HomeMy WebLinkAboutC-5345 - On-Call RSA for As-Needed Repair Services for Pipe ReliningON -CALL REPAIR SERVICES AGREEMENT
WITH SANCON ENGINEERING, INC.,
FOR AS- NEEDED REPAIR SERVICES FOR PIPE RELINING
THIS ON -CALL REPAIR SER GREMENT ( "Agreement ") is made and
entered into as of this day of Na e ,
'%t 201: ( "Effective Date "), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
rV� ( "City "), and SANCON ENGINEERING, INC., a California corporation ( "Contractor "),
whose principal place of business is 5841 Engineer Dr., Huntington Beach, CA 92649,
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. Pursuant to the authority conferred to City as a charter city under California
Constitution, Article XI, Section 5, the City hereby exempts this Project from the
payment of prevailing wages because the funds used to finance this Project are
local funds and this Project is a matter of local concern.
C. City desires to engage Contractor to perform on -calf repair services for as-
needed citywide pipe relining services ( "Project ").
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
f
The term of this Agreement shall commence on the Effective Date, and shall
terminate on November 30, 2014, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
21 City and Contractor acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference. Contractor shall provide "On- Call"
services as described in the Scope of Work attached hereto as Exhibit A and
incorporated herein by reference ( "Services" or "Work "). Upon written request from the
Project Administrator (as defined below in Section 6), Contractor shall provide a letter
proposal for Services requested by the City (hereinafter referred to as the "Letter
Proposal "). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City.
12 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice to the other party within two (2) calendar days of the occurrence of the
delay so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than two
(2) calendar days after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION
4.1 City shall pay Contractor for the Services on a time and expense not -to-
exceed basis, in accordance with the provisions of this Section and the Schedule of
Rates attached hereto as Exhibit B and incorporated herein by reference. No rate
changes shall be made during the term of this Agreement without the prior written
approval of the City. Contractor's total compensation for Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed
Seventy -Five Thousand Dollars and No /100 ($75,000.00) without written amendment
to the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name of the person
SANCON ENGINEERING, INC. Page 2
and /or classification of employee who performed the Work, a brief description of the
Services performed and /or the specific task from the Scope of Work attached hereto to
which it relates, the date the Services were performed, the number of hours spent on all
Work billed on an hourly basis, and a description of any reimbursable expenditures.
City shall pay Contractor no later than thirty (30) days after approval of the monthly
invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically approved in the Scope of Work and Schedule of Rates attached hereto.
Unless otherwise approved, such costs shall be limited and include nothing more than
the actual costs and /or other costs and /or payments specifically authorized in advance
in writing and incurred by Contractor in the performance of this Agreement.
4.4 Contractor shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means any work that is
determined by the Project Administrator to be necessary for the proper completion of
the Project, but which is not included within the Scope of Work and which the City and
Contractor did not reasonably anticipate would be necessary. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth
in Exhibit B.
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Ryan Helmuth to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
key personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants this it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
Jim Auger, Operations Support Superintendent, or designee shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or designee shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
7.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
SANCON ENGINEERING, INC. Page 3
T2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
7.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
7.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents; or acts of Cod, or the failure of City to furnish timely information or
to approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
8.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractors Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor,
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, 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 breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
SANCON ENGINEERING, INC. Page 4
8.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. 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.
8.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
8.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
8.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
9. INDEPENDENT CONTRACTOR
It is understood that City has retained Contractor as an independent contractor
and neither Contractor nor its employees are to be considered employees or agents of
the City. The manner and means of conducting the Work are under the control of
Contractor, except to the extent they are limited by statute, rule or regulation and the
express terms of this Agreement. No civil service status or other right of employment
shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed
to constitute approval for Contractor or any of Contractor's employees or agents, to be
the agents or employees of the City. Contractor shall have the responsibility for and
control over the means of performing the Work, provided that Contractor is in
compliance with the terms of this Agreement. Anything in this Agreement that may
appear to give City the right to direct Contractor as to the details of the performance of
the Work or to exercise a measure of control over Contractor shall mean only that
Contractor shall follow the desires of City with respect to the results of the Services.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with the Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
SANCON ENGINEERING, INC. Page 5
12. PROGRESS
Contractor is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and progress
of the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
13. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
14. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint- venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50 %) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any
obligation on the part of City to pay or to see to the payment of any monies due to any
such subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
16. OWNERSHIP OF DOCUMENTS
Each and every report, draft, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Contractor, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
SANCON ENGINEERING, INC. Page 6
any other party. Contractor shall, at Contractor's expense, provide such documents to
City upon prior written request.
17. CONFIDENTIALITY
All Documents, including drafts, notes and communications that result from the
Services in this Agreement, shall be kept confidential unless City expressly authorizes
in writing the release of information.
18. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such- records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
19. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
21. CONFLICTS OF INTEREST
211 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
21.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
SANCON ENGINEERING, INC. Page 7
City for any and all claims for damages resulting from Contractor's violation of this
Section.
22. NOTICES
22.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
to City by Contractor and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices,
demands, requests or approvals from Contractor to City shall be addressed to City at:
Attn: Jim Auger, Operations Support Superintendent
Municipal Operations Department
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 718 -3477
Fax: 949 -650 -0747
22.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Ryan Helmuth
SANCON ENGINEERING, INC.
5841 Engineer Dr.
Huntington Beach, CA 92649
Phone: 714 - 891 -2323
Fax: 714 - 891 -2524
23. NOTICE OF CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under the Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, the Contractor shall be required to file any
claim the Contractor may have against the City in strict conformance with the Tort
Claims Act (Govt. Code §§ 900 et seq.).
24. TERMINATION
24.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
SANCON ENGINEERING, INC. Page 8
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, the non - defaulting party may terminate the Agreement forthwith by giving
to the defaulting party written notice thereof.
24.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than thirty (30) calendar days prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all materials purchased and Documents created in
performance of this Agreement.
25. LABOR
25.1 Contractor shall conform with all applicable provisions of State and
Federal law including, but not limited to, applicable provisions of the Federal Fair Labor
Standards Act ( "FLSA ") (29 USCA § 201, et seq.).
25.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
25.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
25.4 To the fullest extent permitted by law, the Contractor shall indemnify,
defend, and hold harmless the City, its City Council, boards and commissions, officers,
agents, volunteers, and employees from loss or damage, including but not limited to
attorney's fees, and other costs of defense by reason of actual or alleged violations of
any applicable f=ederal, State and local labor laws or law, rules, and /or regulations. This
obligation shall survive the expiration and /or termination of the Agreement.
26. STANDARD PROVISIONS
26.1 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
26.2 Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
26.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
SANCON ENGINEERING, INC. Page 9
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal Contract or implied covenant shall be held to vary the provisions
herein.
26.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
26.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
26.6 Effect of Contractor's Execution. Execution of this Agreement by
Contractor is a representation that Contractor has visited the Project Site, has become
familiar with the local conditions under which the Work is to be performed, and has
taken into consideration these factors in submitting its Project proposal and Scope of
Work.
26.7 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
26.8 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
26.9 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
26.10 Severability. If any tern or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
26.11 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled. to attorney's fees.
26.12 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
SANCON ENGINEERING, INC. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 0119/1 14/! �-
By: s --
Aaron . Harp tv, 6 I _ I j
City Attorney
ATTEST:
Date: ) • I. 13
By: A6� 4,
Leilani I. Brown
City Clerk
L1L! Fob;
CITY OF NEWPORT BEACH,
a California n nici al corporation
Date:_ . O
By: _ X,�...� _.__...
Mark Hari -non
Municipal Operations Director
CONTRACTOR:
SANCON ENGINEERING, INC.,
a California corporation
Date: tktzol �z-
By:- �l-
Chuck Parsons
Vice President
Date:/Z-
n
Chris DiBenedetto
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Work
Exhibit B - Schedule of Rates
Exhibit C - Insurance Requirements
Al2-00762
SANCON ENGINEERING, INC. Page 11
EXHIBIT A
SCOPE OF WORK
SANCON ENGINEERING, INC. Page A -1
ATTACHMENT A: SCOPE OF SERVICES
instructions: initial the bottom of each page of the scope of Services in the space provided and remit as part of
yourproposol as Attachment A, acknowledging a demonstrated understanding of the Scope of Services.
1. SCOPE OF SERVICES: CONTRACTOR RESPONSIBILITIESjPROVISIONS
Contractor shall:
1.1 Furnish all labor, equipment, materials, and supervision to install Cured in Place Pipe
Lining (CIPP), as- needed, in the City's storm drains and sewer pipes.
1.2 Prior to CIPP installation, clean roots, silt, gravel and other debris from sewer line or
storm drain in a manner that does not flush rocks, sand, sludge, dirt, grease or other
solid or semi -solid material or debris into downstream sections of the sewer system, or
storm drains.
12.1 May include high pressure hydro - vacuum cleaning, hydro- jetting cleaning, hydro
excavation services, caring services, and similar related services.
1.3 Video inspect sewer, water and storm drainage pipes to determine the interior condition and
location of the pipeline with the use of a video camera or other special pipe Inspection
equipment.
1A Provide Video tape of pipe condition before and after the installation of CIPP in DVD- format to
the Project Administrator. The Video inspection is not a separate pay item and shall be included
in cost of the liner system.
1.5 Be responsible for the delivery, storage and handling of products.
1,6 Ensure that all work performed under this contract shall be performed in such a manner
as to provide maximum safety to the public and where applicable comply with all safety
standards required by CAL -OSHA. The City reserves the right to issue restraint, or cease
and desist orders to the Contractor when unsafe or harmful acts are observed or
reported relative to the performance under this contract. All contractor employees shall
have access to a W.A.T.C.H. (Work Area Traffic Control Handbook) at all times.
1.7 Maintain all work sites free of hazards to persons and /or property resulting from his /her
operations. Any hazardous condition noted by the Contractor, which is not a result of
his /her operations, shall be Immediately reported to the City.
1.8 Upon acceptance work, restore the project area affected by the operations to a
condition at least equal to that existing prior to the work, including the removal of all
debris. /'
Proposer initials:— �-Y--
City of NeWport Reads RFP No. 13 -7 Page 10
As- Needed Pipe thing services
1.4 Provide callback within twenty four hours after initial request from the City for pipe
lining services.
1.10 Upon verbal or written request from the Project Administrator, submit a letter proposal
for services requested by the City (hereinafter referred to as the "Letter Proposal'). The
Letter Proposal shall include the following:
1.10.1 A detailed description of the services to be provided;
1.10.2 The position of each person to be assigned to perform the services, and the
name of the individuals to be assigned, if available;
1.10.3 The estimated number of hours and cost to complete the services;
1.10.4 The time needed to finish the project; and
1.10.5 No services shall be provided until the Project Administrator has provided
written acceptance of the Letter. Proposal. Once authorized to proceed,
Contractor shall diligently perform the duties in the approved Proposal.
Proposerlmdals: 0
City of Newport Beach RFP No. 13 -7 Page 11
As- Needed Pipe Lining services
PROJECT TEAM
Project Team Organizational Chart
l�CO -
�ncon
l,6NEHENG WG
Key Personnel
Title: Vice President
Chuck Parsons
Project Director
Years with Firm: 16
Years as Vice President:4
Chuck Parsons has worked in the sewer rehabilitation field for the past
Years with other Firms:3
18 years. He is responsible for Sancon's large diameter pipeline and
Education: BS, ITE
tunnel rehabilitation projects, manhole rehabilitation work, short liners
and lateral lining.
Certification I Registration: CA
General Engineering Contractor
"
(Class A, B. C10) - 682352
11fie: Project Manager RyanHehnuth
Project Manager
Years with Firm:2 Ryan Helmuth has been with Sancon since 2010. Mr. Helmuth has
experience managing similar large scale pipeline improvement projects
Education: BS, Construction for local utility districts, municipalities and agencies.
Management
Mr. Helmuths's experience includes managing such projects as:
Citywide Sanitary Sewer System Repair & Rehabilitation Program
Phase II - City of Anaheim
Installed 8,000' of 8" & 15" CIPP - $222,976.00
�n INC.
®Y'm Organizational Information �����
Annual Lining of Existing Sewer Mains Project No. 1 -S -11 —City of
La Habra
Installed 27,000' of 8" & 10" CiPP - $1,001,296.00
Me: Foreman NoeGranados
Years vMh Firm : 16 Sancon Pipelining Foreman/Superintendent
Mr. Granados has been employed by Sancon since 1996. He has had
increasing responsibilities since his hire date and has been a job foreman
on countless pipe lining projects since Sancon began CIPP installations
in 1998. His knowledge and experience have proven to be invaluable in
our pipe lining projects, including many of our larger and more complex
projects. His supervisory experience encompasses well over one million
linear feet of trenchiess liners installed successfully and on schedule.
Capacity to Perform
Our capacity to perform the work for the City of Newport Beach is excellent at this time. Having recently
completed a majority of our construction backlog with other regional agencies, our management and
construction crews are energized and prepared to start another exciting project.
Sancon maintains dedicated teams, with senior level oversight employed at essential positions and
throughout the project. As mentioned, our team member firms have completed the bulk of our primary
project responsibilities and therefore have the available and appropriately experienced staff to commit for
the duration of this contract.
AISCGIN
ENGINEERING, ING
Organizational Information
i2EQ1JE"a"7 FOR PROPOSAL —AS- NEEDED PIPELiNI(VG SERVICES
Sancon Engineering has performed over a million linear feet of Sanitary Sewer and Storm Drain
Rehabilitation since its inception. The process begins by surveying the project through the use of the
proposed Project Foreman and the estimator, who upon award will become the acting Project Manager.
Surveying the jab consists of measuring each lining segment to confirm lengths for material order as well
as determining installation procedures and lengths, confirming manhole depths and flows, traffic and
business concerns, and checking access for installation purposes including any required bypass setups.
Sancon feels that this system alfocvs for better understanding of the project by both the project manager in
the office and the foreman in the field, for a seamless transition from scheduling to performance in the
field.
While most Pipe Lining Contractors utilize a Clean & CCTV contractor to clean and inspect the segments
prior to lining, Sancon's philosophy is that by self - performing this task using the project team results in
better risk management, better understanding of the required lining segment and bypass concerns, and a
quicker response on any required point repairs that may inhibit lining of the sewer. Cleaning will consist
of the removal of all roots, silt, gravel and other debris that may prevent a successful liner installation
through the utilization of high pressure hydro jetting equipment. Care will be taken to ensure that none of
the dislodged debris will enter the downstream sewer or storm drain system. Once cleaned, video
recorded with a specialized robotic camera system, and condition of the host pipe verified through PACP
trained technicians, material will be delivered and stored until installation at our Huntington Beach
facility.
After confirmation of sewer line lengths through CCTV work by the project team, Sancon performs the
CIPP wetout process at our facility in Huntington Beach, unlike most Pipe Lining Contractors who have
the product wetout and shipped from out of state. By doing this work at our own facility and using our
own forces, we ensure the best quality control possible, as well as the opportunity for City inspectors to
witness and verify the wetout process, including verification that the proper resin and felt thicknesses are
being used. Once the liner has completed the wetout process, it is ready for installation. Upon
completion of the CIPP liner installation, the ends of the CIPP liner are neatly trimmed and sealed to the
existing host pipe. The final step is performing of a post video inspection to confirm the reinstatement of
all late-rat connections and the successful installation of the liner.
For scheduling of larger projects, lines that are ready to install are overlaid with the initial survey
schedule and adjusted accordingly in regards to total installation lengths and service lateral reinstatements
required in order to create an efficient and effective project schedule, ensuring the project runs as smooth
as possible. This is assisted by efficient project management by completing any point repairs that are tied
to lining segments first in order to keep the project moving forward without contractors interfering with
other trades. At this point, point repairs and lining work can happen concurrently allowing the project to
finish as early as possible. If any segments are unable to be tined as determined by the pre-CCTV video
due to infiltration or a required point repair, or the Sancon project team feels there may be risk in lining a
particular segment, the City will be contacted immediately in order to review the video and either direct
Sancon how to proceed or present alternative technologies of which Sancon has several. This ensures the
City is aware at all times of the progress of the project, resulting in less risk for delay and that the City
receives the best product possible.a
All work performed under the contract will be performed by professionally trained, safety minded
technicians. All Sancon employees are confined space certified and regularly take part in Cal -OSHA
training seminars. In addition to personal and public safety around our project sites, vehicular traffic
Propose! - Methodology mM���
safety is also an upmost priority. Every Sancon vehicle carries a Work Area Traffic Control Handbook at
all times. Here at Sancon we pride ourselves in maintaining work sites as free of potential hazards, and
restoring jobsites to their pre -work condition in an effort to ensure a positive relationship and experience
between the City, the Public, and all parties involved.
Upon communication of required services from the City, Sancon will be able to effectively respond
within twenty -four bours providing a written Latter Proposal outlining our serAces to be provided,
personnel that will be assigned to the work, estimated durations and costs for the work, and the total
amount of time that the project will require.
Proposal- Mathodoiogy
EXHIBIT B
SCHEDULE OF BILLING RATES
SANCON ENGINEERING, INC. Page B -1
SCHEDULE OF BILLING RATES
Price per linear foot
Pipe Size 6 inch 12 inch 18 inch 24 inch
Footage
0 -100ft
101 -150 ft
151- 200 ft
201 -250ft
250 ft - greater
Hourly Rate
(includes cleaning and
CCNservices)
Mobilization
(per project)
Traffic Control
$ 165
$ 170
$ 250
$ 238
$70
$75
$105
$118
$ 55
$ 71
$ 82
$ 95
$52
$58
$69
$82
$ 48
$ 54
$ 65
$ 78
* The price does include cutting out laterals.
$ 450 ( (Crew of 3)
$ 1,500
$ 1,500 I Please clarify basis:
(daily, per project, etc)
EXHIBIT C
1. INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR
1.1 Provision of Insurance. Without limiting Contractor's indemnification of
City; and prior to commencement of Work, Contractor shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, officials, employees and agents.
1.3.2 General Liability Insurance. Contractor shall maintain commercial
general liability Insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate and two million dollars ($2,000,000) completed
operations aggregate. The policy shall cover liability arising from premises, operations,
products - completed operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in a business
contract) with no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
1.3.3 Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the Contractor arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit for each accident.
1.4 Other Insurance Requirements.
endorsed to contain, the following provisions:
The policies are to contain, or be
SANCON ENGINEERING, INC. Page C -1
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured. pursuant to•this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and voiunteers or
shall specifically allow Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subcontractors.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability (if required), shall provide or be endorsed to provide that City and
its officers, officials, employees, and agents shall be included as insureds under such
policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self - insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1,5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
contract. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of this Agreement to change the amounts and types of
insurance required by giving the Contractor ninety (90) days advance written notice of
such change. if such change results in substantial additional cost to the Contractor, the
City and Contractor may renegotiate Contractor's compensation.
1.53 Right to Review Subcontracts. Contractor agrees that upon
request, atl contracts with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of City to
request copies of such contracts will not impose any liability on City, or its employees.
1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
1.5.5 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
SANCON ENGINEERING, INC. Page C -2
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any.party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
9.5.6 Self- insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self - insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
1.5.7 City Remedies for Non Compliance If Contractor or any
subcontractor fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to. terminate this
agreement, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Contractor or reimbursed by Contractor upon
demand.
1.5.8 Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City.
1.5.9 Contractors Insurance.t Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the Work.
SANCON ENGINEERING, INC. Page C-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 12/18/12 Dept. /Contact Received From: Raymund
Date Completed: 12/18/12 Sent to: Raymund By: Renee
Company /Person required to have certificate: Sancon Engineering, Inc.
Type of contract:
GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 10/1/12 to 10/1/13
All Other
A. INSURANCE COMPANY: Travelers Indemnity Company of CT
B. AM BEST RATING (A-: VII or greater): A +; XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? Yes ❑ No
D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 / $2,000,000
E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation) ® Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes
❑ No
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes
❑ No
1, PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
IK Yes
❑ No
J. CAUTION? (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes
® No
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes
❑ No
L. NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE /EXPIRATION DATE: 10/1/12 to 10/1/13
A. INSURANCE COMPANY: Travelers Indemnity Company of CT
B. AM BEST RATING (A-: VII or greater) A +; XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? Z Yes ❑ No
D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? $11000,000
E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided ?) N/A
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only): ® N/A ❑ Yes ❑ No
G. HIRED AND NON -OWNED AUTO ONLY: ❑, N/A ❑ Yes ® No
H. NOTICE OF CANCELLATION: ❑ N/A M Yes ❑ No
DI VV0RKERS'CDMPENSAJ|0N
EFFECTIVE/EXPIRATION DATE: 10/1/12 to 10/1/13
A. INSURANCE COMPANY: Travelers
B. AkX BEST RATING (A-:V||nrgreato,): &+;%}/
C. ADMITTED Company (Must bo California /hdnittwd): 2Yes El No
D. WORKERS' COMPENSATION LIMIT: Statutory 0 Yes E]Nn
E. EMPLOYERS' LIABILITY LIMIT (Must he$1NYorgreater)
F WAIVER [>F SUBROGATION (To imn|ade):|oitIncluded? Z Yes FlNo
G. SIGNED YVORKERS'COMPENSAT|ON EXEMPTION FORM: M N/A El Yes F7Nn
H. NOTICE OFCANCELLATION: [l N/A Z Yes 0Nu
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
D/. PROFESSIONAL LIABILITY
\/ POLLUTION LIABILITY
\/ BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent uf/U|iurK Insurance Services
Broker of record for the City of Newport Beach
Date
RISK MANAGEMENT APPROVAL REQUIRED Mon-admhted carrier rated less than ;
Self Insured Retention or Deductible greater than $ El N/A 0 Yes D No
Reason for Risk Management app
Risk Management Date
* Subject to the terms of the contract.