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HomeMy WebLinkAboutC-5548 - Agreement for Sewer Video Inspection ServicesMAINTENANCE/REPAIR SERVICES AGREEMENT WITH HOUSTON & HARRIS PCS, INC. FOR SEWER VIDEO INSPECTION SERVICES THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 23rd day of July, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and HOUSTON & HARRIS PCS, INC., a California corporation ("Contractor"), whose address is 21831 Barton Road, Grand Terrace, CA 92313, 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. City desires to engage Contractor to perform sewer video inspection services for the City ("Project"), C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D, Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2023, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest industry standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 2.2 Contractor shall perform all Work required to be performed, 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. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 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 within two (2) calendar days of the occurrence causing the delay to the other party 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 herein, 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 TO CONTRACTOR 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 Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Seven Hundred Fifty Thousand Dollars ($750,000.00), without prior written amendment to the Agreement. 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Houston & Harris PCS, Inc. Page 2 Consumers (CPI-U)", for the Los Angeles -Riverside -Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed 2.5% of the Billing Rates in effect immediately preceding such adjustment. 4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services 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) calendar days after approval of the monthly invoice by City staff. 4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. 4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B. 5. PROJECT MANAGER 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 Larry Houston to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any 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 that 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. City's Utilities General Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall Houston & Harris PCS, Inc. Page 3 represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 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. 8.2 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. 8.3 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. 8.4 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, acts of God, 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. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 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. 9.2 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 Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. Houston & Harris PCS, Inc. Page 4 9.3 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, attorneys' 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). 9.4 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 attorneys' 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 Contractor. 9.5 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. 9.6 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. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of 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 expressed 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 City. Contractor shall have the responsibility for and control over the means of Houston & Harris PCS, Inc. Page 5 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. 11. 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 Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's 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. 13. PROGRESS Contractor is responsible for keeping the Project Administrator 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. 14. 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. 15. 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. 16. 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 Houston & Harris PCS, Inc. Page 6 omissions of any subcontractor. 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. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and 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. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, 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 any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, 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. 19. 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. 20. 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. Houston & Harris PCS, Inc. Page 7 21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 22. CONFLICTS OF INTEREST 22.1 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. 22.2 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 City for any and all claims for damages resulting from Contractor's violation of this Section. 23. NOTICES 23.1 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, 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. 23.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Utilities General Manager Municipal Operations Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 23.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Larry Houston Houston &Harris PCS, Inc. 21831 Barton Rd Grand Terrace, CA 92313 24. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this 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 Houston & Harris PCS, Inc. Page 8 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. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.), 25. TERMINATION 25.1 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 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, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 25.2 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 seven (7) 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 reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 26. LABOR 26.1 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.). 26.2 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. 26.3 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. 26.4 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 from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. Houston & Harris PCS, Inc. Page 9 27. STANDARD PROVISIONS 27.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 27.2 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. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 27.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 27.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 27.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 27.6 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. 27.7 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. 27.8 Severability. If any term 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. 27.9 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. 27.10 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. Houston & Harris PCS, Inc. Page 10 27.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneysfees. 27.12 Counterparts, This Agreement may be executed in two (2) 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] Houston & Harris PCS, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNE 'S OFFICE Date: 3 13 irBy: Aaron C. Harp3 City Attorney ATTEST: Date: 1, 4. 13 By: baft�4 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California mu icipal corporation Date: ��� 0i � Keith D. Curry Mayor CONTRACTOR: Houston & Harris PCS, Inc., a California corporation Date: July 15, 2013 Pamela Houston President/ Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Houston & Harris PCS, Inc. Page 12 EXHIBIT A SCOPE OF SERVICES OVERVIEW Sewer video inspections were previously handled by the City's Wastewater division. City staff conducts inspection services for the approximately 198 miles of sewer mains and laterals in the City. Sewer lines are typically vitrified clay pipe (VCP) and polyvinyl chloride (PVC), but also may also be made from cast iron, ductile iron and steel. They range in size from six (6) to twenty-one (21) inches in diameter, with some four (4) inch house laterals. Of these 198 miles, approximately 7.18 miles (37,894 linear feet) of sewer, are considered "repair" areas, which require annual inspection and assessment until they are repaired. Another 15.72 miles (82,986 linear feet) are areas considered to be "hot spots". These areas consist of lines which, due to preexisting conditions, require annual inspection and maintenance. The remaining lengths of pipe are inspected once over a period of ten (10) years. The Contractor is expected to take on the sewer video inspection services for the areas as mentioned above. It is important to note that the areas and lengths as stated above are not static. All areas are subject to change as a result of lines being repaired, areas being placed into hot spot or repair categories, etc. Maps are shown in Appendix B of the RFP on file with the Municipal Operations Department and contain further detail. The following is a list of the services that may be requested by the City during the term of the Agreement for sewer video inspection services. GENERAL REQUIREMENTS Contractor shall furnish all labor, materials, equipment, and incidentals necessary for the video inspection of various lengths and sizes of sanitary sewers located throughout the City of Newport Beach - as shown in the maps attached to the RFP as Appendix B. Contractor shall provide a minimum of a two -person crew at all times. For residential areas only, and provided Contractor can do it safely, City may allow single man crews. While not normally done, Contractor must also be capable of inspecting four (4) and six (6) inch house laterals, if necessary, and at the direction of the City. • The City shall provide the Contractor a digital set of maps and datasets for their use. The maps will show the locations of sewer pipe and manholes. Typical data in the datasets shall include pipe size, pipe material, pipe slope, manhole ID numbers, locations, and lateral locations. City shall provide updated maps and datasets as work progresses or as necessary. • Payment shall be made based on invoices reflecting the actual acceptable video recording of inspections. All attempts will be made to have sewers cleaned sufficiently by others for the Contractor's camera to pass through the pipe. Contractor shall perform the Houston & Harris PCS, Inc. Page A-1 inspection in the direction of flow, from upstream manhole to downstream manhole, when at all possible. • Reverse setups (i.e. resetting the inspection equipment to begin inspection from the opposite manhole due to obstruction, etc.,) shall be paid at the unit price per reverse setup. In the event that the camera encounters broken pipe, etc., and there is a possibility that continuation of the inspection could cause the camera to become stuck or result in additional pipe damage or collapse, it is the responsibility of the Contractor to discontinue the inspection. • Sewers with excessive debris prohibiting the camera to successfully inspect the pipe section shall be subject to a minimum set up fee as indicated in Contractor's Schedule of Billing Rates. CONTRACTOR REQUIREMENTS • Contractor must be qualified to perform the Work as noted in these specifications and have a minimum of five (5) years experience conducting video inspections of sewer lines. All sewer video operators shall be National Association of Sewer Service Companies (NASSCO) certified by passing the three (3) day Pipeline Assessment and Certification Program (PACP). The methodology of evaluation, data collection and reporting criteria used for the NASSCO certification shall be practiced for all sewer video inspection evaluations as specified in the Scope of Work. • Contractor must be able to communicate clearly, both verbally and in writing, with City staff. Contractor shall be fluent in the English language for Work direction and safety purposes and shall also demonstrate the capability to read, interpret, and understand the City's atlas drawings. All Work and equipment utilized shall conform to FED -OSHA and CAL -OSHA Title 8 requirements, including, but not limited to Work performed in confined spaces and/or gas hazardous environments. Contractor shall also comply with City safety requirements. • At the time of the award and until completion of Work, the Contractor shall possess a Business License issued by the City of Newport Beach, as well as any and all necessary permits and licenses necessary for the Scope of Work requested by the City. PERMITS AND ACCESS • Contractor shall acquire and pay all required fees and licenses for any encroachment permits required when inspections are necessary on other jurisdictions' right-of-ways. City will reimburse Contractor for permit fees only. For Pacific Coast Highway areas, Contractor may Work under the City's permit provided Work is done within the City's easement. Houston & Harris PCS, Inc. Page A-2 Access: For inspections where entry must be made onto homeowner's property, notice must be given for permission to enter property to both the City and the homeowner. Coordination of sewer inspection will be made through the Utilities Wastewater Supervisor or his/her designee at (949) 644-3415. The Supervisor shall be notified one week in advance of the Awarded Contractor's anticipated Work in the area. He will provide assistance with manhole access and make arrangements as needed for entry onto private property for the inspection of sewers in easements. WORK HOURS/SCHEDULING • Contractor shall develop an annual Work plan with assistance from the City. This plan shall describe the suggested areas and timeframes for Work to be performed. Contractor shall take into account all seasonal and holiday variations in population and traffic, and shall conduct Work so as to interfere as little as possible with public vehicular or pedestrian traffic. Work plans shall be discussed with, reviewed and approved by the City prior to commencement of annual Work. Contractor shall give notice to City for any variations or deviations from the annual Work plan. City reserves the right to request modifications to the annual Work plan should the need arise, • Contractor's normal Working hours shall be 7:00 a.m. to 4:30 p.m., Monday thru Friday. However, if Work outside normal hours is required because of excessive flow or busy traffic zones, special arrangements must be made by the Contractor so that no overtime is realized by the City. It is anticipated that inspections on lines with 12-inch and larger diameters may be performed at night. TRAFFIC CONTROL • All traffic control shall be in accordance with the latest Cal Trans Manual of Traffic Control. Additional local regulations shall have precedence. Contractor shall apply for all traffic control permits and pay all fees and permits for said permits. City shall reimburse Contractor for permit fees only. • Safe and adequate pedestrian and vehicular access shall be provided in accordance with Section 7-10 of the Standard Specifications for Public Works Construction (Green Book) and the Work Area Traffic Control Handbook (WATCH) in their most current editions, City will arrange for any complicated traffic control plans required and performed. NOTE - inadequate or improper signage and delineation for traffic control may be cause for cancellation of the Work and non-payment. NOISE REQUIREMENTS • Contractor shall follow any limits to Work hours and nighttime schedules if imposed upon by the City or other jurisdictional entity. Contractor shall provide Houston & Harris PCS, Inc. Page A-3 any and all necessary equipment to minimize noise in the residential neighborhoods. Contractor shall incorporate this factor into its unit costs and bids. CONFINED SPACE PROCEDURES The sewer video inspection shall be conducted from above ground. Manhole entry, if required, shall be conducted in strict accordance with permit required confined space entry regulations. These regulations include, as minimum, compliance with all state and federal OSHA requirements, as well as City safety requirements. These requirements include, but are not limited to: An entry permit, trained, authorized entrant(s), attendant(s), entry supervisor(s), full body harness (with life line), mechanical retrieval device, continued force air ventilation, continuous air monitoring, communication system (minimum two types), and all other protective equipment that may be required. Sewer video inspections shall be conducted in accordance with all Federal, State, and local laws and regulations. • All manholes in this Work are defined as Title 8 Permit Required Confined Spaces. The Contractor's attention is directed to the General Industry Safety Orders of the State of California, Article 108, Confined Spaces, Section 5157 (Title 8 of Califomia Code of Regulations, Sections 5167, 5157, 5158). Contractor shall attend a safety meeting at City prior to the commencement of Work for the purpose of reviewing the Contractor's safety manuals, the Contractors knowledge of Title 8, and to discuss all safety aspects of the job. Work shall only commence with the City's approval. EQUIPMENT Sewer video inspection equipment shall include video cameras, a video monitor, cables, power sources, and all equipment necessary to perform a sewer video inspection per the Scope of Work. A backup camera shall be available and on site at all times. Equipment shall be capable of recording reaches of up to 1,000 feet in one direction. • City shall provide the Contractor with a digital copy of the sewer atlas data for the inspection requested; in cases where a digital copy is unavailable, a Work order listing the line segments to be inspected, along with any necessary maps, may be provided, • The camera shall be specifically designed and constructed for video inspections in a sanitary sewer environment. The camera will be operative in 100 percent humidity conditions. The camera and video monitor shall produce a minimum 460 lines of resolution. Illumination sensitivity shall be 3 lux or less. During inspection, lighting intensity shall be adjusted to minimize reflective glare. Lighting and picture quality shall be adjusted to provide a clear, in -focus picture of the entire Houston & Harris PCS, Inc. Page A-4 periphery of the pipeline for all conditions encountered. Camera focal distance shall be adjustable through a range from 25mm (1-inch) to infinity. • At predetermined times during the contract period the camera shall be pointed at a simple television chart that proves the camera's lack of distortion, resolution and the ability to view colors accurately. This chart shall be provided by the City. The resulting test shall be recorded in high -quality digital video (MPEG1 or City - approved equivalent) format so that the recorded quality can be assessed. If the quality of the evaluation testing proves to be poor, the contractor shall repair or replace the equipment in order to deliver a high quality recording. • Sewer video inspections shall be performed using Pan -and -Tilt camera (with a minimum of 360x270-degree rotation) video system. Contractor shall have the capability to perform "Inclinometer" surveys if requested. • Manual winches, power winches, TV cable powered rewinds, or other devices that do not obstruct the camera view or interfere with proper documentation of the sewer conditions shall be used to move the camera through the sewer linens whenever non -remote powered and controlled winches are used to pull the television camera through the line, telephones, radios, or other suitable means of communication, will be set up between the two manholes of the section being inspected to ensure that adequate communications exist between the members of the crew. • Floatable camera equipment may be required for large diameter sewers with substantial flow. • Contractor shall have available a main line launched lateral evaluation inspection system similar to the Aries LETS System and the Cues LAMP system. This shall be a separate bid item only to be paid when in use for lateral inspections if and when requested by the City. • A color video recording in high -quality digital video (MPEG1 or City -approved equivalent) format will be made of the video inspection and submitted to the City's Project Administrator or his/her designee, along with the required Inspection Report and log sheets. Each file shall be labeled as detailed herein. The file shall also contain a still image of the noted defects in high -quality digital still (JPEG or City -approved equivalent) format at a total resolution of no less than three (3) and no greater than eight (8) megapixels. In addition, electronic files formatted for use in its Geographic Information Systems (GIS) database, will be submitted as detailed herein. PROCEDURE • The camera shall be lowered into the manhole and placed into the pipe. The camera cable shall be retracted to remove slack to ensure an accurate footage reading. The cable footage counter shall be reset to the distance between the centerline of the manhole and the front lens of the camera. The camera shall Houston & Harris PCS, Inc. Page A-5 move through the pipeline in a downstream direction whenever possible at a maximum uniform rate of 30 feet per minute for all VCP and PVC sewers. The cable footage -counter shall measure the distance between each inspection segment - centerline to centerline. The counter shall be accurate to less than 1- percent error over the measured distance. • The digital recording shall be paused by the operator at any time there is a pause in the inspection, and restart the digital video recording in the same digital file. The pause shall in no way affect, freeze, or interrupt the replay of the video and shall not close the video file during the inspection. Failure to pause the recording during delays will be cause for rejection of that file. • The camera shall stop at all significant observations to ensure a clear and focused view of the pipe condition. The camera's zoom feature may be required for a clear view of significant observations. Each observation shall be documented by text overlay on the video file and voice recording, with the exception of ongoing conditions such as hairline cracks and hair roots at most joints - in which case a general observation shall be documented. The observations shall also be noted on the inspection report with stationing referenced. These observations shall include but not be limited to: • Laterals - open or sealed (factory or tapped) • Laterals - protruding or defective • Cracks • Fractures • Offset joints • Open joints • Sags • Line deviations • Siphons • Missing sections • Infiltration • Debris • Grease • Roots Houston & Harris PCS, Inc. Page A-6 = Vermin • PVC liner or weld strip defects • Operator shall provide a 360-degree pan of all manholes including incoming laterals. • Camera lens shall be kept clear of condensation and debris. Recorded footage showing excessive steam, inadequate lighting, excessive glare, or other poor image quality will be cause for rejection and nonpayment by the City. • Recordings with excessive distortion or discoloration shall be rejected and subject to re -inspection of the rejected segment(s). • If during the inspection operation the Contractor encounters a condition where public safety is threatened (such as, but not limited to, a pipe hole, pipe collapse, stoppage, blockage and/or eminent sewer spill) the Contractor shall notify the City immediately. Furthermore, Contractor shall provide a digital copy of the section of line containing the condition within 24 hours to the City. If during the inspection operation the television camera cannot pass through the entire manhole section (obstruction, etc.), the Contractor will re -set up his equipment in a manner so that the inspection can be performed from the opposite manhole. Minimum set up fee shall apply. If, again the camera fails to pass through the entire section, the Contractor will notify City's representative(s) immediately for further instructions. • If during the inspection operation, the camera becomes jammed inside the sewer and cannot be retrieved, the Contractor shall not excavate the pipe to retrieve it. Contractor shall notify City immediately for assistance, but it remains the Contractor's responsibility to remove the camera and ensure that the sewer is not damaged. • Reverse Setup: Whenever non -remote powered and controlled winches are used to pull the television camera through the line, telephone, radios or other suitable means of communication shall be set up between the two manholes of the section being inspected to ensure that adequate communication exists between members of the crew. SEWER FLOW CONTROL • Depth of Flow: Recommended Maximum Depth of Flow for video inspection shall be 25 percent, unless otherwise specified by the City. • At low flow hours and after all possible flow diversions have been made, if the depth of flow is greater than recommended for video inspection, it may be Houston & Harris PCS, Inc. Page A-7 necessary to reduce flow by plugging or bypassing the line. All plugging and/or bypassing shall be at the discretion of City and shall be conducted by a City - approved Contractor. • Spill Reporting and Handling • In the event of any Contractor -related overflow or interruption/backup of customer service, the Contractor shall immediately notify the City and shall contain and control all overflow. • Contractor shall be responsible for any fines levied by others, reimbursement of any agency incurred costs, damage, cleanup, restoration of flow, and any disruption of service costs to customers as of a result of Contractors Work. This is in addition to any and all costs incurred by the customer. SEWER VIDEO INSPECTION REPORT AND VIDEO RECORDING • Upon completion of the video inspection, the Contractor shall provide the agency with all original recordings and an Inspection Report that includes the following: • Brief summary of the Work performed • PACP quick rating summary list of all pipeline segments inspected (Le. manhole to manhole). To include QSR, QMR, SPR, MPR, OPR , SPRI, MPRI, and OPRI • Inspection reports (log sheets) of each segment • All original recordings (videotapes, etc.) • Summary list of recorded defects • Photographs of major defects for each pipeline segment. (in JPEG format) • Sewer maps/plans given to Contractor by the City for inspection purposes. • Electronic files of inspection data Minimum documentation shall consist of the Video Recording(s) and the Sewer Video Inspection Report. The Inspection Report for each segment shall be as specified above and shall contain one or more of the following as directed by City: • Agency project or Contract number • Sewer Video date • Sewer Video time • Weather condition Houston & Harris PCS, Inc. Page A-8 Contractor name • Contractor job number • Operator(s) name • Street name or location • Cross street name or location • Surface material (asphalt, concrete, dirt, etc.) • Construction drawing number and sheet number • Manhole number (access point) - up • Manhole number (access point) - down • Manhole to manhole segment number • Manhole depth - up • Manhole depth - down • Basin or Area • Direction of camera • Pipe - size • Pipe - shape • Pipe - material • Pipe - age • Pipe - slope • Pipe - drop (total invert elevation change) • Pipe - footage centerlines (on plan, if available) • Pipe - footage centerlines (on sewer video) • Pipe - flow up (percent of pipe at inlet or height of flow) • Pipe - flow down (percent of pipe at outlet or height of flow) Houston & Harris PCS, Inc. Page A-9 « Pipe - joint lengths • Digital video file number/media number • Observation descriptions • Schematic of pipeline showing laterals and observations • Clock position of noted observations « Photographs of major defects or typical pipe condition « Notice of severely worn manhole covers • Notice of severely deteriorated manhole concrete structures • Notice of severely deteriorated manhole liners or coatings « Sewer pre -cleaned prior to inspection? Yes or no • Purpose of survey A defect coding system, acceptable to City's representative(s) shall be used to log all defects discovered. A copy of the coding system shall be kept with the Contractor on -site. The Contractor shall cross-reference his software's defect coding and rating system to the WRC defect coding and rating system on the Inspection Report and also the Summary List of Recorded Defects. Voice recordings on the video shall be clear, complete, distinct, and in English. The audio description shall be made on a real-time basis and riot in any voice over manner after the video image is recorded. • A vocal description shall be recorded at the beginning of each tape and at the beginning of each inspection while the "Initial Screen Text" is displayed. A voice recording shall also be performed during each observation and at the conclusion of each inspection. • Inappropriate language or idle chatter are not acceptable and shall be grounds for rejection of Work by the City in accordance with the contract. If rejected, the nonconforming videotape(s) shall be corrected to comply at no cost to the City. Color video recordings of the data on the television monitor shall be made by the Contractor. Digital copies of these are to be made on a suitable digital format and provided to City. Mechanisms to ensure data integrity and to prevent accidental erasure from the medium shall be in place before submittal. Title to the digital video will remain with City. The Contractor shall have all recordings and necessary playback equipment readily accessible for review by the City's representative during the term of the contract. Houston & Harris PCS, Inc. Page A-10 INITIAL SCREEN TEXT • Each pipe segment (manhole to manhole) shall be identified with an initial screen text and voice recording and shall include the following: • City of Newport Beach • Work order number • Date • Time • Weather • Contractor name • Contractor operator name(s) and PACP certification number • Street/location name • Manhole number up (start manhole) • Manhole number down (end manhole) • Direction of camera/survey - with or against flow (downstream/with flow or upstream/against flow) • Pipe material(s) - as specified on plans • Pipe footage - as specified on plans • Pipe size - as specified on plans RUNNING SCREEN TEXT • During the sewer video inspection, the running screen shall show the running footage (distance traveled) and the following text information at the bottom of the screen: • Manhole number upstream • Manhole number downstream • Pipe size • Pipe length • Date Houston & Harris PCS, Inc. Page A-11 • Time of day • The format of the above text information shall be as shown in the following example: • "MH32_0011MH32_002 (12"-410') 01012013 — 10:20A.M. ENDING SCREEN TEXT • At the end of each pipe segment, an ending screen text and voice recording shall include the following: • "End of segment inspection" • Condition that prevented complete inspection (If Applicable) • A City representative shall review and approve the screen layout prior to inspection. The display on the screen shall be temporarily moved or turned off as required to obtain the highest quality documentation on the pipeline defects. SEWER VIDEO RECORDING LABELS • Each sewer video recording may contain one or more pipe segments. The medium shall have the "top" label affixed to the outside of the medium case. The top label shall contain the following text information: • City Work Order Number • Summary of pipeline segment(s) each listing shall show: • Manhole number — up (start) • Manhole number — down (end) • Pipe Size • Pipe Material • Lengths: Plan and sewer video recording • DVD number • Dates of CCIV • Contractor name ELECTRONIC DATA FILE REQUIREMENTS • Contractor shall provide the following files to City for each segment inspected: Houston & Harris PCS, Inc. Page A-12 Sewer Video Inspection Data Table Sewer Video Inspection Observation Listing Contractor shall have the ability to import City of Newport Beach shape files and export a link of their surveys to a City of Newport Beach Data base. Contractor shall have the ability to Work with City in establishing and improving upon existing electronic data files and formats. • Contractor shall use Pipelogix 6.4 or newer, PACP 6.0, and NASSCO 6.0 certified. Contractor shall use Pipelogix 6.4 or newer, with the ability to use the City's Data Base with imported pipes and assets and link their surveys to our assets to view on the City's Geographic Information Systems (GIS) database. QUALITY ASSURANCE/SUBMITTALS Contractor shall review inspection package and correct any errors prior to submittal to City. Errors discovered by City staff will result in the return of the inspection submittal to the Contractor for correction before payments will be processed. Frequent returns for correction may be cause for cancellation of the contract. Inspection submittals shall be delivered to City within one week of completion of the inspection. Frequent delays in deliverables may be cause for cancellation of the contract. USE OF CITY EQUIPMENT AND LABOR • City equipment and labor, except for City's representative to monitor the Work, shall not be utilized at any time. RESEALING MANHOLE COVERS Contractor shall reseal all manholes with City approved duct seal within 24 hours after Work is completed. City shall provide the contractor with the sealing material. Work area around the manhole is to be swept clean of all debris. Houston & Ha PCS, Inc. Page A-13 EXHIBIT B SCHEDULE OF BILLING RATES Houston & Harris PCS, Inc. Page B-1 PROPOSAL OFFER FORM Sewer Video Inspection Rates Item Description Price Per Linear Foot la. Video of all pipes, sizes and types to comply with the ten year program (175.12 miles/924,634 LF) *Based on a 5 year plan of 0.288/LF $ (Complete Cost: must include all labor, materials, equipment, minimum call out fees, video upload, etc). completion ib. Video of all pipes, sizes and types to comply with the ten year program (175.12 miles/924,634 LF) *Based on a 10 year plan of 0.298/LF $ (Complete Cost: must include all labor, materials, equipment, minimum call out fees, video upload, etc). completion "Proposers should provide pricing for both Sections la and lb for optimal consideration during the proposal evaluation and selection process" 2. Video of all pipes, sizes and types to comply with "hot spot", and point repair yearly video (15.72 miles/82,986 LF plus 7.18 miles/37,894 LF) 0.298/LF $ (Complete Cost: must include all labor, materials, equipment, minimum call out fees, video upload etc.) 3, Main line launched lateral evaluation inspection system $ 97.50/Set Up *if required, per setup cost (complete cost, must also include video upload) 4. Reverse Set Up Fee 85.00/Set Up $ *One-time fee for each reverse setup if/when required 5. Additional video as requested 195.00/Hour $ *if required, per setup cost (complete cost, must also include video upload) The undersigned certifies that submission of this Proposal is made without prior understanding, arrangement, agreement or connection with any corporation, firm or person submitting a Proposal for the same services, and is in all respects fair and without collusion of fraud. The undersigned certifies that they have not entered into any arrangement or agreement with any City of Newport Beach public officer. The undersigned understands collusive practices are a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. 04-11-13 Proposer Signature Date Pamela Houston, President Printed Name and Title EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 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. 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. 3. Coverage Requirements. A. 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. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. 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. 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. C. 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 Contractor arising out of or in connection with Work to be performed under this Houston & Harris PCS, Inc. Page C-1 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 each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these 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 subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile 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. C. 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. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewai of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial Houston & Harris PCS, Inc. Page C-2 additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements 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 agreements will not impose any liability on City, or its employees. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. F. 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. G. City Remedies for Non -Compliance If Contractor or any sub - consultant 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. H. 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 Contract, 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. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Houston & Harris PCS, Inc. Page C-3 judgment may be necessary for its proper protection and prosecution of the Work. Houston & Harris PCS, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 11/29/18 Dept./Contact Received From: Joan Date Completed: 12/3/18 Sent to: Joan By: Jan Company/Person required to have certificate: Houston & Harris PCS, Inc. Type of contract: Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 6/24/18 — 6/24/19 A. INSURANCE COMPANY: Colony Insurance Company B. AM BEST RATING (A- : VII or greater): A / XIV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M 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 PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® 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: 6/24/18 — 6/24/19 A. INSURANCE COMPANY: Nationwide Mutual Insurance Company 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 - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. ADDITIONAL INSURED WORDING: ❑ N/A ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A ® Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: ® N/A ❑ Yes ❑ No I. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 9/1/18 — 9/1/19 A. INSURANCE COMPANY: Cypress Insurance Company B. AM BEST RATING (A- : VII or greater): A++ / XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY VI BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? ® Yes ❑ No ® Yes ❑ No $1,000,000 ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No Appr 12/3/18 Agent of Alliant Insurance ServicDate Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Risk Management approval required for non -admitted General Liability carrier. 12/2/18 Risk Management approved use of non -admitted General Liability carrier. Approved: Risk Management Date * Subject to the terms of the contract. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7/18/13 Dept./Contact Received From: Raymund Date Completed: 7/22/13 Sent to: Raymund By: Chris/Renee Company/Person required to have certificate: Houston & Harris P C S Inc Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 6/24/13-6/24/14 A. INSURANCE COMPANY: Ironshore Specialty Insurance Co B. AM BEST RATING (A- : VII or greater): A:XIV 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) G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) Yes D No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? t .. Yes 0 No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ►w Yes ❑ No CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ELECTED SCMAF COVERAGE (RECREATION ONLY): NOTICE OF CANCELLATION: K. L. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 6/24/13-6/24/14 ® Yes ❑ No ❑ Yes ®No ZN/A ❑Yes ❑No ❑ N/A 4 Yes ❑ No A. INSURANCE COMPANY: Golden Eagle Insuraance Corporation B. AM BEST RATING (A- : VII or greater) A:XV C. ADMI I I ED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): G. HIRED AND NON -OWNED AUTO ONLY: H. NOTICE OF CANCELLATION: Yes ❑ No 1,000,000 N/A ® N/A ❑ N/A 0 N/A ❑ Yes 0 Yes ® Yes • No ® No ❑ No VV0RKERG'COK4PENSAJ|ON EFFECTIVE/EXPI RATION DATE: 9/1/12-9/1/13 A. INSURANCE COMPANY: Security National Insurance Company R AMBEST RATING (A`:\8|cvQreoted: A:XV C, ADMITTED Company (Must beCalifornia /\dnoktod): D. VVORKERS'COMPENSAT|ONLIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must ho$1yNorgreater) F. WAIVER OFSUBROGATION (To inc1ude):|oitincluded? G. SIGNED VV0RKERS'COMPENSAT|0NEXEMPTION FORM: M. NOTICE OFCANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV, PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? |FNO, WHICH ITEMS NEED TOBE COMPLETED? El Yes [0No 104Yes F�No 1,000,000 Yes ZN/A 0Yes 04 a 0No El No El No ' N/A E]Yes F�No N/A ElYes FlNu 7/22/l3 Agent of AlKantInsurance Services Date Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non'ndmittedcarrier rated Self Insured Retention orDeductible greater than $ ) Reason for Risk Management oppnovoVoxoeoUunhmaivec Workers' Compensation needs approval from Sheri for non -admitted status. |ess\han Approved by Sheri on 7/19U3. � A,rrr-v_~� Risk Management Date