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HomeMy WebLinkAbout09 - Storm Drain Evaluation — Approval of PSA - Contract No. 6277TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report November 24, 2015 Agenda Item No. 9 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer PHONE: 949-644-3323 TITLE: Storm Drain Evaluation — Approval of Professional Services Agreement with Downstream Services, Inc. - Contract No. 6277 ABSTRACT: Staff has solicited and received proposals for the Storm Drain Evaluation project, and is requesting City Council approval to enter into a Professional Services Agreement (PSA) with Downstream Services, Inc. (Downstream) of Escondido, California. RECOMMENDATION: Approve Professional Services Agreement, Contract No. 6277, with Downstream Services, Inc. of Escondido, California, to provide storm drain evaluation services at a not -to -exceed price of $200,000.00, and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this contract work. It will be expensed to the Storm Drain Systems Repair account in the Capital Improvement Program budget, Account No. 15D01 -Unassigned -010 -Unassigned; 01001926-980000- 15D01. DISCUSSION: The older portions of the City's storm drain system were built more than fifty (50) years ago. As part of the Fiscal Year 2015-16 Capital Improvement Project budget, funding was allocated to inspect and assess the integrity of these older portions of the system. In September 2015, staff solicited for competitive proposals to perform a video assessment of approximately 24,000 linear feet of corrugated metal storm drain pipeline. Three (3) of the five (5) firms invited to propose on this work responded. The 9-1 Storm Drain Evaluation — Approval of Professional Services Agreement with Downstream Services, Inc. - Contract No. 6277 November 24, 2015 Page 2 proposals received were reviewed by a panel comprised of both Municipal Operations and Public Works staff. The ranking criteria included qualification, project understanding, experience, and service cost. Downstream Services, Inc. was selected as the most qualified and responsive firm for this project. As the existing storm drain system's conditions are uncertain, pipe clearing may be required along certain segments to facilitate the inspection process. Unit prices for clearing varying pipeline sizes have been included in the contract. As such, a not -to - exceed contract of $200,000.000 was negotiated. Upon issuance of the Notice -to - Proceed, Downstream will have up to seventy-five (75) working days to complete the work. The aggregated data produced will be used to update the City's database and used as the basis to program future needed storm drain improvement projects. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Professional Services Agreement 9-2 ATTACHMENT A PROFESSIONAL SERVICES AGREEMENT WITH DOWNSTREAM SERVICES, INC. FOR STORM DRAIN EVALUATION SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 24th day of November, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and DOWNSTREAM SERVICES, INC., a California corporation ("Consultant"), whose address is 2855 Progress Place, Escondido, California 92029, 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 develop a storm drain maintenance and capital construction program and engage Consultant to provide sewer video inspection services and as -needed pipeline clearing ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth 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 December 31, 2016, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant 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"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule 9-3 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 Consultant 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, Consultant shall not be responsible for delays due to causes beyond Consultant'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 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) 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 Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant 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. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Thousand Dollars and 00/100 ($200,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person 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 Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant 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 Downstream Services, Inc. Page 2 not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant 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. Consultant has designated Kim Carr to be its Project Manager. Consultant 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 Consultant, 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. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, 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 Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. Downstream Services, Inc. Page 3 9-5 8.2 Consultant 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 Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant 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 Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant 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 Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, 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). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant 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 Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, 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 Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Downstream Services, Inc. Page 4 Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant 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 Consultant on the Project. 12. CITY POLICY Consultant 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 Consultant 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 Consultant's indemnification of City, and prior to commencement of Work, Consultant 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 Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. 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. Downstream Services, Inc. Page 5 9-7 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and 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 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, 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 Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, 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 Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. Downstream Services, Inc. Page 6 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. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant 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 Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant 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 Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant 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. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant 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. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. Downstream Services, Inc. Page 7 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant 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. 24.2 If subject to the Act, Consultant 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. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 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. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: David A. Webb, Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Wilma G. Roberts Downstream Services, Inc. 2855 Progress Place Escondido, CA 92029 Downstream Services, Inc. Page 8 9-10 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant'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 Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 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. 27.2 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 Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant 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. 28. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Consultant and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and Downstream Services, Inc. Page 9 9-11 requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 29. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 Compliance with all Laws. Consultant 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 Consultant 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. 29.3 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. 29.4 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. 29.5 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. 29.6 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. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.8 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. Downstream Services, Inc. Page 10 9-12 29.9 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. 29.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 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] Downstream Services, Inc. Page 11 9-13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTON OFFICE Date: By: ►'y Aaron C. Harp c,*w ii 1611 City Attorney ATTEST: Date: go Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Edward D. Selich Mayor CONSULTANT: Downstream Services, Inc., a California corporation Date: Bv: Wilma G. Roberts President/Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Downstream Services, Inc. Page 12 9-14 EXHIBIT A SCOPE OF SERVICES SCOPE OF WORK 1. Facilitate a pre -mobilization meeting with City staff to detail work plan and schedule. 2. Provide a detailed work plan to the City for review and approval a minimum of five (5) work days prior to the pre -mobilization meeting. Said work plan shall, at a minimum, include: General: • Work order and schedule • Traffic control Video Inspection: • Proposed equipment • Equipment capabilities • Back-up equipment and strategy • Inspection and documentation methodology • Sample observation log • Troubleshooting methodology • Recording and labeling convention Pipeline Clearing: • Proposed equipment • Equipment capabilities • Back-up equipment and strategy • Clearing methodology • Disposal Downstream Services, Inc. Page A-1 9-15 3. Video inspection shall include a detailed colored -video, voice -narrated, captioned documentation of the contract -stipulated storm drain pipeline, manhole, catch basins, ditches, and appurtenances within the project scope. At a minimum, the observations shall include cracks, laterals, fractures, offset pipelines/joints, sags, open pipeline/joints, line deviations, missing sections, infiltration, debris, roots, vermin, defects, etc. The file shall also include still images of noted defects in high- quality digital format. 4. Remove all native and non-native foreign objects (or any other blockage material) from the storm drain pipeline to properly inspect the system. Due to the nature and age of the system, Consultant shall exercise extra care during the course of work to not damage the storm drain. Any repair work resulting from the Consultant's operations shall be borne by the Consultant. 5. Submit all video, photographic, and observation logs to the City in an organized manner, as detailed in the Consultant -prepared, City -approved work plan. 6. Submit inventory data in a GIS format compatible with the City's database. GENERAL REQUIREMENTS 1. Consultant shall be qualified to perform the work as noted in the RFP, have a minimum of five (5) years of professional working history in projects of similar scope, and satisfactory references from previous clients with similar project scope. 2. Consultant shall be able to communicate clearly, both verbally and in writing, with City staff. Consultant shall be fluent in the English language for both direction and safety purposes and shall also demonstrate the capability to read, interpret, and understand the City's record documents. 3. All work and equipment utilized shall conform to all federal, state, and local requirements, including, but not limited to work performed in confined spaces and/or gas hazardous environments. Consultants shall also comply with City safety requirements. 4. Where applicable, work shall generally conform to the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; and Standard Specifications for Public Works Construction (2009 edition), including supplements. 5. At the time of award and until completion of work, the Consultant shall possess a valid City of Newport Beach business license, as well as any and all necessary permits and licenses necessary to complete the Work in place. 6. Normal working hours are limited to 7:30 a.m. to 4:30p.m., Monday through Friday. Should the Consultant elect to work later than 4:30p.m (up to 6:30p.m.) on weekdays, or between 8:00 a.m. and 6:00 p.m. on Saturday, the Consultant must Downstream Services, Inc. Page A-2 9-16 first obtain explicit written permission from the City. The City reserves the right to deny any or all such requests. The City recognizes special circumstances where work outside of normal hours (including night work) is required. Special arrangements shall be brought to the City's attention at least five (5) working days in advance of actual work for approval. No additional compensation will be provided for work outside of normal working hours. 7. Consultant shall furnish all labor, materials, equipment and incidentals necessary for the video inspection and cleaning of various lengths and sizes of storm drain pipelines throughout the City of Newport Beach, as conceptually illustrated Section 3, Appendix B of the RFP. Electronic shape files and storm drain database will be provided to the successful bidder. 8. Consultant shall complete the Base Work (20,000 LF) within 60 consecutive working days from the Notice to Proceed. Excluding inclement weather, holidays, and approved extensions, each consecutive calendar day after the 60 allocated contract time, the Consultant shall pay to the City or have withheld from monies due, the daily sum of $200.00. Execution of the Agreement shall constitute agreement by the City and Consultant that $200.00 per calendar day is the minimum value of the cost and actual damage caused by the failure of the Consultant to complete the Contract work within the allocated time. 9. Should the City elect the include the 4,000 LF of Additive Work to the Contract, the Consultant shall complete Base Work plus Additive Work within 75 consecutive working days. Other terms will remain as detailed in General Requirement No. 8. 10. Consultant shall coordinate work with City to minimize conflict with other City efforts. 11. Consultant shall coordinate with City for suitable video inspection and clearing times due to tidal or weather conditions. 12. Consultant shall provide traffic control and access in accordance of Section 7-10 of the Standard Specifications for Public Works Construction (GreenBook) and the Work Area Traffic Control Handbook (WATCH), latest edition. Work along major arterials may require traffic control plans signed and prepared by a California - licensed traffic engineer. Cost of preparing said traffic control plans will be reimbursed to the Consultant by the City, without markup. Costs of establishing all traffic control under this Agreement shall be paid for by the Consultant. 13. Consultant shall arrange for and dispose of waste material generated from the Work. 14. Consultant shall protect all existing improvements, which is not specifically prescribed in this Contract, in place. Consultant shall be fully responsible for replacing, adjusting, or repairing said damages to the City's satisfaction. Downstream Services, Inc. Page A-3 9-17 15. Construction materials and equipment shall not be stored in streets, roads, or sidewalks. Consultants shall be responsible for identifying a storage location, if necessary. 16. Notification to residents and businesses shall be provided at least 48 -hours in advance of the operation at that location. Access into and out of residences and businesses shall be maintained at all times. SPECIAL REQUIREMENTS 1. Consultant shall have the ability to import and edit the City's shape files and storm drain database. 2. If necessary, the Consultant shall bypass all storm drain flows, and shall be responsible for all costs associated with the bypass system. 3. Consultant shall bear cost of reverse set-ups or re -set ups, if applicable. 4. Costs required to clear and grub project location access point to perform work shall be embedded in video inspection unit price. 5. Video shall be documented in high-quality color -video format (MPEG1 or City - approved equivalent). Still digital files shall be documented in high-quality digital still (JPEG or City -approved equivalent). Still images shall be no less than three (3) and no greater than eight (8) megapixels. 6. The video camera used for inspection and documentation shall be one specifically designed and constructed for such services. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in various climate conditions. 7. The camera must move through the pipe at a speed not greater than 30 feet per minute. The video shall indicate the distance along the pipe. The distance shall have an accuracy of one foot per 100 feet. Film the entire circumference at each joint. Stop the camera and pan when necessary to document defects. 8. Equipment shall be capable of recording reaches of at least 1,000 feet in one direction. 9. Consultant shall, at a minimum, have the capabilities of videoing and clearing pipe diameters ranging from six -inches (6") to forty-eight inches (48"). 10. If the Consultant elects to use City water, he may arrange for a temporary meter with the City's Revenue Division. Water used for this project shall be paid for by the Consultant. The City will designate the location of the fire hydrant or other acceptable connections. City reserves the right to limit the location, times, and rates Downstream Services, Inc. Page A-4 9-18 of drawing such water. Consultant shall make every effort to conserve water used and to contain the discharge and dispose of it properly. Downstream Services, Inc. Page A-5 9-19 EXHIBIT B SCHEDULE OF BILLING RATES Downstream Services, Inc. Page B-1 9-20 PROPOSAL COST SHEET For Proposals, Contractors shall bid based on the specifications provided in the Scope of Work as listed in this RFP. Costs shall include ALL items necessary to complete the work, including, but not limited to, labor, equipment, prevailing wage, insurances, transportation, materials, disposal, direct & indirect costs, etc. Please note that bonds are requested for the project; pricing shall also reflect bonding requirements. STORM DRAIN EVALUATION TOTAL NOT -TO -EXCEED COST FOR CONTRACT WORK BASE WORK (20,000 LF) $ 55,000 ADDITIVE WORK (4,000 LF) $ 11,000 (The Additive Work may be added to or deleted from the Contract, all or a portion, at the City's sole discretion.) STORM DRAIN EVALUATION UNIT PRICES The unit prices below will be used to credit or deduct a proportionate amount from the total Contract cost noted above. Video Inspection (per LF) Storm Drain Clearing (per LF) (6" to 8" diameter) Storm Drain Clearing (per LF) (10" to 12" diameter) Storm Drain Clearing (per LF) (15" to 18" diameter) Storm Drain Clearing (per LF) (21" to 24" diameter) Storm Drain Clearing (per LF) (30" to 36" diameter) $ 2.75 $ 1.00 $ 2.00 $ 3.50 7.50 $ 18.00 Storm Drain Clearing (per LF) (42" to 48" diameter) $ 25.00 81 Page 9-21 V -Ditch Clearing (per LF) Catch Basin Clearing (each) Labor rate $ 0.80 ` 65.00 98.00 /Hr Any additional or supplemental pricing may be included on a separate sheet, however this pricing sheet must be completed and submitted. Contractor shall identify any other related fees or costs associated with the project or work, including, but not limited to lumber replacement and supply. 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. Downstream Services, Inc. Proposer Wilma Roberts, President Printed Name and Title 9/25/2015 Date 91 Page 9-22 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant 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. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant 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. Consultant 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. Consultant 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. Consultant 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, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant 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 Consultant 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 each accident. Downstream Services, Inc. Page C-1 9-23 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 Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant 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, but not including professional liability, 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 nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant 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 Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Downstream Services, Inc. Page C-2 9-24 Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. 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. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. 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. F. City Remedies for Non -Compliance. If Consultant or any subconsultant 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 Consultant'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 Consultant or reimbursed by Consultant upon demand. G. 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. H. Consultant's Insurance. Consultant 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. Downstream Services, Inc. Page C-3 9-25