HomeMy WebLinkAbout25E - AGMT - SANITARY SEWER SRVSREQUEST FOR ;
COUNCIL ACTION'''
CITY COUNCIL MEETING DATE: -
JULY 15, 2014
TITLE:
AGREEMENT WITH HOUSTON &
HARRIS PCS, INC., FOR CLOSED
CIRCUIT TELEVISION INSPECTION
OF SANITARY SEWER SERVICES
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
:••:• _�
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
El Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Houston & Harris
PCS Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to
provide closed circuit television inspection of sanitary sewer services, for a one -year period expiring
June 30, 2015, with provisions for two one -year renewal options exercisable by the City Manager and
City Attorney, in an amount not to exceed $400,000 for each term.
DISCUSSION
The City of Santa Ana sanitary sewer collection 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 assets and maintain the sanitary sewer system in good repair.
Closed circuit television (CCTV) technology is utilized to assess the condition of sewer mains and
sewer manholes and identify infrastructure system deficiencies. In the past, the City has utilized
consulting firms to provide CCTV inspection of sanitary sewer services. The proposed contract for
sewer CCTV inspection will provide for inspection of approximately 71 miles of pipeline (18 percent of
the sewer system).
On July 15, 2013, at the conclusion of a Request for Proposals (RFP) process, City Council awarded
a contract for CCTV inspection services to Houston & Harris PCS, Inc. (Exhibit 2). The original
agreement provided for three one -year extensions but expired before any extensions were executed.
By executing this new service agreement, the parties are effectively extending the original contract as
contemplated by the RFP.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure,
Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C
(invest resources and technology to extend the service life of existing infrastructure to protect the
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Agreement Amendment with Houston Harris PCS, Inc.
July 15, 2014
Page 2
City's investment and support a high quality of life standard) and Strategy F (perform periodic
measurements to monitor and update each asset's condition and ensure adequate funding for repair,
and /or replacement costs in future budgets).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Sanitary Sewer Service Fund account (No. 05617640- 62300)
Interim Executive Director
Public Works Agency
EWG /ns /af
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez A
Executive Director
Finance & Management Services Agency
Exhibit: 1. Agreement
2. City Council Agenda Item —July 15, 2013, Item #2513
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SERVICE AGREEMENT
THIS AGREEMENT made and entered into this 15`x' day of July, 2014 by and between Houston-
Harris PCS, Inc., a California corporation (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
A. The City desires to retain a contractor having special skill and knowledge in the field of cleaning,
inspecting and video - taping sanitary sewer mains.
B. A Request for Proposal [ "RFP "] was originally done for this project in 2013 and Contractor was
awarded the Bid on July 2013.
C. The original contract contemplated three one year extensions but expired before any extensions
were executed. By executing this new service agreement the parties are effectively extending the
original contract as contemplated by the RFP.
D. Contractor represents that it is able and willing to provide such services to the City.
E. 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 consulting firm in the field.
NOW THE REFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter sot forth, the parties agree as follows:
I. SCOPE OF SERVICES
Contractor shall perform those services as set forth in City's Request for Proposal # 13 -020 for
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers, attached hereto as Exhibit A, and
Contractor's Proposal dated May 30, 2013, attached as Exhibit A -1. All Exhibits shall be incorporated to
this Agreement by this reference.
2. DELIVERY OF WORK PRODUCT OWNERSHIP
Contractor warrants and represents that it has the absolute right to enter into and perform this
Agreement and will perform its obligations hereunder in accordance with standards and practices
prevailing in the industry. Contractor's contribution to the Project, including works to be produced by
Contractor hereunder, will not infringe or misappropriate the proprietary or personal rights of any third
person or party. Contractor shall deliver to City any work product which results from the services
provided. Said work product shall be submitted in hard copy and produced in a form compatible with
City's information systems, as agreed between the Project Manager and Contractor.
3. COMPENSATION
a. City agrees to pay and contractor agrees to accept as total payment for its services, the rates and
charges set forth in Contractor's fee schedule, attached hereto as Exhibit B and incorporated by reference.
Exhibit,l
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The amount to be expended for services shall not exceed Four Hundred Thousand Dollars ($400,000.00)
annually during the term of this agreement.
b. Invoices
1. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for
the services rendered in the prior month.
2. 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
L Contractor's invoice number
ii. Beginning and ending dates for services
iii. City project number and/or name (if applicable)
iv. Work site address /location (if applicable)
v. Unit cost, subtotals and total for invoice
c. 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.
d. 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 index 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.
e. 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.
4. TERNI
This Agreement shall commence on the date first written above and terminate on June 30, 2015,
unless terminated earlier in accordance with Section 14, below. This Agreement may be renewed for up
to two additional one -year periods upon the written agreement of the parties. The term of this Agreement
may be extended upon a writing executed by the City Manager and the City Attorney.
5. CITY OBLIGATIONS
City shall provide Contractor with all records in the possession of City which will be of assistance
to Contractor in the performance of this Agreement.
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6. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement 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 professional manner in which Contractor performs the services which are
the subject matter of this Agreement; 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.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. 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 injury, including death resulting therefrom 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 injury, including death resulting therefrom, and
property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such
insurance shall be endorsed to (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 (o) contain standard separation of insureds
provisions.
b. 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.
u.. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for
worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work
under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with
limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Contractor pursuant to
this section:
(i) Contractor shalt maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
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(iii) 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.
e. 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 Agreement. Such
termination shall not effect 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.
S. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indernrufy, 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 relate (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. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the contractor.
9. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful
possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
10. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
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ll. 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, or sent by telefacsimile or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
telefacsimile (714) 647 -6956
With courtesy copies to:
Public Works Agency
City of Santa Ana
220 S. Daisy Avenue, Bldg A (M -85)
Santa Ana, California 92703
telefacsirr le (714) 647 -3345
Attn: Water Resources Manager
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
F.O. Box 1988
Santa Ana, California 92702
To Contractor: Houston- Harris PCS, Inc.
21831 Barton Road
Grand Terrace, California 92313
Attn: Pam Houston
A party may change its address by giving notice in writing to the other party. Thereafter, any
notice shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand,
delivery, or other commumication shall be effective or deemed to have been given three (3) days after it
has been deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by facsimile, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given twenty -four (24) hours after the time set
forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event
of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Contractor. The parties agree that any terms or conditions
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of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
13. ASSIGNMENT
Inasmuch as this Agreement 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 the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. 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.
14. TERMINATION
The City reserves the right to terminate the contract as follows
a. 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.
b. This agreement maybe terminated without cause by City upon thirty (30) days written notice
delivered to the Contractor either personally or by mail. Upon term nation, 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.
c. In addition to, or in lieu of, 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 City, 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 City
determines that contract services are performed as well and as frequently as required by this agreement.
15. 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. hl the event of
nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to
cure the alleged breach.
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16. 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.
17. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement 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 Agreement.
19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Contractor shall notify the City immediately and in writing of her inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written,
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorne
Hy:
Jos do
Chic ssistantCityAttorn
RECOMMENDED FOR APPROVAL:
EDWIN "WILLIAM" GALVEZ
Interim Executive Director
Public Works Agency
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CONTRACTOR
HOUSTON - HARRIS P.C.S., INC.
PAMELA D. HOUSTON
President
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25E -10
EXHIBIT A
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. All costs associated with the cleaning of sewers and sewer manholes shall be borne by
the contractor. These home expenses include and are not limited to water usage, and fees related to
obtaining and securing a hydrant water meter from the City. Contractor shall return water hydrant meter
to the City on an annual basis.
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 infraMAPV 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 areaof 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 bome entirely by the
Contractor.
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 togs, in PDF format, of all inspected City of Santa Ana, PWA
RFP — Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains 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 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 borne by the Contractor.
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
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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 shalt 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 Contractor - 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.
5. 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 Contractor'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 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.
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lb. 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 Contractor 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 Contractor 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 infraMAPO software by the contractor is
required. The City shall train the contractor in the use of infraMAP(D 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 indicated on the
maps, the contractor shalt 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 wilt 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 Contractor'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.
it
25E -13
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 Contractor shall
stop the camera, rotate (up to 360 degrees) and/or tilt the camera lens 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 113 full or more) will
be done at night between the hours of 10 p.m. and 5 a.m. unless otherwise
12
25E -14
directed by the City. No adjustment in cost shall be allowed for night work. Notwithstanding, the
Contractor 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 reserves the tight 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.
26. Within two (2) 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 Contractor 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.
27. 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. The contractor shall comply with all federal, state and local laws, rules, regulations,
ordinances, and statutes, including but not limited to these contract documents.
13
25E -15
EXHIBIT A -1
CONTRACTOR'S PROPOSAL
MAY 30, 2013
14
25E -16
son n
AS
A
Larry Houston
(909) 422 -8990
IhOListon@hOLlstonandharris.com
This proposal shall remain valid for a period of not less than 90 calendar days from date of
rlay submittal
a hAay 30 2013
Pamela 0. Houston, President Date
City of S VVa Ana Sid di 3.010
Closed Circuit Tol wiv 10A (CC N)Inopo 0on 0 5anl Wry S o,o,s
RE: Closed Circuit Television (CCTV) Inspection of Sanitary Sewers
may,.
:x.. .. __ .. .... ...
Letter of Offer
21831 Barton Road
218716a rtun Road
C rand To rtacc, CA 92317
City of Santa Ana
°}
Cesar E. Barrera MS, PE
(909) 422-8990 Te((909)422 -0841 Fax
CA d894157
Public Works Agency
State Contractor's License t; 884167
3rd Floor, Ross Annex
20 Civic Center Plaza
Santa Ana, CA 92702
Larry Houston
(909) 422 -8990
IhOListon@hOLlstonandharris.com
This proposal shall remain valid for a period of not less than 90 calendar days from date of
rlay submittal
a hAay 30 2013
Pamela 0. Houston, President Date
City of S VVa Ana Sid di 3.010
Closed Circuit Tol wiv 10A (CC N)Inopo 0on 0 5anl Wry S o,o,s
RE: Closed Circuit Television (CCTV) Inspection of Sanitary Sewers
may,.
:x.. .. __ .. .... ...
Bidder: Houston & Harris PCS, Inc.
21831 Barton Road
218716a rtun Road
C rand To rtacc, CA 92317
°}
Grand Terrace, CA 92313
(909) 422-8990 Te((909)422 -0841 Fax
CA d894157
www.houstonandharris,com
State Contractor's License t; 884167
Assigned Primary & Proposal Evaluation Contact:
Larry Houston
(909) 422 -8990
IhOListon@hOLlstonandharris.com
This proposal shall remain valid for a period of not less than 90 calendar days from date of
rlay submittal
a hAay 30 2013
Pamela 0. Houston, President Date
City of S VVa Ana Sid di 3.010
Closed Circuit Tol wiv 10A (CC N)Inopo 0on 0 5anl Wry S o,o,s
25E -18
-
may,.
:x.. .. __ .. .... ...
. ....
R^ aC
218716a rtun Road
C rand To rtacc, CA 92317
Shc'd P73i. ".
909 -022 A990P 909422 OO4IF
CA d894157
25E -18
Firin and Personnel Experience
Houston & Hards PCS, Inc. was established in June _88„..4Ciginally as a partnership,
incorporating In 2002, for the purpose of providing quality video pipe inspection and hydro -
washing of sewer, storm drain and water lines to private contractors, engineering firms,
municipalities and other government agencies
ell
With the overwhelming growth for the need of our services we have taken the initiative to
become knowledgeable and up -to -date on the latest technology available, as well as
maintaining our staff and our fleet size. Due to the rapid changes in the video Industry we
pit have developed an Information Technology Department to accommodate the numerous
deliverable options available. This depaartme `is °also capable of developing customized
data collection programs specific to clients' need. The IT Department has certified
professionals with the ability to communicate with clients on all levels of computer
p knowledge.
We use only high - resolution 3 -lux color cameras to do all our video inspections. All cameras
have the ability to pan and tilt wlth a 380 - degree view of the pipe. We also have a zoorn
option, which will highlight small defects. This zoom option will also allow us to view down
the pipe If we need to see beyond debris that has impeded the progress of the immediate
line. We have added the LSD Nova Star cameras which provide higher levels of picture
quality and Improved reliability with low heat output. Each video unit is equipped with both
>W
a Nova Star camera and a conventional Omni II or III mainline camera.
All of our operators are familiar with industry standards for inspection of all types of new and
existing underground conduit as well as being NASSCO certified. Sanitary sewers, storm
drains and water lines are all within our area of expertise. Defect codes and observations
are based on the needs of our industry to reflect the most comprehensive and detailed
Oity of Santa Ana Bid 413 -020
yy Olosed Grcult ieluVj5(- I,i6CTV) lnspaotlonof 5anirary SOwors
p-� ❑� 21831 Galion Road
�,,yy
y 4,yd it Grand Terace, CA 92313
r��''i�al��r 909�1229440P 909A22OOA7F
— :^'e+ ^1 CA 408,1157
Wss°
25E -19
Firm and Personnel Experience
report, meeting the requirements of WDR, NPDES and municipal regulations. These reports
can be modified to fit the specific needs of every client. In addition to marking defects,
operators have been trained to read onsite plans to identify material type, pipe size, as well
as, the type of structure they are entering with the camera equipment.
With 25 years' experience In the field of CCTV inspection, we have modified our equipment
to ensure the most efficient level of production, in conjunction with the highest quality
standards. Both wheel and tractor crawlers are utilized to maximize the efficiency of pipe
ranging in size from 6 -24 inches in diameter. Storm drain tractors are available to handle
large diameter lines from 24 -120 Inches. The storm drain tractor also offers advantages of
rM maneuverability to handle pipe containing debris or sharp radii that conventional equipment
cannot handle. For high flow, large diameter lines that need a maintenance inspection,
custom float boats are available, eliminating the need for a costly bypass,
We are always exploring ways to offer our clients more efficient CCTV Inspections, Quality
and production have always been our goals and maintaining the newest technology requires
a specialized technician who understands the complexities of setup, operation and design
of new generation cameras. As such, we have added this technician to perform repairs
eliminating costly downtime. In addition we are able to modify internal settings orfailed parts
keeping cameras functioning longer and with improved capabilities. Picture settings,
modified lighting for large diameter pipelines, improved distance with higher output settings
are just a few of the modifications performed in-house. More work and better quality equates
to cost savings and accurate assessments.
Houston & Harris PCS, Inc. uses Vactor 2100 Series combination cleaning vehicles for all
our debris removal projects. Vector units have both 9 and 12 yard debris tanks along with
ra
Positive Displacement blowers. All combination vehicles have the capabilities of BO GPM
M 2500 PSI. Units can be equipped with specialized nozzles, chain flails, root saws, and flex
City Of sans And Old M-029
e' .y' Cloeed Clrcult TaNyis !on (CCTV) I119pedlon of 5anitapt5¢vm15
-
21831 Gallon Road
Gmntl i¢rrace CA 92717
4�^ii
' 909-1 „2 -8990P 999- 122 08 4 1F
CA 1198116?
25E
-20
-F
I L
,
A�
Firm and Personnel Experience
hose for remote access or hydro-excavation attachments to handle any situation, which the
client might require, For projects with environmental issues, portable storage bins can be
utilized to remove all debris from the location and be disposed of in approved dumping
facilities.
Utilizing the latest CIPP technology, we can now provide point repairs. Houston & Harris
PCS, Inc. offers products to eliminate I & I problem lines as well as eradicate root intrusion.
Problem laterals can be repaired with the new lateral sleeve covering both the mainline and
lateral connection point.
Our updated Triad 2310 line locator with 116KHZ and 512KHZ sondes, allows us to find
both metallic and non-metallic lines. This state of the art device displays both location and
depth, making problem buried manholes easy to locate and raise to comply with the new
WUR requirements.
Houston & Harris PGS, Inc, can also supply cities with a complete WDR program from start
to finish; beginning with a detailed, fully digital CCTV assessment, to assembling a team
which offers GIS mapping, industry software to merge field data, as well as SSO reporting
Protocol, If a completely out- sourced program is desired, we can put you in touch with an
experienced engineering firm for a total SSMP.
Houston & Harris remains committed to the continued high quality service provided for the
public works industry.
clef a Santo Ana Rid #11020
Closed Circuit Television 2 CC TV) Insfan Ctian of Sanilarf Sewers
21081 Barton Road
00
l2rl
Grand Terrace, CA 92717
#] qA✓l� 9422 -8990 P 909 422 -0841 F
.µ4i +" CA #084107
25E -21
as
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25E-22
NV
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25E-23
Firm and Personnel Experience - Key Personnel
Larry Flotiston, Operations/Project Manager, 1902 to present
• Contractor ALicensed • .ASSGO, Certified - --,.-
• Oversees Field Operations Certified in Confined Space Entry
• Site Reconnaissance • CPR/FlrstAld
• Liaison on municipal contracts Temporary Traffic Control Certified
• Certified Hazwoper Vactor & Video Operator
Sergio Mora, QC 11TManager, 2002 to present
• ITT Graduate - Electronics and
Computer Science
• nSSCO.CartNed
A+ Certified
• Ongoing Contract Data Base I
Deliverable Conversions
Administration
Elizabeth Butler, 2002 to present
Ongoing training of company
operators on using Wincan v.8,
Windows XP, ongoing training of
operators on defect codes.
• Office Manager, Estimating & Contract Administration
Shivon Constantine, 2002 to present
Prevailing Wage Payroll Administration
CI•j o15,tnta Ann Bid #1 3-020
Closefl Clruu It Txlovivon (CCN) luspealion Of 6wulary sown,"
y. ,pr
JR 4i o. y
21 Y31 Barton Roud
Crand Tettacq CA 92917
p`� °�'<"
YflY+I'2 ?d990P 809.12id0�tlr
&A 688,1107
25E -24
Firm and Personnel Experience - Key Personnel
Frank Tellez, Senior CCTV & Vactor Operator, 2001 to present
• Vactor Operator . Certified Hazwoper
• Video Operator • CPR /First Aid
is Field Supervisor • _NASSCO Certified
• Certired in Confined Space Entry • Temporary Traffic Control Certified
AngelOrnelas, CCTV Operator, 2002 to present
is Video Operator
• Vactor Operator Trainee
• Certified in Confined Space entry
• CPR /First Aid
Nq$SC.oLertifipcl_ -
• Temporary Traffic Control Certified
Brad Houston, CCTV Operator, 2007 to present
• Video Operator
• Certified In Confined Space Entry
• CPR/First Aid
• CIPP Installer
• NASSCO Certified
• Temporary Traffic Control Certified
Rosendo Rivera, Vactor Operator, 2002 to present
• Vactor Operator • CPR /First Aid
• Certified in Confined Space Entry . Temporary Traffic Control Certified
Alex Leandro, Vactor Operator, 2004 to present
• Vactor Operator
• Certified in Confined Space Entry
City Of bonlo Ana Bid A11-020
Ci.'M Ctrcult T,J,, ion 1CC Vj inspsction or Sanitary S.w¢ra
• CPR/First Aid
Temporary Traffic Control Certified
q 21831 Barton Road
(l y,
� U Tom Grind Nita,., CA 0U13
.ii3'! s} 909422.8990 F 9054224841 F
CA399410
25E -25
Firm and Personnel Experience - Key Personnel
Juan Maehain, Vactor Operator, 2005 to present
Vector Operator CPR /First Aid
Certified in Confined Space Entry Temporary Traffic Control Certified
Juan Chavez, Vactor Operator, 2006 to present
v"1 • Vector Operator • CPR/FirstAid
I • Certified in Confined Space Entry • Temporary Traffic Control Certified
PIN-
Jerry Zamorano, 2010 to present
• Laborer
CCTV Trainees
• NASSCO Certified
�h
Jeremiah Avila, 2010 to present
• Laborer
* . CCTV Trainees
. NASSCO Certified
Jack Wickman, 2005 to present
. RSTTrained
. FCC Licensed Broadcast Engineer
. Research & Development
7 airy of sama Am Wit 013.020
tllated Cirenil Telavisi•n (CCN) Ihapettipn of Sanllnry 5n1ro11
J
• Certified in Confined Space Entry
• Temporary Traffic Control Certified
• CPR /First Aid
• Certified in Confined Space Entry
• Temporary Traffic Control Certified
• CPR /First Aid
• Camera /Video Equipment Repair
Technician
21571 Burton Road
�•� z py°„�r a„iJg G,, nd ratite, CA 9200
3i 909422.0990 R 909422 -0041 F
GA M4I61
ir1
25E -26
lznplementation Plan
Cleaning Operation
Houston & Harris PCS Inc. uses Vector 2100 series combination cleaning units. Eighty
gallon per minute water pumps and high output positive displacement blowers remove all
levels of debris. Each truck is equipped with a variety of cleaning nozzles as well as chain
,911!�% flails and warthog rotating nozzles to remove roots, and heavy deposits. Crews have been
K trained to use the proper nozzle for any situation they may encounter, be it normal sewer
grit, roots, grease or mineral deposits. We also have root saws and milling tools to remove
large roots, protruding taps, etc, when encountered.
The cleaning operation follows the same methodology as the CCTV portion. Beginning at
the top of each area and continuing downstream until completion of all the line segments.
Hydro washing crews work closely with the CCTV. gpe,r „ „atoXS, to ,ensurer.the- cleaning
_...
operation is accomplishing our goals of providing the proper environment for the camera to
clearly document all defects, laterals and manholes in the inspection area. All vehicles and
operators are linked via phones /radios for rapid communication as well as trained to work
closely while simultaneously performing their specific tasks. A cleaning log is generated to
better aid with ongoing operation and maintenance services.
Utilizing the combination units is advantageous for working quickly through a system to
remove debris as it builds up and not just push it down the line or rely on traps which can
often let debris pass through. By removing debris from the system directly into the debris
(try tank, potential spills from contaminated water or solids are eliminated.
In order to provide maximum efficiency, Houston and Harris coordinates cleaning and video
services. Maps are reviewed regularly by both the cleaning and video operators.
Coordination of tasks such as, manhole locations, safety and traffic needs, as well as, debris
and flow are regularly communicated across both services by the operators.
25E -27
CRY a1 Santa Ana Sid *11 020
Clasa4 Ciraalt 7oiovisw (CCTV) Inspxlloo of Sanitary Sawars
p� x� ,qy��p4��yy
USTON
21831 Barton Road
Grand Tara..
CA 92917
909 -122 -8990 P 705 - 42z -09n1 r
R)
CA 9984187
25E -27
a
PI
After reviewing them a ps to determine the start location, the opeiatorwilI fill the Vector tank 1
with water utilizing the water meter obtained and secured by Houston & Harris as prescribed"
in the specifications for hydro - flushing purposes. This procedure will occur throughout the
day. The operator then assesses manhole locations ensuring the safest position of the
vehicle prior to setting up to begin the washing process. Included in this set -up procedure
3 are assurances of traffic cones around work area and equipment as well as the use of gas
detector meter readings indicating safe removal of manhole lids. Traffic control will be
provided per Work Area Traffic Control Handbook when necessary.
p
Once the location is deemed safe, the manhole lid is removed. The appropriate cleaning 1
nozzle for the task is chosen and attached to the Vector hose. The operator starts on the
downstream manhole and runs [tie nozzle to the upstream manhole to hydra -flush the line
k as the hose is pulled back. When heavy debris is encountered, a vacuum process is also
applied to the line. Houston and Harris operators have utilized the vacuum process, along
with the hydro - flushing to provide the most effective combination of resources for success
in heavy debris.
After the hydro-flushing y g process is complete, the operator replaces the manhole cover back
an the manhole and safely moves to the next location. Documentation is validated by the
operator recording- all the required information on the tablet PC withtnfraMAP software'
supplied by the City.
Houston and Harris personnel possess experience and have demonstrated proficiency in
the infraMAP software. This experience and expertise will provide the maximum capacity
for smooth systems and coordination with the city's infrastructure.
61hf of 9an(a An., 0id 413 020
Cloyed Cimvll Te(evl9lan (CCTV) Inspamlan of "nitir, seW '.
. ...... ......
- -- 219918ulon Road
Orend l'nrmeq CA 92713
p y+, ggg+�n xx.+ 904 t2E ll99PP 905.4n,0141P
CA U991167
a
25E -28
f�-
1�
y
r
Implementation Plan
This process is repeated for each line segment.
Vacuumed material remains in the debris tank until properly disposed, per Orange County
Sanitation District requirements. Although conditions of the sanitary sewer systems may
vary, and impact daily production, the typical production ranges for pre - Inspection cleaning
are 3,500LF to 5,500LF per 8 hour work day.
Video Inspection Operations
The video inspection begins at the upstream portion of the designated start location working
downstream systematically providing a complete and accurate assessment of each line
segment. This assures accurate, completed sections prior to moving to the next location
thus eliminating the possibility of skipped or missed runs. Whenever necassana reverse
set up is attempted prior to passing to the next section. The field supervisor will survey the
inspection area during daytime hours, the day prior to reassure all manholes are marked
and accessible.
Houston and Harris personnel possess experience and have demonstrated proficiency in
the 1nfmfv1AP s9,9Ware. This experience and expertise will provide the maximum capacity
for smooth systems and coordination with the city's infrastructure,
All operators are NASSCO /PACP /MRCP certified and receive additional training and
refresher exams in the operation and consistent recording practices required at Houston &
Harris. Each line is approached with the same methodology and accuracy, Picture quality
and digital video are standards that must pass through a thorough Inspection in our CC
Department. Every line segment is examined for quality, accuracy and completeness prior
to the client receiving the finished product.
City or Santa Ana Sid 913.020
01o$ad CImUl1 To Iavision (CC TV) In op ad of Son Rat, SaWOn
q.d OJ1Y
21831 saurian Road
Grand Tornce, CA 92713
909- 92b8990P 909 422 O9 -01 F
CAA MOST
25E -29
Implementation Flag
In order to provide maximum efficiency, Houston and Harris coordinates cleaning and
video services. Maps are reviewed regularly by both the cleaning and video operators.
WA Coordination of tasks such as, manhole locations, safety and traffic needs, as well as,
debris and flow are regularly communicated across both services by the operators.
The following procedures will be followed on a daily basis:
After reviewing the maps to determine the start location, the operator assesses manhole
"i locations to ensure the safest positioning of the vehicle, and sets -up to begin the video
process. Traffic control will be provided per Work Area Traffic Control Handbook when
necessary. Included In set -up procedures are assurances of traffic cones around work area
and equipment and use of gas detector meter readings indicating safe removal of manhole
lids. Once the location is deemed safe, the manhole lid is removed.
The operator enters necessary line identification information including, manhole number;
line ID number, and pipe material & size Into data base. The camera is then placed on the
" ground next to the open manhole. Using the camera view, the operator records the visual
inspection of the rungs, the cone and shaft, in- coming and out -going lines to assess
condition The operator lowers the camera into the channel to record and view the invert of
the pipe.
Once the invert view is recorded, the video equipment is set -up for inspection of the line.
The operator's voice is recorded reading the video overlay. The operator controls the camera
» in the line to video all views and is responsible for proper camera height and lighting, pipe
defects such as, breaks, cracks, off -set joints, roots, grease, infiltration and ex- filtration are
noted in audio and through data entry. Defects are archived as Jpeg files. Other
observations such as service connections, break -in connections and protruding taps are
' also noted.
Clly of Santa Ana aid 411.029
Closed ClIcult TeieVi910n l m) inspection er sanitary sewer%
- -- �7ggyqp�.p2189 I Barton Road
Grand Terrace, CA 92117
909-122-3990N 9094220B ti
CA 199!197
L+�
25E -30
t4
9
I
Video van units are equipped with backup cameras as well as replacement parts along with
trained, qualified individuals who are able to make minor field repairs, eliminating costly
downtime. Production levels vary between 2,800LF and 4,OOQOLF,Qf pipp.nper 8 -hour day.
These numbers are based on normal field conditions. Excessive debris and or numerous
remote setups encountered in the field may cause these numbers to decrease.
Manhole Inspection
Effective manhole inspection and rehabilitation is necessary to remove excessive manhole
infiltration and inflow, improve manhole structural integrity, address public safety related
issues, and implement general system maintenance needs. Houston and Harris will provide
expertise and services for implementing successful manhole inspection. Various inspection
techniques and procedures for analysis, design, and construction exist. Houston and Harris
personnel utilize the NASSCO Manhole Assessment Certification Program (MACP), and are
MACP Level 1 certified, Through inspections, system n'anaCM; cotlditlons will be Identified,
system maps will be updated, and pipeline maintenance needs will be evaluated. Reports,
utilizing valid MACP defect codes will be provided to city personnel as requested. Houston
and Harris personnel are capable, experienced and professional. Adequate staffing levels
will be maintained to ensure timelines and established schedules are met.
Quality Control /Data Conversion
All recordings are stored on a removable, digital hard drive which consists of videos, Jpegs
and a Microsoft Access database for the inspected work and are delivered to the Houston &
Harris Quality Control Department daily,
City of Santa Ana Bid Al2.020
Cl.'ad C1'mt Talbvinion(CM) Inpnl.don of SanNiq samrs
o=il i-On
21871 Barton Road
trend Torma, CA 92111
009 -122 8990P 909.422J1941F
CA 43R
25E -31
Implementation Plan
i
r Every line inspected is checked for quality, accuracy and confirms all contract requirements
are met.
i
Data inserted in the database is checked for accuracy, compared to the City's Map and to j
AeA an Excel Spreadsheet, supplied by the City, which includes all line segments for the entire
sewer system. During this process we check the awash logs ensuring they match the sewer
lines inspected that particular day. Once all data is verified to be correct the QC process
begins.
Our QC tech views each video in its entirety first checking for proper lighting and centering
of the camera. The video must have a clear picture, free of any kind of distortion or
interferences and the audio must be clear and concise. Every line must also begin with a
view of the open manhole proceeding uninterrupted in the downstream direction with the
insertion of the camera into the manhole.
All sewer lines are inspected using NASSCO's standard coding system. During the QC
° process all lines are checked for the proper logging of each defect. All defects must be
accurately coded using the proper NASSCO code, o -clock position(s) and footage. The
inspection shall include location of all laterals, cracks, roots, deposits, infiltration, ex- filtratlon
and other conditions pertaining to the sewer line. If during the QC process the line is deemed
to be unsatisfactory, the line is rejected and re- Inspected. Aft-or the lines have passed the
QC process they are saved on multiple hard drives ensuring nothing is lost if the working
hard drive should fail.
Once this step is complete all lute segments are logged on an Excel Spreadsheet. This
spreadsheet shows progress of our current task and includes important information, we feel
the City should be aware of; including RVP information, Red Flags, etc. Any lines having
city of Santa Aria aid 917-020
Clasod CUCUIt Yalemsion �CG'Nj L+apnclian of 6wWry Sawors
t-z .— - sy 21831 Barton Roaa
H✓,/h� Grand Terrace, CA 92717
ARRIS .. - gog.12289Sa P 9o9422 mU t F
25E -32
;° major defects or need immediate attention from the City will be forwarded to the proper
04 personnel as a Red _.._ p
The deliverables process consists of four steps. The first step requires breaking down the
current task into folders with unique database numbers provided by the City. Each folder will
contain videos, Jpegs, and MS Database & PDF reports. The second step involves checking
the database for blank gaps or unnecessary information. This ensures a smooth transition
ti when merging the data into the City's system. The third step consists of printing the hard
copy report along with a PACP summary report for each line segment. This PACP summary
report will show all lines in need of immediate attention. Every line segment will be
categorized with a rating from 0.5. The line segments needing immediate attention will have
a rating of 5 and will be placed at the top of the report for quick viewing. During this process
a
the PDF reports are generated using Adobe Acrobat. The final step entails converting the
original Mpegl videos into the City's standard WMV video, The video size will be reduced
to about 50% of the original size while still providing a high quality video. After the completion
of this step all data will be put on a standard JSB 3.0 hard drive and delivered to the City for
review.
During the delivery process Houston & Harris will work with the City of Santa Ana and /or
infraMAP to ensure a smooth transition between the Microsoft Access Database and the
City's Sewer Management Program.
`
�3
Cite cl Sanla Aoa Old 9I3-92o
Closed Cireult Telnvbien {CC Nllnvpectlon of Sanllary Savers
21831 Barton Road
1yq� grul'y Grand Terrace, CA 9280
37,3,.`"
90"2M9911 P 909422 -0841 p
CAM884187
25E -33
ZVI
Project Timeline
All applicable line segments will be cleaned and videoed, per the enclosed work plan. The
anticipated linear feet (LF) of line segment completed for both cleaning and video per 8-
hour day is approximately 3,0001-F— 3,200LF. The proposal estimates approximately
300,000 LF of line segment for the entire project.
p4�
PROJECT TIMELINE
Hydro wash based on U00.7,200LF per day - r- ''�,.a r 10:'
Video Inspection based an 3,000�3,200LF per day
�V
Manhole Irsaac60n based on 38 per day ..-
i
"VJ
Y
rd...�.
`y
0 20 40 80 80 100 1.20
� pro;: c! linglm'y �__ =5 ° ^; on A.hat1! :rerkday5
pty of Sente Antl But *11A ^_0
Closed Circuit TetdYISton [CCTV) ln3peC110n of onnitary Sevrers
21331 Barton Road
Grand Tabnne, CA 92117
9094229990 P 9094 ?2,08It F
CA x98-1 157
25E -34
EXIFUBITB
CONTRACTOR'S FEE SCHEDULE
l5
25E-35
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: Houston & Harris PC$, Inc.
REQUIREMENT
The undersigned declaros 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 {I Bid Item Unit Quantity Unit Price Amount
1. Sewer Main Hydro Washing LF 300,000 $ 0.305 91,500.00
(Cleaning)
2. Sewer Main CCTV Inspection LF 300,000 $ 0,395 $ 116,500.00
3. Sewer Main Data Processing
LF
300,000
$ 0.11
$_33000.00
4. Sewer Manhole CCTV Inspection
EA
1,000
$ 52.50
$ 52,500.00
5. Sewer Manhole Data Processing
EA
1,000
$ 2.80
$ 2,600.00
6. Hydro -wash (Cleaning) Truck — (Per
HR
1,000
$ 244.00
$ 244,000.00
section VI, J. hydro wash unit rate
multiplied by 800
$
$
30
25E -36
City of Santa Ana, PWA
RFP — Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains
Item # Bid Item Unit Quantit Unit Price Amount
7. CCTV (Video) Inspection Truck — HR 1,000 $ 158.00 $ 158,000.00
(Per section VI, J. CCTV Inspection
truck rate multiplied by 400
TOTAL $ 700,300A0
Houston & Harris PCS, [no 909422 -8990 Fax: 90OA22 -0641
LEGAL NAME OF COMPANY
PHONE AND FAX NUMBERS
21831 Barton Road, Grand Terrace, CA 92313
—
BUSINESS ADDRESS
Pamela Houston
President
PRINTED NAME OF AUTHORIZED AGENT
TITLE
May 30, 2013 phouston@houstonandharris.com
SIGNATURE OF AUTHORIZED AGENT
DATE E -MAIL ADDRESS
460496452 864167
FEDERAL ID NUMBER (IF APPLICABLE} CONTRACTOR LICENSE NUMBER (IF
APPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DON OT CONTAIN THIS FORM WILL BE CONSIDERED
NONRESPONSIVE,
31
25E -37
25E -38
REQUEST FOR
COUNCIL ACTION
w�
CITY COUNCIL MEETING DATE:
JULY 15, 2013
TITLE:
AGREEMENT WITH HOUSTON & HARRIS
PCS, INC., FOR CLOSED CIRCUIT
TELEVISION INSPECTI OF SANITARY
SEWER SERVICES ,
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2 I Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Houston & Harris
PCS, Inc., subject to non - substantive changes approved by the City Manager and City Attorney, to
provide closed circuit television inspection of sanitary sewer services, in an amount not to exceed
$400,000.
DISCUSSION
Santa Ana's sanitary sewer collection system is comprised of 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 used to assess the condition of sewer mains and
sewer manholes, and to identify infrastructure system deficiencies. In the past, the City has used
consulting firms to provide CCTV inspection of sanitary sewer facilities. The proposed contract for
sewer CCTV inspection will provide for inspection of approximately 71 miles of pipeline (18 percent of
the system). The project budget is set at $400,000.
A Request for Proposals for CCTV inspection of sanitary sewer services was advertised and sent to
six firms. Five proposals were received and evaluated by a five - member selection committee. Three
firms scored above the minimum acceptable score of 70. The sealed fee envelopes were opened
and analyzed for all firms with a score above 70. Listed below are the responding firms and their
respective scores.
Agreement with Houston & Harris PCS, Inc.
July 15, 2013
Page 2
Company Name
Location
Total Score ( %)
Proposal Fee
Houston & Harris PCS, Inc.
Grand Terrace
95
$298,30100
Innerline Engineering
Corona
90
$298,000.00
National Plant Services, Inc.
Long Beach
84
$318,500.00
Tunnelworks Services, Inc.
Whittier
64
Not Open
Nor -Cal Pipeline Services
Long Beach
49
Not Open
Houston & Harris PCS, Inc., was selected as the top -rated firm. Their proposal was complete and
includes all the work required to clean and inspect sewer mains and sewer manholes. Their work
includes traffic control, diversion of sewage flow where needed, root cutting where required, disposal
of sewage - cleaning waste, and data processing to provide and meet the City's requirements.
The bid pricing was based on cost per linear feet of sewer (300,000), and per manhole (1,000)
inspection. Based on the bids received, staff anticipates an additional 80,000 linear feet of sewer and
600 manhole inspections will be completed within the $400,000 budgeted for this project. Staff
recommends that Houston & Harris PCS, Inc., be retained for this project. This firm is well qualified
and reputable, and possesses vast experience on similar types of projects.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Sanitary Sewer Service Fund (Account No. 05617640- 62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
r r--
Raul Godinez II, P Francisco Gutierrez }�
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
RG /NS
Exhibit: 1. Contract Agreement
25E -40
INSURANCE NUT ON TILE A- 2013.110
ORKMAY (1`J.' PROCEED
CLERK OF COUNCIL
DATE: u 15 2ar3
SFaRVICE AGREEMENT
THIS AGREEMENT made and entered into this 15'h day of July, 2013 by and between Houston -
Harris PCS, Inc., a California corporation (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
e A., The City desires to retain a contractor having special skill and knowledge in the field of cleaning,
/1 inspecting and video- taping sanitary sewer mains.
r�
B. Contractor represents that it is able and willing to provide such services to the City.
C. Iii 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 consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the patties agree as follows:
SCOPE OF SERVICES
Contractor shall perform those services as set forth in City's Request for Proposal if 1.3 -020 for
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers, attached hereto as Exhibit A,, and
Contractor's Proposal dated May 30, 2013, attached as Exhibit A -1, All Exhibits shall be incorporated to
this Agreement by this reference.
2. DELIVERY OF WORK PRODIJCT - OWNERSHIP
Contractor warrants and represents that it has the absolute right to enter into and perform this
Agreement and will perform its obligations hereunder in accordance with standards and practices
prevailing in the industry. Contractor's contribution to the Project, including works to be produced by
Contractor hereunder, will not infringe or misappropriate the proprietary or personal rights of any third
person or patty. Contractor shall deliver to City any work product which results from the services
provided. Said work product shall be submitted in hard copy and produced in a form compatible with
City's information systems, as agreed between the, Project Manager and Contractor.
3. COMPENSATION'
a, City agrees to pay and contractor agrees to accept as total payment for its services, the rates and
charges set forth in Contractor's fee schedule, attached hereto as Exhibit B and incorporated by reference.
The amount to be expended for services shall not exceed Pour Hundred Thousand Dollars ($400,000.00)
annually during the term of this agreement.
b, Invoices
1, The contractor shall submit a numthly invoice by the fifteenth of the month to the City for
the services rendered in the prior month.
25E -41
2, All invoices for work performed under this contract shall be submitted it, 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
iii. City project number and /or name (if applicable)
iv. Work site address /locatlou (if applicable)
v. Unit cost, subtotals and total for invoice
c. 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,
d. 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 index 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.
e. Extra Work
No now 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.
4. TERM
This Agreement shall commence on the date first written above and terminate on June 30, 2014,
unless terminated earlier in accordance with Section 14, below. This Agreement may be renewed for up
to three additional one -year periods upon the written agreement of the parties. The tern of this
Agreement may be extended upon a writing executed by the Executive Director of Public Works and the
City Attorney,
5. CITY OBLIGATIONS
City shall provide Contractor with all records in the possession of City which will be of assistance
to Contractor in the performance of this Agreement,
6. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement 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 professional mannor in which Contractor performs the services which are
the subject matter of this Agreement; 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.
25E -42
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Cornrnamial 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 injury, including death resulting therefrom 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 injury, including death resulting therefrom, and
property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate, Such
insurance shall be endorsed to (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 insureds
provisions,
b. 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.
c, Worker's Compensation Insurance, In accordance with the provisions of Section 3300 of the
Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for
worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work
under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with
limits not less than $1,000,000 per accident.
d. The follownng requirements apply to the insurance to be provided by Contractor pursuant to
this section:
(i) Contractor shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) 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,
e. 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 Agreement. Such
termination shall not effect 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.
R. INDEMNIMCATION
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
25E -43
and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every ]rind
and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any
manner relate (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. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the contractor.
9. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care, "Confidential Information" shall include all nonpublic information, Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Contractor disclosed in a publicly available source; (e) is in rightful
possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
10. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any mariner with performance of services specified under this
Agreement.
1.1. 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, or sent by telefacsimile or other telegraphic communication in the manner
provided in this Section, to the following persons;
To City; Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988'
Santa Ana, CA 92702 -1988
telefacsimile (714) 647 -6956
With courtesy copies to;
Public Works Agency
25E -44
aid
City of Santa Ana
220 S. Daisy Avenue, Bldg A (M -85)
Santa Ana, California 92703
telefacsimile (714) 647 -3345
Attn: Water Resources Manager
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
To Contractor: Houston- Harris PCS, Inc.
21831 Barton Road
Grand Terrace, California 92313
Attn: Pam Houston
A party may change its address by giving notice in writing to the other party. Thereafter, any
notice shall be addressed and transmitted to the new address, If sent by mail, any notice, tender, demand,
delivery, or other communication shall be effective or deemed to have been given three (3) days after it
has been deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by facsimile, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given twenty -four (24) hours after the time set
forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above, For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
12. EXCLUSMTY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event
of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement: shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Contractor. The parties agree that any terms or conditions
of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Contractor nor the City, Each party to this Agreement
aclmowledges that no reprowntations, inducements, promises or agreements, orally or otherwise, have
been made by any panty, or anyone acting on behalf of any party, which are not embodied herein,
13, ASSIGNMENT
Inasmuch as this Agreement 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 the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. 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,
25E -45
14, TERMINATION
The City reserves the right to terminate the contract as follows;
a. 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 care 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.
b. 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.
c. In addition to, or in lieu of, 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 City, 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 City
determines that contract services are performed as well and as frequently as required by this agreement.
15. 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.
16. EMPLOYMENT OPPORTUNITIIJS 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.
17. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations,
25E -46
18, JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement 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 Agreement,
19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies, Contractor shall notify the City immediately and in writing of her inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow 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.
N
N
25E -47
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
MARIA D, HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R, CARVALHO
City Attorney
al
BY; ca
Lamea Sheedy
Assistant City Attorney
RECOMMENDED FO PROVAL:
_ter .e
EDWIN "WILLIA �TVEZ
Interim Executive Director
Public Works Agency
CITY OF SANTA ANA
w
Manager
CONTRACTOR
HOUSTON - HARRIS P,C,S., INC.
/Ciyy &. Z
PAMELA D. HOUSTON
President
25E -48