplied by the City shall be displayed continuously on the monitor and recorded on the video. The color of the overlay information shall be adjusted so that it remains legible throughout the run. The footage relative to the center of the manhole at the start of each run shall be set to accurately reflect a center of manhole starting position of 0.00 feet regardless of where along the pipe and at what footage the run begins. 4. Digitally encoded video shall be compressed with the WMV format with settings specified by the City. Digital video shall be supplied to the City on stand-alone, hard disk drive systems with plug-and-play capable USB connections. Digital video files, Microsoft Access Database files, PDF report files and disk directory naming conventions on consultant-supplied hard disk systems shall be approved by the City prior to the commencement of work. All disks and related components will become property of the City and shall be included in the unit pricing for producing digital sewer video. Every sewer main assessment shall begin with a view of the open manhole and shall proceed uninterrupted in the downstream direction with the insertion of the camera into the manhole with the subsequent sewer main assessment. Recording of video against the flow or passing through interim manholes will only be allowed with prior approval of the City or when it can be shown that conditions made it unfeasible to lift an interim manhole cover or to record with the flow. 6. CCTV inspection, monitoring and recording shall only be performed by technicians that are NASSCO certified with a minimum of two years prior experience. The contractor shall furnish qualification details and sample video for each technician so that their involvement in the project can be approved by the City prior to the commencement of work. The use of a video technician not approved by the City will be considered sufficient cause for the rejection of any related work and any costs associated with re-inspecting shall be at the consultant's expense. 7. During inspection, the operating technician shall, along with an audio record of conditions, log a computerized assessment of the recorded sewer. This assessment shall include the location of all laterals, indicated infiltration, cracks, deflected joints, collapsed sections, ex-filtration, misalignment, roots, deposits, and other conditions or 14 19C-16 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains data pertinent to the physical condition of the sewer. 8. The computerized format shall be provided as a separate Microsoft Access database file for each quantity of digital video specified by the City. The contractor shall provide copies of the logs to the City in PDF format. The Microsoft Access database shall include the following: a) An inspection table listing each run number, the name of the operator, the inspection date, weather conditions, City supplied (the next sequential) database number, address or intersection of the starting manhole, direction of the inspection with respect to the flow, sewer number as supplied by the City, material (VCP, PVC, etc.), diameter of the sewer, length of the sewer, starting manhole ID number and the ending manhole ID number. b) An assessment table listing the run number, starting and ending footage of every observation, applicable assessment code, assessment code translation, additional remarks, starting and ending clock positions of observations where applicable. c) Tabular formats (table names, column names and data types, etc.) shall conform to specifications approved by the City. 9. The contractor shall submit the aforementioned video, and electronic reports summarizing all defects and conditions specified above to the City within 15 calendar days of completion of task. In addition, the contractor shall retain copies of both the digital video and logs, for a term no less than that specified for the agreement and shall make additional copies available to the City if the copies originally delivered to the City are found to be either defective or incomplete. Upon acceptance of the agreement, the contractor acknowledges that given the quantity of video to be provided and the time it will take for the City to review the video after delivery that the City's request for replacement data or video may not be timely. 10. Databases shall be numbered in sequential order with any deliverable video recording reflecting the same unique number differentiating each video. The starting database number will be specified by the City at the beginning of the contract. Barring any notifications by the City to the consultant of changes to the sequence number, the contractor will be required to keep track of the next sequential number and use it on the electronic database files. The City will notify the consultant of any changes to the sequence number prior to requesting additional work. 11. Prior to the commencement of work, the City shall provide the contractor a tablet PC equipped with infraMAP® software. Through the use of the infraMAP® software the contractor will have access to the complete sewer system maps and data including but not limited to: manhole ID numbers, sewer main ID numbers, street names and sewer main attributes. The City, through the infraMAP® software, will designate the locations that are to be inspected. Use of the infraMAP® software by the contractor is required. The City shall train the contractor in the use of infraMAP® as it relates to the documentation of sewer cleaning and inspection activities. 12. If the contractor encounters conditions in the field that do not correspond to those 15 19C-17 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains indicated on the maps, the contractor shall promptly inform the City of the discrepancy. If manholes or terminating cleanouts are encountered that are not shown on the maps, the contractor shall use the next available manhole number as shown on the maps for the video assessment and indicate the location where the manhole was found. The City will incorporate those changes into the maps. The contractor will be required to synchronize the tablet PC daily to ensure that both the City and the contractor have the most up to date information. When the contract is completed the contractor will be required to return the tablet PC to the City. The use of non-standard or incorrectly numbered manholes by the contractor in either the database or on the video overlay as shown on the digital video is cause for rejection of both the digital video and the database in which it is referenced and any costs associated with re-videoing of the main, modifications to the video overlay or rectification of the database that are necessitated by the consultant's failure to use designated naming conventions will be borne entirely by the contractor. 13. Any digital media delivered to the City shall be labeled with the following information: a) Street name or location of sewer main and or sewer manhole if not in a City street, and limits of inspection for the sewer reach included; (e.g., McFadden Avenue sewer between Grand and Standard) or the task name given by the City. b) Date of inspection. c) Database number 14. All digital reports shall be in (pdf) format and contain as a minimum the following information: a) Date and time of inspection b) Name of contractor c) Names of operating technician/inspector d) Pipe size, material, and total length e) Number and street or intersection location and the City designated number for the starting manhole. f) Number and street or intersection location and the City manhole number for the ending manhole. g) Direction of inspection (upstream or downstream). h) The database number. i) NASSCO rating scores including as a minimum: Quick Structural Rating (QSR), Quick Maintenance Rating (QMR), Structural Pipe Rating (SPR), Maintenance Pipe Rating (MPR) and Overall Pipe Rating (OPR). j) Observations, comments, recommendations, laterals referenced to footage counter and video clock (tape counter). 15. All digital reports for sewer manholes shall contain as a minimum the contained information on the Level I of the MACP by NASSCO guidelines and all items listed on item 14 listed above as applied to sewer manholes. 16. At all points within the sewer showing defects, laterals and sewer appurtenances, the consultant shall stop the camera, rotate (up to 360 degrees) and/or tilt the camera lens 16 19C-18 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains to ensure adequate video coverage. All defects shall be rated/scored and logged in accordance with NASSCO guidelines. 17. Each database shall have runs numbered in sequential order starting with one (1). The operator shall proceed to the next run number whenever the camera is withdrawn regardless of the reason, encounters the next manhole, next cleanout or when a run is terminated. Digital video files (one for each run) shall conform to the indexing system with each file being designated by concatenating the database number with the run number (i.e.: 1179-01.WMV would designate the first run on database number 1179). If such naming by the contractor is found to be technically unfeasible, the contractor shall deliver the files, along with any tabular information that would be necessary for the City to automate the file naming process. Any file naming convention that does not conform to the aforementioned requirements is subject to prior approval of the City. 18. Prior to the commencement of work, the contractor shall demonstrate to the City the procedures that shall be used for the inputting of City manhole numbers, run numbers, street names, or any other data that is encoded in the video database and how the quality and uniformity of that data will be guaranteed. 19. The camera shall be stopped and/or backed up to view and analyze conditions that appear unusual or uncommon to a sewer main in good condition. There shall be no loss of video quality at any time. 20. As the video is produced, the technician shall provide an audio narration of the inspection to include identification of the sewer main location, by street intersection location or street address as well as by City manhole number, inspection direction (upstream/downstream) and complete descriptions of the line conditions as they are encountered. The audio portion of the video recording shall be free from electrical interference, feedback, hum, and background noise. 21. If the camera cannot pass the entire sewer reach from its point of insertion, the reach shall be inspected from both directions. The inspection logs for the reach shall include an identification of the nature and location of the blockage. The contractor shall notify the City immediately of any such obstruction so that it may be repaired or mitigated by the City and/or the contractor so that work may proceed. 22. Video runs showing condensation or submersion of the lens, poor or out-of-focus images, poor audio, or otherwise poor image quality shall be cause for rejection and may necessitate re-inspecting at the contractor's expense if the City determines the video run is not of acceptable quality. 23. In special cases, when directed by the City, the contractor shall be responsible for plugging manhole outlets during CCTV inspection. The sewer lines will be in service at the time of inspection. 24. Television inspection of sewer mains with high volumes of flow (pipe running 1/3 full or more) will be done at night between the hours of 10 p.m. and 5 a.m. unless otherwise directed by the City. No adjustment in cost shall be allowed for night work. Notwithstanding, the consultant shall always use whatever mechanical means are available, including modification or changing of the camera wheels or treads, to insure that the image is recorded in an upright, un-rotated position. The City 17 19C-19 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains reserves the right to reject any video where changes in the orientation of the camera could have been corrected by such modifications or by performing the work during periods of low flow. 25. Traffic control for sanitary sewer inspection shall be the responsibility of the contractor and shall conform to the work Area Traffic Control Handbook (WATCH). Flashing arrow boards shall be used on arterial streets. 25. In two (5) working days after being notified to inspect a particular section of sewer main, the contractor shall begin CCTV inspection, and shall diligently pursue that work to completion. The consultant shall perform all sewer manhole assessment inspections services per NASSCO standards by the Manhole Assessment Certification Program (MACP) Level I. Level I (MACP) shall include all information included on Level I (MACP) detailed therein in addition to the, using valid MACP defect codes. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. All vehicles and or towed equipment shall carry "City of Santa Ana Authorized Contractor" magnet sign affixed and visible. See Exhibit "I". The contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, including but not limited to these contract documents 18 19C-20 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains EXHIBIT "B" SAMPLE CONTRACT AGREEMENT 19 19C-21 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains THIS AGREEMENT, made and entered into this X day of XXX, XXXX by and between X (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS 1. The City desires to retain a Contractor having special skill and knowledge in the field of X. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide X. 3. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional X firm. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: DEFINITIONS (if any) TERMS AND CONDITIONS A. TERM The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to X (X) additional XX (XX) - year periods on the terms and conditions set forth herein. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. CONTINUED FUNDING In the event funding is not allocated for parking control enforcement services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City C. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services, the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. The amount to be expended for services shall not exceed (dollar amount) ($ _) annually during the term of this agreement. 20 19C-22 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains 2. Invoices a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services City project number and/or name (if applicable) iv. Work site address/location (if applicable) V. Unit cost, subtotals and total for invoice 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Price Adjustments The parties may annually agree to an adjustment of charges (not to exceed 2%) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles-Anaheim-Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [00] percent and PPI shall be weighted at ten [10] percent.) 5. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. INDEPENDENT CONTRACTOR 21 19C-23 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which contractor performs the services required by this contract. However, the services to be provided by contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. E. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal iniury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of contractor's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal iniury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City: and (c) contain standard separation of insured provisions. A sample additional insured endorsement is attached hereto as Exhibit H. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. If contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) 22 19C-24 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains per claim. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. C. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. If contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. F. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and/or materials) or contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy 23 19C-25 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. G. NOTICE Any notice, tender, demand, delivery or other communication pursuant to this agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, sent by telefacsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92701 Fax 714-647-6956 With courtesy copy to: Public Works Agency - (Division) To Contractor: H. TERMINATION The City reserves the right to terminate the contract as follows: 1. In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, 24 19C-26 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and/or contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one-hundred eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, contractor shall give the City thirty (30) working days to cure the alleged breach. J. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the sum of $XXX per hour/ per occurrence (see narrative) for such breach, in addition to any cost, fines, etc. levied against the City. K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. L. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE (Mot necessary if no Santa Ana employees will lose jobs) The contractor shall extend offers of employment to any displaced City of Santa Ana employee for a minimum of one (1) year and at a rate commensurate to his/her last base salary amount as an employee of the City of Santa Ana. Thereafter, the contractor may pay according to the contractor normal pay structure. Contractor costs should be amortized over the # year contract period. M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1. Contractor shall perform all requirements under this contract in strict observance of and in compliance with all 25 19C-27 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the (particular relevant statutes andlor regulations) and as it may be amended or updated throughout the term of this contract. N. ASSIGNMENT Inasmuch as this contract is intended to secure the specialized services of contractor, contractor may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, transfer; delegation or subcontract without the City's prior written consent shall be considered null and void. 0. JURISDICTION - VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this contract. P. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. Q. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. 26 19C-28 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVAHALO City Attorney By: _ xxxx Assistant City Attorney RECOMMENDED FOR APPROVAL: Raul Godinez III, PE Executive Director PWA Agency CITY OF SANTA ANA Kevin O' Rurke Interim City Manager CONTRACTOR NAME/TITLE Tax I D# 27 19C-29 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains EXHIBIT "C" CERTIFICATION AND PROPOSAL FEE SCHEDULE 28 19C-30 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on an (hourly cost, time and materials basis - see narrative) for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Closed Circuit Television CCTV Inspection of Sanitary Sewer Mains 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 Quantity Unit Price Amount 1. Sewer Main Hydro Washing LF 300,000 $ $ (Cleaning) 2. Sewer Main CCTV Inspection LF 300,000 $ $ 3. Sewer Main Data Processing LF 300,000 $ $ 4. Sewer Manhole CCTV Inspection EA 1,000 $ $ 5. Sewer Manhole Data Processing EA 1,000 $ $ 6. Hydro-wash (Cleaning) Truck HR 1,000 $ $ 7. CCTV (Video) Truck HR 1,000 $ $ TOTAL $ 29 19C-31 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains LEGAL NAME OF COMPANY BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT PHONE AND FAX NUMBERS TITLE SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) APPLICABLE) CONTRACTOR LICENSE NUMBER (IF THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 30 19C-32 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains EXHIBIT "D" f'Z41=I 0 =1 ? 141 :K 31 19C-33 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE 32 19C-34 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains EXHIBIT "E" STATEMENT OF UNDERSTANDING 33 19C-35 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 34 19C-36 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains EXHIBIT "F" CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 35 19C-37 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction/services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the 36 19C-38 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains contractor may request that the United States enter into such litigation to protect the interests of the United States. 2. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 37 19C-39 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains EXHIBIT "G" NON-COLLUSION AFFIDAVIT 38 19C-40 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above no collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this no collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California, County Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 39 19C-41 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains EXHIBIT "H" SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY INSURANCE 40 19C-42 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains Insurance Company- This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insured ("additional insured") 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 named 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 insured. 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 insured, 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 _ as a part of Policy # Issued to Countersigned by this endorsement form Named Insured Authorized Representative SAMPLE ONLY 41 19C-43 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains EXHIBIT "I" AUTHORIZED CONTRACTOR SIGN 42 19C-44 City of Santa Ana, PWA RFP - Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains The magnetic sign shall be in size (24" x 18") length by width. These shall be plain white color background and black lettering as shown on this sample. The City logo shall be located in the center. CITY OF SANTA ANA AUTHORIZED CONTRACTOR NOW NAME OF CONTRACTOR 43 19C-45 19C-46