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Staff Report 1615
City of Palo Alto (ID # 1615) City Council Staff Report Report Type: Consent Calendar Meeting Date: 7/11/2011 July 11, 2011 Page 1 of 5 (ID # 1615) Summary Title: Crossbore Investigation and Rule 23 Amendment Title: Approval of a Gas Enterprise Fund Contract with HydromaxUSA, LLC in the Total Amount of $3,523,950 for Professional Services for the Cross-bore Investigation by CCTVing Sanitary Sewer Laterals and Adoption of a Resolution Approving an Amendment to Utilities Rule and Regulation 23 (B and C) Pertaining to Special Wastewater Utility Regulations From:City Manager Lead Department: Utilities Recommendation 1.Staff recommends that the Council approve and authorize the City Manager or his designee to execute the attached agreement with Hydromax USA, LLC. (Attachment A) for a not-to-exceed amount of $3,523,950 for Closed Circuit Television Inspection (CCTV inspection) and associated data processing services of wastewater laterals for the purpose of detecting gas cross-bores. 2.Staff recommends that Council approve and authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Hydromax USA, LLC for additional services that may be required during this project for unforeseen developments, the total value of which shall not exceed $276,050 or 8% of the proposal cost. 3.Staff recommends that the Council adopt a resolution (Attachment B), approving an amendment to Utilities Rule and Regulation 23 (B and C), which will be effective upon the Council’s adoption of the resolution. Background Trenchless installation technology for utility service line installation has been employed since the 1970s. Trenchless installation techniques are less expensive and require minimal surface disruption in comparison to traditional open-cut construction methods. When gas pipe is installed by trenchless techniques and the existence of intersecting different utility lines are not verified by potholing or CCTV inspection, it is possible for the new pipe to be installed, resulting in the penetration of an existing pipe. This occurrence is known as a ‘cross-bore’. Since the 1970s, polyethylene gas service lines have been installed by the trenchless installation method. Gas pipes inadvertently installed in wastewater pipes can cause backups in the wastewater July 11, 2011 Page 2 of 5 (ID # 1615) lines and efforts to clear these blockages with mechanical equipment, commonly used by plumbers, may damage cross-bored gas lines during the cleaning effort. Recently, industry has become aware of an increase in cross-bore incidents nationwide. The proposed agreement will enable the City to proactively identify and appropriately deal with cross-bores. Current work methods for the installation of gas lines require positive video verification of all adjacent wastewater lines, post gas service installation, prior to the introduction of gas into the new service line. This program will focus on wastewater laterals associated with gas lines that were installed before the current work methods were adopted. Mainlines will also be inspected. Staff issued a press release on April 26, 2011, informing Palo Alto gas utility customers of the cross-bore safety program. Additional information was provided by mail to our customers, detailing the program and informing them that, in the event of a sewer blockage, they should call the City before contacting a plumber (Call Before You Clear). Mailers were also sent to drain-cleaning firms and plumbers operating in the area, indicating the importance of contacting the City prior to undertaking any sewer cleaning efforts. Information about the program is posted to the Utilities section of the City’s webpage. Utilities Rule and Regulation 23 is being amended to allow the City to perform inspections of private laterals to determine if a cross bore has occurred and to make repairs if needed. In addition, the rule is being revised to provide an incentive to customers to allow the city to move the City’s clean out from the customers property to the edge of the Public Right-of-Way. The City will move the clean out at no expense to the customer. If the customer does not want to allow the City to move the clean out, the customer will be responsible for the lateral from the home to the main. This change is being made to limit the footage of City-owned laterals on customer property. Discussion On Tuesday, April 19, 2011 the City advertised the RFP. The scope and objectives were developed by the Utilities Department. A pre-proposal, non-mandatory teleconference was held on Tuesday, April 26, 2011, to review and discuss the proposal. Ten (10) parties participated in the teleconference. On Tuesday, May 10, 2011, eight (8) responses were received for the request for proposal. The Utilities Department staff evaluation team ranked the eight (8) proposals and conducted interviews with four (4) firms. The selection criteria for the firms, invited for oral interviews, were based on cost, experience, available resources, ability to comply with proposed schedule and quality control methods. Project Scope This project will determine whether cross-bores exist in wastewater laterals between the wastewater main and the structure it serves. Each lateral will be videoed and annotated to document whether the lateral is cross-bore-free. In the event that a cross-bore is detected, the City’s CCTV inspection contractor will secure the site and notify the City accordingly. Quality assurance and the tracking of the program’s progress are key components to assure that July 11, 2011 Page 3 of 5 (ID # 1615) verification efforts identify all potential cross-bore locations. The City’s contractor will have three separate levels of in-house data checking prior to submission of information to the City. All inspected laterals will be tracked by the City through the enterprise GIS system. Lateral launching of video equipment from the wastewater main is a recently developed technology that minimizes the need to launch video equipment from private property. Lateral launching of CCTV equipment will be pulled through the wastewater main and then directed up each individual lateral to create images from the main to the structure served. The City’s contractor will also collect video images of the wastewater mains, thereby enhancing maintenance activities associated with these facilities. The principle objectives of this project are: 1.Verify the absence of gas cross-bores in both the City-owned and privately-owned components of the wastewater collection system. 2.Create video records and report condition of designated wastewater laterals and mains in the City. 3.Indentify the existence of cross-bores and provide notification to the City in order that appropriate action may be undertaken. 4.Document all inspections and track the project’s progress with the City’s GIS system. The deliverables include the following: 1.Provide individual video files of all wastewater laterals inspected. Lateral lines shall be cleaned using methods that will not damage potential cross-bores or the lateral to enable proper CCTV inspection. 2.Provide a digital map at monthly intervals during the course of the project for purposes of tracking the completed work, pending work, and work in-progress. 3.Provide video files of wastewater mains. Solicitation Process A summary of the request for proposal process is outlined below: Proposal Title CCTVing Sanitary Sewer Laterals to Investigate System Integrity Proposal Number 140966 Proposed Length of Contract One (1) year Number of Proposal Mailed 10; Proposal was also available online. Total days to Respond to Proposal 28 days July 11, 2011 Page 4 of 5 (ID # 1615) Pre-proposal Teleconference Date April 26, 2011 Number of Teleconference Participants 10 RFP Submittal Deadline May 10, 2011 Number of Proposals Received 8 Range of Cost of Proposals $2.9 M to $4.0 M Number of Companies Interviewed 4 Company Selected Hydromax USA, LLC Location (City, State)Chandler, IN Proposal Amount $3.2 M Attachment A, the Agreement, contains a complete description of the scope of service. Due to the specialized nature of this service, the equipment required to complete this project and the applicable critical quality assurance methods, it was determined that a contractor possessing these specialized skills and resources is required. Timeline This project is scheduled to start in late July 2011 and to be finished within 18 months or by January 2013. The project completion time in the RFP was specified as 12 months, however, during the selection process, it was determined that 18 months would be a more appropriate time period in which to successfully complete this project; this is consistent with the City’s publicly stated goal of completing this project by January 2013. Based on the City contractor’s resources required and in-house resources to fully address field issues, a decision was made to extend the contract term beyond the initial schedule in lieu of employing multiple contractors in order to complete the project within a shorter timeframe. This decision was also based on the desire to obtain consistant data and to minimize staff impact. Rule 23 (Special Wastewater Utility Regulations) establishes the City’s authority to inspect and temporarily take responsibility for the wastewater sewer lateral on the customer side of the cleanout in order to appropriately deal with a cross-bore that might have been created by the City. In the event a cross-bore is identified or a video camera becomes lodged in the privately- owned portion of a lateral, the City will be authorized to address the incident. Rule 23, as amended, confers upon the City the responsibility to appropriately address cross-bore incidents. Additionally, rule changes were made to define the limits of the City’s responsibility associated with laterals on private property. Attachment C is Utilities Rule and Regulation 23, as amended. A redlined version of Rule and Regulation 23, as amended, is available online. A paper redline copy is available for viewing in the Clerk’s Office. Resource Impact The funds for this project are included in the FY 2012 Utilities Operating Budget. This project will be managed by Utilities Department Staff. July 11, 2011 Page 5 of 5 (ID # 1615) Proposed changes to Rule and Regulation 23 has minimal resource impact. Policy Implications This recommendation is consistent with the Council approved Utilities Strategic Plan Key Strategy #2, “invest in utility infrastructure to deliver reliable service.” Environmental Review This project is categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Sections 15301 (b) repair, maintenance of existing facilities and 15302 (c) replacement or reconstruction of existing facilities. Attachments: ·Attachment A: Agreement -Hydromax C12140966 (PDF) ·Attachment B: Resolution -Rule and Regulation 23 (PDF) ·Attachment C: Rule and Regulation 23 Cross-bore issue (PDF) Prepared By:Robert Item, Project Engineer Department Head:Valerie Fong, Director City Manager Approval: James Keene, City Manager CITY OF PALO ALTO CONTRACT NO. C12140966 GENERAl, SERVICES AGREEMENT THIS AGREEMENT made and entered into on the 18~ day of July, 2011, by and between tbe CITY OF PALO ALTO, a California Chartered Muuicipal Corporation ("CITY"), and HYDROMAX USA, LLC, an Indiana corporation, located at 344 Inderrieden Road, Chandler, IN 47610, Telephone Number: (812) 925·3930 ("CONTRACTOR"). In consideration of tbeir mutual covenants, tbe ""rties hereto agree .s fullows: 1. SERVICES. CONTRACTOR shall provide or furnish the services ("Services'') described in tbe Scope of Services, attached as Exhibit A. 2. EXIDBITS. The following exlubits are attached to and made a pllrt of this Agreement: I "A"· Scope of Services x uE" _ Schedule ofperformanee "e" -Compensation "D" -Insurance Requirements "E" -PerfoIDlllDce andior Payment Bond o "F" -Liquidated Da IllIlges CONTRACT IS NOT COMPLETE UNLESS ALL EX1ll81TS ARE ATTACHED. 3. TERc'W. The term of this Agreement i. from July 18, 2011 to December 31, 2012 inclusive, subjecllo tbe provisions ofsuh_tion 3.(b) and Section Q and V oftbe General Tenns and Conditions. 4. SCHEDm.E OJ:' PERFORMANCE. CONTRACTOR shall complele the Services within the Icon of this Agreement in " reasonably prompt and timely manner based upon the cin:urnstances and direction communicated to CONTRACTOR, and if applicable, in accordance with tbe scbedule set forth in the Scbedule of Performance, attached as Exhibit B. Time is of the essence in this Agreement, 5. COMPE:>ISATION F'OR ORIGINAL TERc'W. CITY shall pay and CONTRACTOR agrees to accept as not to exceed compensation for the full performance of the Services and reimbursable expenses, if any: n n The total maximum lump sum compensation of doll.rs ($ );OR The SUlll of amount of dol1.rs ($ dol1ars ($ ) per hour, not to exceed a total TTWxirrll.lm compensation );OR A sum calculated in accordance with the fee schedule set forth in Exhibit C, nollo exceed a total lllaxilllum cOlllpensation amount of Three Million Five Hundred Twenty Three Thousand Nine Hundred Fifty dollars ($3,523,950), COI\'TRACfOR agrees that it can perlorm the Services for an amount not to exceed tbe total maximum compensation set furtb above, Any hours worked or services perfonned by CONTRACTOR for which payment would result in a lotal exceeding the maximum amount of compensation sel forth above for perlonnance of the Se.,,,;ces shall be at no cost to CITY. ~ The City has set aside the sum of Two Hundred Seventy Six Thousond Fifty dollars ($276,050) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, ,,,ritten authorization from tbe City Manager or designee. CONTRACTOR, at tbe CITY' g request, shall submit a detailed written proposal including a description of the scope of sCTvices, schedule, level of effort, and CONTRACTOR's proposed maximum compensation, including reimbursable Rev. January 11,2010 \\Cc~tcrra\s.haTed\ASD\PURCmSOLlC1T,\ TlONS\CURRENT BIJYER~CM FOLDERS\UTILITIES -CAROL YNN\RFPs\140966 CCTVing.Sewer\FINAL CONTRACT\C 12140966,doc expense, for such servic:es. Compens~tion shaH be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum, CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed Ibe amount set forth above for Additional Services, Pa)ment for Additional Services is subject to all requirements and restrictions in this Agreement, 6. COMPENSATION DURING ADDn10NAL TERMS. n CONTRACTOR'S compensation rates for each additional term shall be the same as the original term; OR r CONTRACTOR's compensation rates shaII be adjusted effective on the commencement of each Additional Tenn. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adju..ted by a percentage equal to the change in the Consumer Price hldex for Urban Wage Earner" and Clerical Workers for the San Francisco- Oakland· San Jose area, published by the United States Department of Labor Statisties (CPl) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPl published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, ill nO event shall CONTRACTOR's compensation rates be increased by Wl amount exceeding five percent of the rates effective during the immediately preceding term, Any adjustment to CONTRACTOR's compensation rates shall be reflected in a written amendment to this Agreement. 7. INVOICING. Send all invoices to the CITY, Attention: Project ~nager, The Project l\fanager is: Robert Item, Dept.: Utilities Engineering, Telephone: (650) 566-4513. Invoices shall be submitted in arrears for Services performed. Invoices shall not he snbmitted mOTe frequently than monthly. Invoices shall provide a detailed statement of Services perfoTllled during the invoic.e period and are subject to verification by CITY. CI'IY shall pay the undisputed amount of invo;ce. wilhin 30 days of receipt. GENERAL TERMS AND CONDITIONS A. ACCEPTAl"lCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and condition., set forth in seCtiODS I Ilnough 6 above, these general terms and conditions and the attached exhibits. B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled "SERVICES," and lhat every indi,~dual charged with the performauce of Ibe services Wlder this Agreement hilS sufficient skill and experience and is duly licensed or certified, to the extent such licensing or'certifieation is required by law~ to perform the Services. CITY expressly relies on CONTRACTOR's representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in ilCcordance with generally accepted business practices and perfonnance standards of the industry, including all federal, state, and local operation and safety regulations. C. INDEPENDENT COJl.'TRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY, CONTRACTOR sball be responsible for employing or engaging all persons necessary to complete the work required Imder this Agreement. D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perfonn any Services under this Agreement unless CONTRACTOR obtains prior written consent ofOTY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontraL1:ors. E. TAXES AND CHARGES. CON1RACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CON1RACTOR's business. 2 Rev, January ll, 2010 \\('c-lerra\shal"Cd\ASD\PtjRCH.sOLlCIT,!>,'r! ONS\cURRENT BUYER-eM FOl.DERS\l1TILlTlES -CAROI ... YNN\R...FPs\ 140966 C'CTVing.&"wenFINAL CONTRACT\CI214G966.doc F. COMPLIk"lCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders. G. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, "''Pair in kind, or as the City Manager or designee ,hall direet, any damage to public or private property that occurs in connection with CONTRACTOR's perfonnance of the Services. CITY may decline to approve and may withhold payment in whole Or in pan to such extent as may be necessary to protect CITY from los< because of defective work not remedied or other damage to the CITY occurring in couuection with CONTRACTOR's pertonnance oflhe Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR', request. \\Then the grounds described above are removed, payment shall be made for amounts withheld because ofthem H. W ARRA."ITIES. CONTRACTOR expressly warrants that all services provided Mder this Agreement shall be pcrformed in a professional and workmanlike manller in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants ihat all materials, goods and equipment provided by CONTRACTOR uuder this Agreement shall be fit for ihe particular purpose intended, shall be free from defects, and shall conform to the requirements ofihis Agreement. CONTRACTOR agrees to promptly replace Or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in ihis section shall be in effect tor a period of one year from completion of the Services and shall survive the completion of the Services or tennination of this Agreement. I. MONITORING OF SERVICES. CITY may monitor ihe Services performed under this Agreement to detennine whether CONI'RACTOR's work is completed in a satisfactory manner and complies with Ute provisions of this Agreement. .1. CITY'S PROPERTY. Any reports, information, data or oUter material (including copyright interests) devcl.oped, collected, ... sembled, prepared, or caused to be prepared Mder ihis Agreement wiU become Ute property of CITY wiihout restriction or Illnitation upon their use and will not be made available to any individual or organization by CONTR1\CTOR or its subcontractors, if any, without ihe prior written approval of the City Ylanager. K. AUDITS. CONTRACTOR agrees to pennit CITY and its authorized representatives to audit, at any reasonable lime during ihe term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR's records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain IlCCurilie books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. L. NO IMPLIED WAIVER. No·payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on Ihe part of CITY of any of its rights under this Agreement. M. INSURANCE. CONTRACTOR, at it. sole cast, shall pUIchase and maintain in full force during ihe tenn of ihis AgreeIIICII~ the insurance coverage described in Exlubit D. InsuraJ1ee must be provided by companies with a Best's Key rating of A-:VlI or higher and which arc otherwise acceptable to the City's Risk Manager. The City's Risk Manager must approve deductibles and self-insured retention.s. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Ylanager as to form and content. CONTRACTOR shall obtain a policy endorsement IWming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating thnt Ihe insurance is primary coverage and will not be canceled or matLmlly reduced in covernge or limits unlil after providing JO days p"or written nolice of the cancellation or modification to the City's Risk Ylanager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfuctory to OTY's Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall ihroughout the' term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the OTY's Risk Manager. CONTRACTOR shall include all subcontractors as insured under its pohcies or shall obtain and provide to CITY ""Parate certificates and endorsement, for each subcontractor that meet all the requirements of tllis .eclion. The procuring of such required pohcies of insurance shall not operate to limit CONTRACTOR's liability or obligation to indemnify CITY under this J Rev. January 11,2010 liCc·'orr'\;h."d\ASD~'URCH\SOLlCI1'A'n()NSiCURRENT BUYER·eM FOI,DERSIUTILITlES· CAROL YNNIRFP>\140966 CCTVing,Sewer\FINAL CONTRACT'lC12140966.dm: Agreement, N. HOLD HARMI,ESS. To the fullest extent permitted by Jaw and without limitation by the plOvisions of sucrion M relating to insurance, CONTRACTOR shall indemnify, defend and hold hannless CITY, illl Council mc:mbt..'TS? otTt~c:rs, c:mpJoyees and agents from and agairu;t any and all demands, claims, injuries, losses, or liahilities of any nature, including death or injury Ie any person, property damage or any other loss and including without limitation all damages, penalties. fines and judgments, associated investigation and administrative expenses and defense costs, including, but not Jiroited to reasonable attorney's fees, courts costs and costs of alternative di .. ;;pute resolution), arising out of, or lesulting in any way from O[ in connection with the performance of this Agreement, The CONTRACTOR's obligations under this Section apply regardless of whether or not a Iiahility is caused or contributed to by any negligent (passive 01 active) act or omission of C1lY, except that the CONTRACTOR shall not be obligated to indemnify for liability atising from the sole negligence or willful misconduct of the CITY. The acceptance of the S.'rVices by CITY shall not operate as a waiver of the right of indemnification, The provisions of this Section survive the completion of the Services or termination of this Contract. O. NON-DISCRIMINATION. As set forth in Palo Alto Mwricipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin coloIJ gender, age, religion, disability, national origin, ancestryl sexual orientation, housing statos, marital status, familial status, weight or height of such person, CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Pa 10 Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. P. WORKERS' COMPENSAll0N. CONTRACTOR, by executing this Agrecment, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in liccordunce with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance ofthe Services. Q. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days' prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination, Upon receipt of such notice of termination, CONTRACTOR shall immcdiately discontinue performance. CITY, CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective d.te of termination. If the termination if for cause, OTY may deduct from such payment the .mount of actu.l damage, if .ny, sustained by CITY duc to Contractor's failure to perform its material obligations under thi, Agreement. Upon temlination, CONTRACTOR shall immediately deliver Ie the City Manager any and all copies of studies, sketches, drawings, computations, and other maten.l or producL>;, whether Or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shan become the property of CITY. R. ASSIGNMEI'i'TSiCHANGES. This Agreement binds the parties and their successors and assigns to nil covenants of this Agreement. This Ab'fcernent shall not be assigned Or transferred without the prior written consent of the CITY. No amcndments, changes or variations of any kind are authori7.ed without the written consent of the CrlY. S. CONFLICT OF INTEREST. In accepting tltis Agreement, CONTRACTOR covenants that it presenUy has no interest, and will not acqnire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with thc performance of this Contract. CONTRACTOR further cOVenants that, in the performance of this Contract, it will not employ any person having such an interest. CONTRACTOR certifies that no City Officer, elDpIoyee, Or aud.orized representative has any fillllncial interest in the bu,iness of CONTRACrOR and that no person associated with contractor has any interest, direct or indirect, which could conilict with the faithful performance of this Conlnlct. CONTRACTOR agrees Ie advise CITY if any conllict arises. T. GOVERI"UNG LAW. This contract shall be governed and interpreted by the laws of the State of California. 4 \\Cc-lerra\<;harcd\ASD\PURcmSOllCITA TIONS\CURRENT llUYER-CM FOLDERS\lJTlLlTlES • CA ROLY.t'\N\RI'Ps\140966 CClVing.Sewer\FINAL CONTRACncl21 4Q9I.16.doc U. ENTTRE AGREEMENT. This Agreement. including till exhibits. represents tile entire agreement behl'ecn the panies with :respect 10 the sen'ices thai may be the subject ofthls :\greement. Any variance ~n the exhibits does not atTect tbe validity of the Agre~ment and the Agreement itself ccnt~ols over any contlicting provisions in the exhibits. This Agreement supersedes aU pricr agreement~ representations. stnte.ments, negotiations and undertakings whether oral or written. V. NON-APPROPRIATION. This Agreement is subject to the fiscal provisidnS of the Charte'r o'fthe City of Palo Alto ond the Palo Alto Mun"icipal-Code. This :\greem~nt 'wiJI terminate without nny pen').lty (a) at the end of any fiscal year in lhe eve,nt t,hat fund's are not appro'priated for the following fiscal yeaf, ,:,r (b.) at any time within a fiscal year in the event that funds are only appropriated for a ,portion of the fiscal year and funds for this Contract are no 10'nger available_. This Se,dion sha1l1ake precedence in the event ofa connict with any other covenant, term, condition, or provision of this Contract. W. ENVlRON~IENTALLY PREF'ERRIW PURCHASING AND ZMW WASTE REQUIREMENTS. CONTR..<\CTOR'shall comply with the City's Environmentally Pre,rerred Purchasing policIes which are flvailable at the City·, Purchasing Department which are incorporated by reference and may be amended from time to time. COKTR.A.CTOH. shalt comply ,.,'jth waste reductron" reuse, recycling and disposal requirements of the City's Zcro Waste. l}rogram. Zero-Waste best pfllctice-s include first minimizing and reducing waste; ~econd. reusing waste and third. reeyeling or'eomposting wu,u'e. In p!lrticular, Contractor shall comply with the fol1owln~ zerq wan~ requirem~nl,s: AU printed materials 'provi,ded by Contractor to City generated trom a personal computer and printc.r includjng but not limited to~ proposals, quotes, invoices) 'reports, and pub'lic education mllter.ahi, shall be double-sided end printed on a minimuJJl of ~O% Dr greater post-consumer content peper, unless otharwise approved by the Citfs Project Mu"llger. Any submitted :materials printed by a profcssional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetllhle based inks. • Goods purchased hy Contrllctor on behalf of the City shall be putthased in accordanee with the CIty'S Envlronmentai ,'Purchasing Policy including but not limited to Extended Producer Responsibilit~ requirements for produCts and packagrng. A eopy of this poHey is on file at the PurchaSing Office. • • Reusable/retumable pallets shall be taken back by-thc'Contractor, at no additional cosllo the City, for reuse or recycling. Contractor ~hall pro-vid~ documentation from the facility accepting the paIlets to verify that pallets are not being disposed. X. AUTHORITY. The individual(s) executing this Agreement re-present and warrant tha( they have the legal capacity and authotity to do so on behalf of thC!ir re-spcctive lcgal entities. "._. CONTRACT TERMS: All unchecked boxes do not appJy to this Conlracl, IN -WI11\'ESS WHEREOF. the parties hereto have by the'ir duly authorized representatives executed tit is Agreement on the date first above written. CITY 0.' PALO ALTO City Manager or Designee Approved as to form: Senior Assistant City AttorDey l Rev, JilnUQI:' t:, 2010 \\C~wllmll\5hal'llld\ASD\j>L'RCH\SOL!CIT A TIONS\CURUNT IJUYER·CM FOlDERS\l.mUTlES -CAROL YN--N\,,:;:.FPJU-4u%~ GeT vin g,S.!!wer\FINAL CO NT ELA,. C1\C 1214M66,do c EXHIBIT A SCOPE OF SERVICES 1.1 Proposed Methods to Collect Lateral CCTV Data: Hydromax USA LLC. (Consultant) shall inspect approximately 18,000 sanitary sewer laterals and approximately 1,000,000 LF of associated sanitary sewer mains for the presence of natural gas cross bores with robotic lateral launching CCTV cameras, manual push rod cameras, and lateral cleaning equipment in a professional and workmanlike manner. The laterals to be inspected exclude approximately 140 critical facilities previously inspected by others. The work shall be compensated according to the fee schedule attached. The work shall be performed according to the requirements of Attachment C, City of Palo Alto Contract General Services Agreement, except where more specifically stated herein or in attachments. Consultant shall make reasonable attempts, as defined below, to inspect all sanitary laterals between the tap connection at the main sewer to the point the lateral enters the building. Consultant will accomplish this by placing a robotic lateral launching camera at the downstream manhole to remotely search for the presence of cross bores in the manhole, main sewer, and laterals. The robotic lateral launching eqUipment that shall be used, will enable inspection of laterals from mainline sewers 6 inches to 36 inches in diameter. Sewers greater than 36 inches in diameter will, as necessary, require confined space entry to hand place the lateral camera head in the tap from inside the main sewer. Consultant will traverse the main sewer to each tap and launch a steerable, pan and tilt, lateral camera up to 120LF from the tap connection where the structural condition of said pipes allows for passage of the camera. Should Consultant encounter multiple laterals converging in a single tap, Consultant will utilize the steerable lateral camera with guide pin to inspect the adjoining laterals separately by identifying each pipe as an independent inspection. Such adjoining lateral inspections shall be treated as separate inspections for identification, data submittal and invoicing. The intent is to video every wastewater lateral and branches from the main to a single structure in one video. If there are separate taps off the main to the same structure, separate videos of each lateral shall be made from the main to the structure. If there are multiple structures branched off the lateral on the same parcel, separate video to each structure shall be made from the main to the structure. If there are multiple structures branched off the lateral to different parcels, separate video to each structure shall be made from the main to the structure. If there is an abandoned lateral at the curb, a separate video to the cap shall be made from the main to the capped end. Lateral risers and dead end branches shall be part of the lateral video inspection. Consultant shall perform the inspections of both mainline sanitary and connected lateral sewers using pan and tilt cameras. All lateral sewers shall be inspected per NASSCO LACP requirements. Mains shall generally not be coded except for basic observations starUstop, footage, lateral locations, major defects (severe break, cannot proceed, cross bore). Consultant will ensure range of view, lighting, picture quality, rate of travel and pan and tilt at serious defects are upheld to support this goal without impeding the inspection process. All cross bores observed in the mainline sanitary sewer and in the connected lateral will be recorded as a defect and reported immediately as provided below. 8 Rev. January It,2010 IICc-terralsha"dIASDIPURCHISOLlCITA TIONSICURRENT BUYER-CM FOLDERSIUTILITIES -CAROL YNNIRFPslI40966 CCTVing.Sewer\FINAL CONTRAC1\C J2140966.doe Consultant will verify the limits of the inspections by identifying the location of the camera head by means of radio sonde transmitter contained within the camera and a sonde receiver on the ground surface to identify the actual limits of inspected lines with 33 or 512 MHz sondes. In the event a lateral cannot be fully inspected from the tap connection it may become necessary to inspect the remaining portion of the lateral by means of manual push rod cameras. Lateral inspections up to 200 feet can be performed using push rods. Radio sonde and receiver equipment will be utilized as described above to ensure a complete inspection to 5 foot beyond abandoned inspection from the main sewer, or to the tap connection of sanitary lateral to sewer main, as necessary to allow for a combined inspection for a complete traverse of the lateral. Push rpd inspections will require an access point of no less than 3 inches inside diameter via an exterior clean out or upon approval through alternate means such as removal of toilets for direct access to the sewer within foundation. Consultant will contact the structure occupant to request entry for inspection in the event inspection from the mainline was incomplete and a suitable external access point is not available, unless the City provides instructions otherwise in advance. In the event a clean out is not present and the customer will not allow a toilet to be pulled, Consultant can sometimes accomplish the inspection by accessing the roof vent on single story homes. City may elect to install an exterior clean out. Consultant shall refer the need for alternate access/exterior clean out installations to the City. Consultant will retum post installation and inspect via push rod through the newly installed clean out. It is preferable to have a 'Tee" style or "Double Wye" clean out installed to allow for multidirectional inspections of the push camera. Where inspections are not able to be completed with reasonable efforts, and such completion has been hindered through structural problems or blockages, ConSUltant shall inform City of the limits of the incomplete inspection. This information may be used by the City to determine the improvement that the City may elect to use. City is not required to make any improvement of pipes and may do so at its sole option. ConSUltant proposes to track laterals requiring push rod inspections to complete the pipe segment and coordinate with property owners for scheduling of inspections at the earliest convenience of the building occupants. If after three attempts to make contact with property owners ConSUltant is unsuccessful in gaining access, Consultant will make contact with City to determine how to proceed. ConSUltant will return all work sites to equal or better conditions found prior to performance of said inspections. Mainline sewers shall be inspected "as is". No cleaning for observing defects shall be included. City represents that their mainline sewers are on a preventative maintenance schedule with mains cleaned approximately every two+ years. If cleaning is needed to assist in the traverse of the mainline sewer Consultant will request City to clean the mainline sewer, The area to be cleaned will be clearly identified and communicated to City by email or in another manner agreed upon prior to starting the project that allows for documentation of such request. In the event a lateral pipe segment cannot be fully inspected after reasonable attempts to remove obstructions or traverse because of poor structural condition or attempt/s for alternate access is/are not successful, Consultant will provide all the information obtained to City for City's determination of possible solutions or to determine if enough information has been obtained to safely assess the proximity of uninspected portions of pipe Consultant will capture all recorded CCTV data in a format compatible with P.O.S.M. software and suitable to uploading into ICOM software. Consultant will coordinate with ICOM to meet 9 Rev, Ja.'1uary 11,2010 \\Cc·-[crra\shared'.ASD\P'URCH\SOUCITATJONS\ClJRRENT Bl,'Y'ER-CM FOLDEru."'\UTILlTIES ~ CAROLY~~Rrps\140%6 CCTVing.Sewcr\Fl""; AL CONTRACT\C12140966.doc their specifications. Collected data will be sent to Consultant's data center for quality assurance, progress updates, and creation of the electronic deliverables called for in the specifications. The video shall be annotated using the software. One copy of video logs and hard drives or downloaded color video and audio information shall be provided to City's contractor, ICOM or to other location as directed. Consultant technicians and project manager will remain in regular contact with designated representatives of the City assigned to Consultant work areas in order to provide daily activities, work locations, progress, and findings requiring immediate attention. If or when a cross bore is identified Consultant will immediately notify all required parties as determined in the kick off meeting, clearly identify the location and approximate depth of the breach, protect the breach from outside damage by remaining on the location with the breach in view of the camera until a City representative authorized to relieve Consultant crew(s) arrives (wait time is expected to be less than 60 minutes). An independent video, image, and report will be generated for each cross bore discovered and delivered post Consultant ONOC. The flow chart for project showing major steps is attached. Work hours that are necessary for completion of the project, which are not within 8 to 5, shall be subject for obtaining a noise variance. It is our intention to try and work at least every other Saturday if possible. Inspections of arterial streets that have different work hour requirements will be scheduled accordingly. Night, weekend and evening work may be scheduled due to high flow conditions, traffic, accommodating structure entry to owner's convenience, etc. Business districts of the University area between Alma and Middlefield and the area on California between EI Camino Real and Park, shall not be inspected between the week before Thanksgiving through New Year's Day. City shall provide GIS mapping system and minor order records for City facilities as available. Consultant will use such mapping and information from City to plan and execute inspections in addition to other information including review of physical assets. Consultant shall be responsible for damage to public or private property that occurs because of our inspection activities. Consultant believes that there will be some laterals that are not capable of being inspected without replacement of the lateral line due to structural defects or other causes after reasonable cleaning attempts. When reasonable cleaning efforts of a single lateral (1-1/2 hours) using either high pressure jetting and/or City approved non-cutting mechanical cleaning equipment in combination with cameras is unable to determine the presence or absence of a cross bore, the cleaning efforts shall be abandoned and the City shall be informed. City may require no further actions by Consultant. If all of the items associated with this paragraph have been performed, but Consultant has not been able to clear the entire line, Consultant will provide all of the collected information to the City and Consultant will be compensated as if the lateral had been cleared. 1.2 Meeting Project Deadline Consultant shall inspect approximately 18,000 laterals and the corresponding main sewer involved in inspection of these sanitary laterals. Consultant will begin on July 19, 2011. Consultant will provide adequate mainline launch lateral CCTV inspection tnucks and crews to inspect all laterals by December 31, 2012. Initial equipment and crews will increase periodically throughout the project. Additionally, Consultant 10 Rev, January 11, 2010 \\cc~terra"'$hared\ASD\PURCH·..sOUCIT A TIONS\CURRENT BUYER-eM FOtDER..,)\UTlLfTJES -CAROL YN"N'lRFPs\}40966 CCTVing,Sewer\FINAL CONTRACT\C12 j 40966.doc plans to add temporary mainline launch lateral CCTV inspection trucks and crews during winter months. Consultant will provide adequate equipment and crews to complete these inspections prior to December 31, 2012. Consultant shall refer all problematic laterals to City for completion of clean out installation, scheduling, re-inspection and all other labors for said problematic laterals, defined as those in excess of reasonable efforts as described in section 4.1 or those that are otherwise inaccessible. This corresponds to the City management intention to free Consultant lateral launching crews to be unhindered or undelayed by lateral inspections requiring extraordinary lengthy or unusual measures beyond reasonable described in section 4.1. Consultant will perform inspections in restricted areas early in the project to make sure the limitations of those areas will not impede meeting the 12/31/2012 deadline. 1.3 Verification of Completion (All of Section 4.3 is to remain confidential) Consultant would perform QAlQC checks on 100% of all the collected field data. These checks include data analyst office review of all videos, logs, and crew reports against supplied contract documents, mapping, GIS shape files, and area survey form performed prior to pipeline inspections. Consultant will ensure every known sanitary sewer pipe segment potentially affected by the presence of natural gas cross bores has been inspected and approved by data analyst independent of the inspection. However, incomplete pipe lines that have not been able to be inspected after reasonable effort will be listed as incomplete and will not be categorized as cleared. If improvements to the pipeline allows for later inspections to be completed, the line will then be listed as complete and cleared of cross bores of gas lines. Consultant shall perform the following tasks to ensure each lateral awarded for inspection is completed: 1. Prior to beginning any inspections it is the policy of Consultant to gather in all available mapping of the sewer systems, gas systems, satellite imagery of entire work area, address lists, and area approval forms. The area approval form, shall include a drawing created from available information or on site and agreed upon with City, to clearly define Consultant inspection limitations prior to inspecting any sewers. These exceptions are expected to exclude the 140 critical laterals previously completed. Included in this form is the following base information Consultant's pipeline data analysts uses the following to track completion and compare against incoming field data. • Total LF of sanitary sewer main required to reach all affected laterals • Total number of buildings potentially affected by trenchless installation of gas lines • Total manhole to manhole pipe segments to inspect • Drawing of above listed findings from site survey coupled with information provided by sewer mapping defining sewers not identifiable on ground surface. This will include main segments crossing bore paths at intersections and lines without manholes to identify. 2. Consultant will perform all laterals in the project area. City will provide mapping detailing the boundaries of areas containing gas lines for cross bore investigations. 3. Data analysts create punch list based on the collected field data contained in the above documents. 11 Rev. January 11, 20ID IICc-terralsharedIASDIPURCHISOLICIT A TIONSICURRENT BUYER-CM FOLDERSIUTILITIES -CAROL YNNIRFPsl140966 CCTVing.Scwcr\FINAL CONTRACT\C12140966.doc 4. Crews will use templates for pipeline inspection software designed to ensure contract deliverable requirements fields are entered. Technicians are prompted to progress through data collection and inspections to assist in all the predetermined information being collected. 5. In areas where delineation of the limits of inspection have not been determined, Consultant shall schedule an onsite meeting with City project manager, and Consultant technicians to physically walk project where delineation of the limits of inspection have not been determined to discuss any last minute changes to scope, or area approval forms, as well as, City expectations specific to inspection site beginning with lateral launching CC1Y crews. 6. GPS points shall be captured at the mainline/lateral connection, property line clean-outs, and at the furthest point inspected in the lateral. The cost to do this is buill into the cost provided. This cost assumes that we will be capturing a GPS point on a cleanout that is readily seen in the yard, or based on the location that the sonde provides when viewing the cleanout invert with a camera. Consultant will not be expected to uncover any laterals in the field and then take a GPS point. 7. 'Pipeline data and GPS data is transmitted daily to analysts for ONOC through ftp site or other means. 8. Consultant data analyst shall review videos, other data and uses GPS findings to ensure project limitations are met based upon comparison with previously provided information. 9. Any incomplete segments shall be recorded in Consultant data-base and referred for lateral launching CC1Y crews for rework or to push rod technicians via electronic work orders. 10. Push rod technicians shall be instructed to attempt inspections received through work orders. 11. Data from laterals completed by push rod technicians is uploaded daily to analysts for ONOC through ftp site or other means. 12. Each attempt to enter a building for completion by push rod crews is recorded and tracked until 3 attempts are reached. Weekly reports from data analysts are issued to City and Consultant project manager listing unsuccessful attempts to complete inspection of sewers and subsequenlly gain access to buildings. 13. Consultant project manager and City shall reach a decision on how to proceed with unsuccessful entry buildings. City will inform Consultant of its decision. Consultant shall relay status and decision for future actions of said lateral to data analyst to enter final result for lateral in database or request additional inspection efforts by Consultant crews, Le. after a clean out is installed or access to structure is allowed. 14. Laterals requiring push camera inspection that cannot be completed without an access point being created are referred by data analyst to City for City's determination if a clean out installation will be scheduled. The incomplete lateral Shall be marked incomplete in data base. Subsequenlly, if an inspection can be completed the status will be changed as appropriate. 15. Upon City notification to data analyst of clean out installation being completed, data analyst reissues work order for lateral to push rod technicians. 16. Steps 9-12 repeated to completion of lateral. 12 Rev. Januruy J 1, 201 0 \\Cc'~rTa\shared\ASD\PURCH\5mUCIT A TIONS'CURRE}:"T BUYER-CM FOLDERS\UllLmES -CAROL YNN\RFPs\1411966 CCTVing.Sewer\FINAl, CCJSTR.A.CI\C 12140966.doc 17. Data analysts will show GPS infonnation for tap and foundation for every lateral identified through main line inspection thereby providing GPS map based project tracking. GPS points shall be accurate to within two (2) feet unless there are structural, canopy, or other physical restrictions. It should be noted that current Sonde/Locator technology also has a similar accuracy. This will aid project management in identifying which laterals are complete, incomplete, and the current status of each address based upon Consultant color coding key. If a wye lateral is identified, the tap of the branching lateral shall be the wye. 18. All data shall be made web accessible both internally for project management and to City for remote real time (within 72 hours after receipt of data from field crews) viewing of Consultant progress within any given area as noted by approval forms and attachments. 19. Data analyst will determine completion by query all predetermined addresses through Consultant project database. 20. Any incomplete laterals associated with query attempt will populate as red flagged and data analysts will not mark as complete until lateral status is entered as complete and up to 3 GPS points attached. Once City has determined that incomplete laterals will not be subject to further actions for inspection by Consultant, data analysts will indicate in the data base that the incomplete inspecUon requires no further action by Consultant. 21. After all above criteria has been verified by Consultant data analyst, the data analyst will generate and transmit extemal hard drives to City or designated representative. 22. Subsequent to passing QAlQC processes, information shall be transmitted by Consultant data analyst to ICOM or other designated representative of City. The above process along with the flow of work is shown on Consultant's Gas Services Legacy Inspections Flow Chart Final Work Procedures -Palo Alto (see end of this section). 1.4 Contingency Plans for Site Conditions At the kick off meeting Consultant will request the preferred order of inspection areas from City officials, if any. Consultant will incorporate knowledge of City to ascertain its optimal scheduling of inspections. Palo Alto officials will endeavor to exchange information of local events in and around areas of the highest public exposure such as the business districts, parks, schools and universities, parade, festival, and high volume traffic routes. Consultant will schedule work around such areas and events as to minimize inconveniences to the community. In the event Consultant encounters man holes in areas where flow of pedestrian, vehicular, or event traffic would be affected by the presence of Consultant crews, ConSUltant shall make every reasonable effort to find alternate points of entry for sewer manholes. Consultant may coordinate alternate times (after normal hours or weekend) 50 as to minimize conflicts with businesses. Consultant will make every reasonable effort to avoid manholes reqUlnng trucks to park in grassy or landscaped areas when possible. Based on discussions with City officials and our previous visits to survey the prospective work areas, Consultant believes that most of the manholes are situated in roadways where damage to ground surface surrounding manholes will be inconsequential. Should Consultant have need to access manholes in grassy areas ConSUltant shall request use of plates from City or at minimum use plywood to minimize tire tracks in soft restoration areas. Consultant shall provide and use plywood as necessary to minimize tire tracks in soft restoration areas. 13 Rev. January 11,2010 \ICc-tcn-,lsh'redIASDIJ'lJRCI-~SOUClT A TIONSIClJRRcNT B\J YER·CM FOLDERSIUTILITIES -CAROLYNNIRH',\140966 CCTVmg.Sewer\FIN AL CONTRACT',C1214Q966,doC' Should Consultant have no other option but to access man holes on private property, or in easements connected to private property, Consultant will first make friendly requests to access private property for the purpose of completing inspections. Consultant will extend every courtesy to the residents of City when working in proximity of driveways, parked vehicles, sidewalks, place of residence, or place of business. Consultant will as courteously as possible attempt to coordinate inspections with the blessings of nearby affected individuals as to not block driveways, flow of patrons with local businesses, or endanger the sanctity of private property. Consultant will seek the assistance of City officials when refusal to access mandatory points of entry should occur without provoking or disturbing residents when such refusals arise. Consultant will move to the next closest point of access and continue inspections elsewhere until City can resolve such occurrences and facilitate entry for Consultant. 1.5 Operator Qualifications Consultant requires every technician to pass a set of rigorous training programs prior to being allowed to represent our name and perform as· serious a task as cross bore eliminations. Training for our technicians includes the following: o Basic and advanced knowledge of muniCipal, residential, commercial, and industrial plumbing systems. o Adequate computer and software skills to perform high level data collection. o Proficiency in line and sonde locating. o Training in the protection of and safe practices regarding themselves, the public, and the work areas. o Traffic control procedures. o Effective communication practices. o Training on the operations, troubleshooting, and repair of both mainline lateral launching CCTV equipment, and manual push rod equipment. o Data storage and management practices. o Gas installation procedures. • Safe travel practices. o Mainline launched CCTV operators have to hold the position of operator assistant for a minimum of three to six months before being eligible to start actually performing lateral inspections independently. o Mainline launched CCTV operators must complete gas cross bore inspection training, pass written exams and demonstrate proficiency with all tasks associated with running a project, following project specifications and operating equipment. o Mainline launched CCTV operators shall have at least 2,000 lateral inspections on gas cross bore projects before they are permitted to work on this project o Push rod operators must have plumbing and drain cleaning training. o Basic electrical knowledge and factory training from manufacturers on advanced robotics repairs and wiring for repairs conducted in the field. o Typically work as a helper or technician for 6 months before allowed to operate the equipment independently under the direct supervision of the training operator. 14 Rev, January LI,2010 \'.cc·"",.\sha .. d\ASD'J'URCH'~OLlCITA nONS'CURRENT BUYER-CM FOWERS\lJTILmES • CAROL YNNlRFP,\ 14Q%6 CC1Ving,Sewer\FINALCONTRACnC I 214fr..l66,dm: • Upon passing numerous written and task related tests, new operators are paired with veteran operators on the same projects to fine tune the newly promoted operator and observe the completeness of the training process. • Ongoing education and retesting to keep individuals sharp and up on current practices. • All operators report to project managers with many thousands of lateral inspections and hundreds of thousands of mainline inspections to observe and uphold quality and completion of all assigned tasks. As noted in the "Staffing Section' of our proposal, it is our intention to have Adam Petrzilka as the initial and primary CCTV truck operator on this project Adam has performed approximately 2,000 lateral inspections. We estimate that he will have completed an additional 500 inspections prior to deploying to City. Adam posses all the technical, and communication skills required to successfully complete this project. We believe that while he does not have the 5,000 inspections as requested in the proposal, that he has the best qualifications for successfully completing City's project and is LACP certified. Any additional CCTV truck operators who are deployed will have completed the training and testing listed above and will have performed at least 2,000 lateral inspections before being permitted to work on this project without supervision. 1.6 Standard Traffic Control Plan During the course of performing pipeline inspections requiring manhole access, Consultant must maintain and protect work areas in a manner that ensures minimal disruption to the normal flow of traffic while fostering a safe work environment for Consultant crews. Safety for our team members and that of the communities in which we work is of the highest priority. Consultant has enjoyed a history of zero job site injuries stemming from traffic related incidents. We attribute this success to our strict compliance with applicable regulations, as well as, compliance with state and local DOT laws. In order to continue our tradition of maintaining safe work environments Consultant proposes the following measures: Consultant employs the use of a pre-mobilization checklist to confirm each crew arrives on site with the following standard traffic control equipment. • (20) 28' cones with dual reflective collars • Two signs for advanced warning and lane closure notification • All Consultant vehicle are equipped with DOT approved strobes, light bars, multidirectional arrow lights, and reflective decals • High visibility ANSI Class (2) PPE, as well as, pertinent materials for flagging traffic • Wheel chocks appropriate for the grade of the work site • Adequate barriers for protection of opened manhole • Adequately trained personnel to ensure traffic control and job site protection can be observe in light traffic areas. Consultant has based its pricing on the premise that when working on city streets the standard traffic ,control equipment listed in Section 4.6 is adequate. City street traflic control requirements in excess of traffic cones, portable signs and arrow boards on the CCTV vehicles is at additional cost to City. If additional equipment and labor is required to safely perform inspections on City of City streets, it shall be invoiced at cost plus 10% for rental equipment and at $75.00 per hour 15 Rev. January 11, lOUJ \\Cc·IO""lsh",d\ASD'-PURCJl\SOLJClTA·nONSlCIJRRENI' BUYER-CM FOLDBRSIIITILITIES . CAROLYNNIRFPsI140%6 . CCTVing_S~wer\FINAL CONTRACT\C12 140966,doc for additional labor more than the standard two person inspection crew, including labor of transportation of equipment to and from the inspection location. On roadways where California Law requires delineators or arrow boards for advanced warning, buffer zone, work zone, and taper zones, Consultant will ensure a sufficient amount of approved eq uipment is utilized. Such traffic control for CAL TRAN is at no additional cost to City. Consultant shall submit traffic control plans to City for approval prior to work commencement. It is the policy of Consultant to request on site meetings with traffic regulatory officials to direct Consultant as to the desired patterns, time restrictions, and communication requirements Consultant is to adhere to. Consultant project managers also performs random, periodic safety checks and grades individuals on the compliance with state and local requirements, as well as, enforcement of Consultant internal safety requirements. Should work occur during night hours or on state routes, Consultant requires all technicians to be in ANSI Class (3) personal protective equipment. 1.7 Public Outreach Plan Consultant will cooperate with City's efforts to educate and interact with the public to increase the real and perceived success of cross bore projects. Consultant encourages City's public outreach for cross bore education through many different mediums has proven effective in mitigating the risk of Cross bore exposure for all potentially affected parties and will distribute literature to structure residents who may inquire as to the operations during such operations. If efforts to contact residents include knocking on the door, Consultant will hang literature created by City on the door knob. It has been typical for the below listed methods to be the responsibility of the gas distribution utility by which Consultant has been contracted. ConSUltant has seen many different methods employed and will discuss the most direct routes for transferring this knowledge to the public. 1. Consultant employees are well accustomed to dealing with the questions and curiosities posed by the public during the course of our inspections. Consultant team members are trained to approach the delicate issues surrounding cross bores in a responsible and diplomatic manner without inciting unnecessary fears or alarm. Consultant push rod technicians having the greater part of exposure to residents through the course of entering homes and businesses are trained and have acquired the communications skills necessary convenient to communicating with occupants and the general public. 2. City shall provide templates for door tags and no parking signs with City logo and contact information to Consultant. Consultant shall post door tags in a conspicuous location at least 7 days prior to inspections and "no parking" signage as directed by City Police Department. No additional charges shall be incurred for the placement of these City provided materials. In addition ConSUltant field technicians will place a City provided tag denoting completion of lateral inspection on the external riser for gas service at the meter upon successful completion of inspection. 1.8 Emergency Plan Consultant will direct the project manager to review the awarded work areas and compile information pertaining to the following necessary components of an emergency plan. 16 Rev. January 11,2010 \\Cc~reITa\9hared\ASD\PURCH\.·mL1 crrA',"ONS\C{JRRENT BUYER-eM "F(JLDER.-";\UTILlTlES n CAROL YNN'<RFPS'\140966 CCIVlng.Scwer\FINAL CO:-;l'RAcnCI2I 4ll9DG.doe 1, Location, route, and contact information for the nearest urgent care, hospitals, fire, and police departments compiled and posted in all Consultant vehicles involved in this project 2. Predetermined meeting place in the event of disaster. 3. Acccuntability plan and designated chain of ccmmand in the event project manager cannot be reached. 4. Evacuation routes determined and posted in all Consultant vehicles involved in this project. 5. Training for Consultant technicians for confined space and blood bome pathogens ccnfirmed prior to allowing any employee to work on this project. 6. Confirmation of first aid readiness and location of M.S.D.S. sheet locations for Consultant crews, 7. Contact information and emergency contact protoccls as provided and updated by the City. 8. Earthquake preparedness training to be performed by Consultant project manager upon arrival of Consultant crews in City. 9. Continuation of work plan shall be discussed with and approved by authorized City contacts should major public emergency occur. In the event of an explosion caused by cross bores while Consultant is performing inspections in City, Consultant has made arrangements for a camera system modified for environments requiring explosion proof electronics to be shipped as a loaner to Consultant. Receipt of this unit can occur within 72 hours should inspections of sewer lines be absolutelY necessary where natural gas may be present in sewer lines. This equipment is approved for nuclear and gaseous environments. Any expenses related to such specialized equipment shall not be considered part of this agreement and will require addenda to the associated RFP. 1.9 CCTV Collection Methods ConSUltant proposes to inspect the sanitary sewer mains utilizing Rausch mainline/lateral launching CCTV cameras. This equipment provides optimal picture quality of both main sewers and lateral sewers for defect observation and a rotating lateral camera that provides navigation. Consultant will perform the inspections of main and lateral sewers in a manner that allows for post processing of collected data for the future P.A.C.P. coding if desired, Consultant will ensure range of view, lighting, picture quality, rate of travel and pan and till at serious defects are upheld to support this goal without impeding the progress of Consultant's primary goal of cross bore elimination. Consultant will utilize the minimally invasive methods available to ensure the lowest level of disturbance to the community and property owners. Consultant will return all work sites to equal or greater conditions found prior to performance of said inspections. In recent conversations, City has stated that their sewers mains are cieaned every two+ years. Because of this aggressive cleaning program we anticipate very little mainline cleaning will be required. However if heavy cleaning is needed Consultant will submit a request to City for cleaning, The area to be cleaned will be clearly identified and ccmmunicated in a manner agreed to by both City and Consultant prior to the start of the project. When cleaning is requested our crews will proceed to an area not requiring cleaning. The inspection of sewers with high water levels (greater than 1/3 pipe) will be addressed through night or weekend inspections (times that experience lower flows). If Consultant is still unable to provide quality 17 Rn,Ianuary 11,2010 \\C,·t=aIsh."rlIASDIPURCH\SOLICIT A T10NS\CURRENT II UYER·eM FOWERSIUTILITIES • CAROL YNNiRFI'SlI4lJ')1i6 CG1Y'mg,Sl!wcnFINAL CONTRACnC1214Q966,doc video City will be notified to determine if City wants to take additional steps to decrease flow levels, permit the higher flows, or accept the mainline inspection deliverable for the section of sewer in question as delivered by Consultant. Consultant will capture all recorded observations and pertinent data from CCTV crews to City above described spectfications using P.D.S.M. pipeline data collection software. Collected data will be sent to Consultant headquarters for quality assurance, progress updates, and creation of electronic deliverables defined by contract documents for shipment to City for review. Consultant technicians and the project manager will communicate regularly with designated representatives of the City in order to provide daily activities, work locations, progress, and findings requiring immediate attention. 18 Rev. January 11; 2010 \\Cc-'clTalshaccdIASD\PURCH\'>OLlcrr A TJONS\CURRENT BUYER-eM FOLDERS\UTILI1'IES -CAROL YNN\RFPs\140966 CCTV ing.Sewer\FrNAL CON1'RACT\C 12140966.doc EXHIDITB SCHEDULE OF PERFORMANCE CONSULT ANT shall perfonn the Services so as to complete the project in 18 monills from the Notice to Proceed (NTP). The NTP is scheduled to be issued on July 18, 2011. All tasks are to be perfonned simultaneously. The tenn of this Agreement is from July 18, 2011 to December 31, 2012 19 Rev. Janual)' 11.2010 \\CC~I.eITa\Shared\."S D\J'lURCJf\SOUCITA 110NS\CURRENT BUYERMCM FOLDERS\UTILITlES ~ CAROL YNN\RFP5\140966 CCrVing.Sewl'i\PINAL CONfRACnC12140966.uoc EXHIBITC SCHEDULE OF FEES Compensation based upon task CONTRACTOR shall perform the tasks as described and budgeted below. The CITY's Project Manager may approve in writing the transfer of budget amounts betweeI;1 any of the tasks or categories listed below provided the total compensation for the Services including reimbursable expenses, does not exceed $3,523,950. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to City. DESCRIPTION OF TASK Task I (CCTV & Document Sewer Laterals) Task 2 (Mapping to Track Progress) Task 3 (CCTV Sewer Mains) Task 4 (Additional Coding for Laterals) Basic Services Additional Services Total Not-to-Exceed Amount Additional Services NOT TO EXCEED COMPENSATION PER TASK INCLUDING REIMBURSABLES $3,330,000 $36,000 $included $157,950 3,523,950 $276,000 $3,800,000 The CONSULTANT shall provide additional Services only by the advance, written authorization from the CITY. The CONSULTANT, at the CITY's project manager's request, shal! submit a detailed written proposal for additional services. The additional services scope, schedule, and maximum compensation shall be negotiated and agreed to in writing by the CITY's project manager and CONSULTAl'IT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in the Agreement. Option!: PACP Coding for muinlinepipe would be performed al. cost of 0.135 if performed Option 2: Cost per additional!.t.r.l (Task 1) nol to exceed = $185 perl.teral, if performed. 20 Rev. January 11,2010 \\Co-tOTTlllsh"edIASDIPURCH\SOLlCITA TlONS\CURRENT BUYER-CM rOLDERS\UTILlTlES -CAROLYNN\RPNI40966 CLIVing.Sewer\FlNAL CONTRAC1\C12140966.doc EXHlBITD INSURANCE REQUIREMENTS CONTRACfORS TO TIlE CITY Of PALO ALTO (CITY), AT TIlEIR SOLF. EXPE:-ISll, SHALL FOR TIlE TERM OF TIlE CONTRACT OBTAIN AND MAINTAIN 1NSlJRA,"ICE IN THE AMOUNTS FOR TIIE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITII AM BEST'S KEY RATING OF A-:VII, OR IDGHER, LICENSED OR AUTHOruZED TO TR.4..'<SACT INSURANCE BUSINESS IN TIlE STAn; OF CALIFORNIA. A WARD IS CONTINGENT ON COMPLIANCE WlTIl CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW' MINIMUM I.lMITS REQUIRED TYI'E OF COVF.RAGE REQUIRE~mNT EACH YES YES YES YES NO YES I. OCCURRENCE AGGREGATil WORKER'S COMPENSATIO)l • STATUTORY E'dPI . .oYER'S ll~BlL1TY , STATUTORY BODILY INJURY $1,000,000 SI,OOO,OOO GENERAL LlABlUTY, [NCI.UDING PERSONAL INJURY, [lROAl) FORM PROPERTY DAMAGE $1,000,000 51,000,000 PROPERTY DAMAGE BI.\NKET CONTRACllJAL, AND FIRE LEGAL BODILY INJlJRY Be PROPeRlY $1,000,000 SI,UOO,OOO LIABILITY DAMAGE COMBINbD. BOlllLY INTlJRY $],000,000 $1,000,000 I -EACH I'ERSON SI,ooO,OOO $) ,000,000 AUTOMOBlUi LlABIlJTY, -EACH OCClJRRENCH Sl,OOO,OOO $],000,000 INCLUDING ALL OWNED, HIRED, PROPERTY DAMAGE $1,000,000 $1,000,000 NON-OWNED BODlL Y INTlJRY AND PROPERTY $1,000,000 $\,000;000 PROFESSIONAL LIABILITY, IXCLUIlIXO. ERRORS AND OML~SIONS, MALPRACTICE (WHEN A1'PIJCABLE), AND NEGI.JOENT PERFORMANCE ALL DAMAGES 81,000,oaO . , , . THE CITY OF PALO ALTO IS TO BE NAMED AS A.'l ADDmONAL INSURED: CONTRACTOR, A1 • ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND ! EFI''ECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE i INSURAl'lfCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND I ITS SlIBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' I COMP)~NSATION, EMPLOYER'S LJADIUTY AND .PROFESSIONAL INSURANCE, NAMING AS ! ADDITIONAL INSUREDS CITY, ITS COUNCII,!I>flll>1J3ERS, OFFICERS, AGENIIl, AND EMPLOYEES. I INSLJRANCE COVER.-\GE MUST NCLUDR: A. A l'ROVIS10:ol FOR A WRlTrEN TIlJRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVER.~GE OR OF COVERAGE CANCELLATION; A~ B. A CO)lTRACfUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE C'OVERAGE FOR CONTRACTOR'S AGREEMENT TO INOE;ANIFY CITY. C. DEDUC11BLE AMOUNTS IN EXCF-SS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL II. CONTACfOR l\flJST SUBMrr CER'I1F1CATF.s(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIO;./S, WlTH RESPECT TO TIlE INSURANCE AFFORDED TO "ADDmONAL INSUREDS" 12 Rev. January II I-2010 \\Cc-tclTJl'sh,,!"d'ASDIPURCHISOl.lCITAI10NS\cURREN1·IlUYER,(;'M FOLDIlRSIUTILITlES • CAROL YNN\RFPs114il%6 CCTVing.Sewcr\FINAL CONTRAC1\c 12140966.d"" A. PIUMARY COVERAGE WITH RESPECT TO CLAlMS ARISING OUT OF TIlE OPERATIONS OF THE NA!vlED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDmONAL TO OR CONTRIBUTING WITH ANY OTIlER INSURANCE CARRIED BY OR FOR lHEl BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY TIlE NA.\1ING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THA,T REASON ALONE, EXTINGUISH ANY RIGHTS OF TIlE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NA.\1ING OF MULTIPLE INSUREDS, SHALL NOT INCREASE TIlE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION I. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFEECTI\'E DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, Tim ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE TIlE EFEECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY m-PALO ALTO 1'.0_ BOX 10250 PALO ALTO, CA 94303 13 Rev. January u. 2010 \\Cc-terralsharedlASDIPURCH\SOLICIT ATIONSICURRENT BUYER-CM FOLDERSIUTILrrIES -CAROL YNNIRFP,1140966 CCTVing.SeweIIFINAL CONTRACT\C12140966.doc OPIO: LV CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MAnER OF ,v~ONLY AND ; NO R1GHlS UPON _THE '"-"_~'-'C'v~'" . THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTIER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S" AUTHORIZED REPRESENTATIVE OR _ AND THE CERTIFICATE HOLDER. : If the certlncate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, s'-!bj&et to the terms and condlUons of the pOlicy, certain PQliclslls may require an endoll>ement. A etatement on this certificate does not confer rIghts to the '. ___ .. ~ieuOf ",. I~~~I ~==:i~==3 • "rancn ••• 1 ~, ~~~~ Lavene ~~n~d" Sto, 2 ~-------j Trent flun,!,,'N 471.0 INSURED Hydromax. Inc, Hydromax USA, LLC, Hydromax Services LLC & Roto Rooter Po Box 70 Chandler,lN 47610 IIN'URER., I,NSURE.S, I,NSURERe, ... ," I ,.SUROR., NAle> A+. XV THIS IS TO C~~~FY THAT THE."OLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED !9 THE.I~,S!:l~"-D. NAMED ABOVE ':9.". THE POLICY PERIOD I I "MAY" I TERM OR CONDITIoN OF !IN':,~~,"''.cc_. OTHER DOCUMENT WITH RESPECT TO WHICH THIS <y;'-, ';~;;;";,, A':.~~-BEISSUE~ ~~ SUCH pn'-,',;;'~., I~J,TSSH6WNMAY HAVE'IE:: T"."~' ,e'"~D HEREIN IS SUBJECT TO ALL THE TERMS '~ ~'" ~ -= u.~ A YERAlllA .. LnvGENERAL L""!l1lY X 01/04/11 01104112 a : ~ p CLAtMS..fMD! 00 OC:CUR MED EX? I $ r • r GENE_ • ~ , Ix I POUcy il ~f,g, -[""''r LDC , UABll1rr A ~ ANYAUm r-ALLOWNEDAUTOS f-:-;-SCHEDULED AurOS ~ HIRED AUTOS [K HON-OWNEOAUTOS CERTIFICATE HOLDER X 01/04111 CANCELLATION CITYPA4 01104112 • • 100,OO( 6,OO( '" "n, CITY OF PALO ALTO PURCHASING AND CONTRACT ADMIN. CAROLYN BISSEn SHOULD AN{ OF TI-lE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXFlRAT10N DATE TIiEREOF, NonCE WILL BE DELIVERED IN ACCORDANCE WITH lHE POUCY PROVlSIONS.. I 250 HAMILTON AVE MEZZMIINE PALO ALTO, CA 94301 AUTHO~DRfPRE$ENTAnvE ~iA-~- © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registernd marks of ACORD • • • aOeM? COMMON POI.! CY CONDITIONS All CovOlage Pel1. inciooed III !hiS policy are subjed to thi! fClllowiIlQ CIlIKIJllons: Z. We may cancel ll1i& pollt:y or <II1Y Col(llt1l[ge PM by mlll1ing '" dellVOOng to till Ills! Named I""urea written rIOllCil Of cancellation Slleast: lie 10 days ~to .... tll& e(fedillll dale of CM· ceIIaliOn If WI! !lIIlleei for nO!1p11}111en1 01 I)femium; or • II. 30 days before lIle efl'ell!lw datil 01 can· IlIlllalicm If WE> eMeel mr 8ny olller lO!'" .$On. 3. We will mall or deliver <II.Ir notice 10 lhi! Ill'll Nomed lnsurad's last rrnIlIInQ addre .. knOwn to us. 4. Notie. of canaelllMicm wltl stille ll1e effeetMio dale 01 cencellalion .. nihil polley 14 CSIlceded, that date wilt beeome thlJ end Of 1M ""Ney perio<l If a Coverage Part Is cancelll!ld, that date will become IIIe end Of th~ p<lIIcy peeled >1$ respects !h.1 O""eNi.llll Perl Q!'\Iy. 6. K \ljis policy or eny Coverage Part 10 ""n· ulled, we will HnD lhe n£lll Named In ... ",d any premium ",'und due If _ cancel, the "'" fUnd "'" be pro (111". II the flm Named In· sured eo_IS, ill. rel\Jnd may ~. leu than pro roIa. The eaneeillilllon will ~. affective .... on II we have nat mild .. or alTered a r&- fund, 6" II nOl.lc<:> is I1U!Mot1. plOlll 01 malMng ... 11 be SlJlfn::iem proof of ntlIIC8. B. Cllanges This pallcy <;:OI'I!aimI oW the .Jgl'lNlmel'llll \leIweQn Y"" and us IlIlIlCeITIIIl9 lite iI1!JIJmnce 1Ifi<>r<Ied. T\lf: first Na_ 11IIlured silmon In tile lJ9CIm. lions is autborizot1 l<l m""" dlllJlgllS In tile terms Of lIlis poliql IOIIb our _nl11lIS P"ll<:fs ,_ ean ~ llmend<o:l or WIl'Ved on". l:Iy endOl'!ll!llllllU i'SSUed by .... "" pllft nI thl, policy , C.. Examlnalion Of Your BO<lks And RlM:orda We lMy eumlne and audlI your beoks l1li(1 ",coms "" Illoy relate ID II1Is poll,,\, uI any flme dUrlllg tile> po>Il&}' p;;r1cd "'''' up to IllIM )1911'" afterward. D. Inspeclil'/I& And SliM!)'" to' W. Mve1!1e light 10: a. Make illSllllClions lind """"15 at any lime; b. Give you repom an lIIe condlIioll5 WI! 11m!: and t.. RB&omm8Ddmanges. 2:. w. ..... not QI>Ig8\>ld 10 make MY inspeoo lions. 0UJY8)'II, """'"" or recllI1II!lendellans and any _ adlI),.. WI! 00 undertBkB I'I!llIIe onlY to IftsImIblllly and the prel11\unv; to be ob"'ljod w. do "'" make ~1II9!y iIlspe<:tlon5e We dlllIOIlllldertal\e Ii) pe!1'Orm lba dulY of any fleI5IlII Of 0I'!l1ll11~ to Il!OVi<Ie fur II\IiI healll1 Of ~y at WCrl<J!rs or lIle puIlIl~. And .... 0<> nat """"'nllhet condlficmB' II. A18 •• or heal\llful; Of b. C<>mply with laws. regulallQ/lS. _ or stan_, 3. P3IagrapIIS 1. and 2. of ihlll alndllion aPPlY n.1 only to .... but alsO 10 3IIy 1'lIIing, ot1vl· SOlY, mi. ~k:a 01 similar QIIl!nl2!ltlon lOflldl _ II1St1rance illspedlons, 5un1l>y11, repona Or _lKIaUon .. , 4. PamgraPh 2. 01 !ilia mnd1l1<:>l1 daM /ICII appIr to sny Inspecti,ns. SUIYfIY$, l&porIs or llIO' cmmendaUons ... may maks Il!lalr"", 10 colt!- DoaIian,l!IIder 'lillie or m.nlcipal sIaIuIa!I, ".' dinanoos or ","ulallons, of !Xilkn, preoo .. 18 vessel. or &le .. alM> E. _I\I1II. 1, The first Named JJ'IIlllRld sh""," In the Olio'"" !3Uon$: •• Is 19Spor\SlllJe lor !he paylMllt 01 all PI"'" m!um!I: an(j b. WI1I be me payGIl rot any relum pmmj· u"'" "'" pay .. 2. we cornpt#o ail prIlmJum. tar thb pulley In acrords"", ""'11 our 1'UIes, rates, rating pis.,., ;Uem11Jlll5 and minimum "",mlums. The 1I1e- mium ~_ III !he Deelamions was oom- puled ilased on rates and rul"" In !Ifloc\ at Pnge! r1I2 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This end"""""enl modllle.s Insurance pmvlded um'.r lhe foJlowlng: COMMERCIAl. GENERAlllABIUTY COVERAGE PART 1. WHO IS AN INSURED -(Secdcn III is amended I, Inelude any PEt"",n or orgenlzal!on lhat you agree in a ''wrltbm contract requiring in5lJl'i!m,~· to include as an addlllilnal Insured "" this Cover· age Pal1. but; a) Only v.tih respecl to IlabilHy lor "hodI1)IInJul)". "propallY damage' or 'pelliOnaJ Injury"; and b) II, and only 10 the extenl that, the Injury or damage is caused by ads Dr omfssions of you or your subcontractor In the performance of "your work' to Which the 'Written conlract requiring insuranco" applies. TIle person pr organization doos not qualify as an addkional insured wUh "",pee! to Ihe Ind.PQndent oc:ts or omissioos of 5UCh penion or organization, 2. Tho insurance provided to the additional insul1ld by this endorsement Is limited as follows: a) In the event that tho Limits or InsurancE! of this Coverage Part shown In Ihe Declarations exceed the limit. of liability roquired by the "written conln!ct requiring Insurance". the In- surance provided to Ihe addHional insured shall be IImijed to the limits 01 liability ,..,. quined by that "Written o.ornrncl ",qulrlng In- surance'. Thl. endorsement shall not In- crease the limits of in. uranGa de.cnbed In Sectron 111-Limits or Insurancs. b} The insurance provided to the aadkiona\ in- sured d~ not apply to "bodily injury", 'prop- erty damage' or "personal In!ury' analng out of the rendenn!> of, or falluro to ""''''". tiny profe..uonal erchllectural, "Il!llneorrng or su,. veying service&, Includlng: i_ The preparinG!. approving. or l"m~1i to prepare or approve. ma"". she" draw- ings. opinions. reports. 'Urlleys, field ",. dees or change orders. or the preparing~ apprcv1ng, or r",llng to p"'Pilr" or ap- prove. drawings and specifications; and If. SUI"""lsoljl, !n,;peenon, archltacturat ar engineering ael/vitias. c) Tho blsurance prOllJded to the addltion.1 In- """,d de." no! apply 10 "bodily Injury' or "property damage" caused by "y<)ur 1Wlr1<." snit incll.lded In the "produf$>Qlrnpleied op- ornUons hm:ard' unl ••• It!o 'wriItM cc>Wllct l1Iquiring insurance" spocfficrally "'quires you It> provIde such COV!Ir'IIIl" for that additional Insured. and then Ihe iosuranoe provided 10 the addllbnaJ insured appiles only tn .uch "bodily I~Jur:r or "property damago-that oc- curs belon', the end 01 the period 01 time for which tile "w~l!&n contrac:t requiring insur- Mce" requires y<)u to provide such coverage or the III1d 01 1ho polley ~nod. whIchever I. earlJer, 3. Tho inllurance prtWided to the additlonalln.ured by this endorsement Is excess over any valid and coliecUbl. "other insurance". whether primary. axe""". conDngerrt or On any other baSiS. that i. !MIilabl. to thi! additional insured lor a 10$$ we cover under this endorsement However, it the "written conltllct requiring Insurance" specifically l1Iqulres that this Insufance apply On • primary basis or a p~mary and non-contributory baSis, tills insoran"" Is primary to 'other insuran",,- ••• lIable to the eddHionai insured whloh covers that person or orgsnlzaUon as e named Insured for .~n Ie ... and we will not sham with thot "other InsurllIlce'. Sut the Insurance provided to t1. add"!onal Insured by thl. endorsement s@ is ''''C''S8 over any wild end collectible ·~th.r In- surance"" whether primary, axcess, contingent or on any other b ... 15, that I. ""allable to the addi- uon$llnsul!ld when that ""rson cr organlzBUon is an additional Insured under such "other Insur- 1!!I1<le" , 4, As Ii <XlndlUon 01 co ..... rage provided to the sddlUonal [n ... ",d by this. endorsement: 8) The additional Insured must give us wrtrtsn noll"" Il$ SOOn as praQlillabie of an 'occur-"'"""" a, !In oll'enli/il Which may restJll in a Claim. TO tta extant pMslble. StJth notice l!hOuld Indudc: CG 024608 05 @ 2()05 The Sf. Paul Tmvelers Campen;,"" Illc. Page 1 of:1: COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrenceII' or offense took place; II The namas and addresses of any injured persons and witnesses; and iii, The nalUre end location of any injury or damage ar1slng out of the "occurrence" or offense, b) If a dalm I. made or 'sull' I. brought againsl tile additional Insured, the additional Insured must: I, Immediately rerord the specf4ics at Ine daim or ....... iI· 8I1d the date receivad; and It, Notify us as soon as preclicable, The additional insured must sea to it that wa receive written notice or the claim or ":suit" as soon as praclicable, oj The addillonal insured must Immediately send us copies of all lell81 papers received in oonneclion with tile claim or 'suit", cooperate with us In the investigation or settlement of the claim or detense against the usUit". and oIherwll;e comply With all policy condlUans. d) The eddnlonel insured must tender !he de- fenee and Indemnity of any claim or "suit" 10 any pravlde, of "other Insurance" which would cover the additional Insured for a loss we cover t.mder this endorsement. However, this condition doas not affect whether the Insur- ance prOlilded 10 the additional insured by this endorsement Is primary 10 "other insur- ance" available to the additional insured which covers that person or organizatron 8S a named insured as described In paragraph 3. above. !5. The following definition is added to SECTION V -DEFINrrlONS, "Written contract requlrfng insurance" means that part of any written con!reet or agreement under which you are required to include e person or organization as an additional jn~ l!l.II'Ild on this Coverage Part, provided. that the 'bodily injury" and "properly damage" oc- curs and U1e j'personal injury" is caused by an offense committed: •• After the .ignlng and execution of the contract or agreement by you: b. While that part of the contract ar agreommt Is in effect; and c. a.fore Ihe end of !he pOlicy period Page 2 012 e 2005 The st. Paul Travelers Companies, I~c CG 02 46 08 05 *NOT YET APPROVED* 110617 dm 0073564 Resolution No. Resolution of the Council of the City of Palo Alto Approving An Amendment to Utilities Rule and Regulation 23 of the City of Palo Alto Utilities Pertaining to Special Wastewater Utility Regulations The Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 23 (Special Wastewater Utility Regulations), Part B, pertaining to Hauled Waste, and Part C, pertaining to Maintenance of the Wastewater Collection System, is hereby amended to read in accordance with sheet numbers 1 through 11, attached hereto and incorporated herein. The foregoing Utilities Rule and Regulation 23, as amended, shall become effective July 11, 2011. SECTION 2. The Council finds that the adoption of this resolution does not constitute a project under the California Environmental Quality Act, California Public Resources Code section 21080, subdivision (b)(8). INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ___________________________ ___________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ ___________________________ Senior Asst. City Attorney City Manager ___________________________ Director of Utilities ___________________________ Director of Administrative Services SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 67-111-20102011 Sheet No 1 A. GENERAL In addition to the general requirements outlined in Rule and Regulation 18 for Utility Service Connections and Facilities on Customers’ Premises, the following is required: B. HAULED LIQUID WASTE The discharge of hauled liquid wastes is regulated by the Palo Alto Municipal Code 16.09.110. The following Rules and Regulations are to implement this Provision. 1. PURPOSE To provide a means of treating certain waste prohibited from entering the Wastewater system, City of Palo Alto Public Works Department operates a Hauled Liquid Waste Treatment Site at the Regional Water Quality Control Plant (RWQCP). Certain wastes may be hauled to this site for treatment and disposal. 2. WASTES ACCEPTABLE FOR TREATMENT a. Hauled septic tank wastes b. Portable toilet pumpings c. Grease Trap wastes 3. HOURS OF OPERATION Hours of operation for the Liquid Waste Hauler’s Treatment Site shall be as established by the Manager, Water Quality Control. 4. WASTE IDENTIFICATION The hauler must provide a liter sample, taken in the presence of a waste treatment plant operator, of the contents of each tank to be discharged. The nature and source of the waste will be verified before the truck is permitted to unload. If laboratory analysis indicates that the material is not as represented (septic tank waste or toilet piping from a domestic source) the hauler’s permit may be revoked. SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 67-111-20102011 Sheet No 2 5. HAULING OPERATIONS a. To discharge at the Regional Water Quality Control Plant, a hauler must: 1. Obtain a Trucker’s Discharge Permit from the Manager, Water Quality Control; 2. File with City of Palo Alto Public Works DepartmentCPAU a Certification of insurance and a hold harmless clause: 3. Post a bond or cash deposit with City of Palo Alto Public Works DepartmentCPAU’s appropriate division. b. The Trucker’s Discharge Permit shall be issued for twelve-month periods and is revocable for the violation of any of these Rules. The fee for Trucker’s Discharge Permits shall be as stated in City of Palo Alto Public Works DepartmentCPAU Rate Schedule S-4. c. Insurance policies in force with limits of liability shall not be less than those specified below as follows: Coverage for Which Limits of Insurance is Afforded Liability Worker’s Compensation & Compensation Employer’s Liability Statutory Bodily Injury Liability $1,000,000 each Person except automobile including $1,000,000 each occurrence the following coverages: Coverage for Which Limits of Insurance is Afforded Liability Protective, Completed Operations, Board Form Contractual and SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 67-111-20102011 Sheet No 3 Personal Injury Property Damage Liability $1,000,000 each occurrence except automobile including the following coverages: Protective, Completed Operations, Board Form Contractual and Personal Injury Property Damage Liability $1,000,000 each occurrence except automobile including the following coverages: Protective Completed Operations and Board Form Contractual Bodily Injury & Property Damage $1,000,000 each Person Liability Automobile $1,000,000 each occurrence d. The hauler must agree to save and hold harmless City of Palo Alto Public Works DepartmentCPAU, its officers, agents, and employees from any liability of any nature whatsoever caused in whole or in part, by the negligence of the hauler, or his agents, or employees, arising out of such operation. 6. BILLING Waste Haulers will be billed directly for grease, septic tank and portable toilet wastes. 7. REFUSAL OF WASTES City of Palo Alto Public Works DepartmentCPAU reserves the right to reject any Load of hauled waste under the following conditions: a. If the waste is not properly identified b. If there is not sufficient storage capacity at the plant for the Load c. For reasons of public health or safety at the discretion of the Manager, Water Quality Control Plant. d. If the Load contains waste materials not authorized by these Regulations. SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 67-111-20102011 Sheet No 4 C. MAINTENANCE OF THE WASTEWATER COLLECTION SYSTEM Depending on whether the City’s Wastewater main is located in the public right -of -way or in an easement, the Customer may be solely responsible for the inspection, maintenance and repair of a portion of the lateral or the entire lateral. (A lateral is the pipe connecting a building’s plumbing system withto the City's Wastewater main.) 1. CITY’S WASTEWATER MAIN IN THE PUBLIC RIGHT -OF -WAY If the City’s Wastewater main is located in the public right -of -way, the Customer is responsible for the upper portion of the lateral, from their home or structure updown to and including the connection to the City’s Wastewater main cleanout box, as shown on the diagram below. In cases where a cleanout at the property line does not exist or the existing cleanout is greater than five (5) feet from the property line, the City is responsible for only the portion of the lateral located between the property line and the City’s Wastewater main. The City will install a cleanout in the planting strip, at the back of the sidewalk, or matching the water meter box setback distance and the cleanout will be installed on private property within five (5) feet of the property line. If the Customer (or the Owner, if the Customer is not the owner of the property) refuses to permit the City to install a cleanout, then the Customer (or the Owner, if the Customer is not the owner of the property) shall be solely responsible for the lateral running from the City’s Wastewater main to the home or other structure. SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 67-111-20102011 Sheet No 5 2. CITY’S WASTEWATER MAIN IN AN EASEMENT The City’s Wastewater mains that are located in easements are often, but not always, located at the rear of the property rather than under the public street or public right-of-way surface. If the City’s Wastewater main is located within an easement, CPAU will be responsible for the inspection, maintenance and repair of the City’s Wastewater main located therein. The Customer is responsible for inspecting, maintaining and repairing the City’s Wastewater lateral, including, but not limited to:, clearing any stoppages and any clean -up related to lateral backups. The diagram below illustrates the Customer’s areasphere of responsibility. SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 67-111-20102011 Sheet No 6 3. CUSTOMER'S RESPONSIBILITY REGARDLESS OF LOCATION OF CITY’S WASTEWATER MAIN These rules shall apply no matterwithout regard to where the location of the City’s Wastewater main is located. a. If the City’s Wastewater main’s maintenance is necessitated by or otherwise results fromin a violation of the Municipal Code and/or these Regulations, CPAU may assign responsibility to the userCustomer, and may refuse to perform such maintenance. b. The Customer will be responsible for replacing non-plastic Wastewater laterals whenever the Customer is building a new structure or constructing additions/remodels that have a value greater than fifty percent (50%) of the current value of the existing structures on the lot. Reconnection to a City’s Wastewater lateral will only be allowed on existing plastic pipe laterals meeting current WGW Utility Standards. All laterals constructed of non-standard pipe materials must be replaced, per the WGW Utility Standards, from the main up to and including the cleanout at the property line at the fees listed in Utility Rate Schedule S-5, or by the Customer’s contractor at the Customer’s expense. c. The inspection, maintenance and repair of Pprivate sewer mains and laterals areshall be the responsibility of the Customers (or the Property Owners, if the Customers are not the Property Owners) up to and including the connection of the private sewer mains and laterals to the City’s Wastewater mains or manholes. However, the City will conduct at SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 67-111-20102011 Sheet No 7 its cost (without cost to the Customers or the Property Owners) and assume temporary responsibility for the inspection and maintenance or repair, if required, of the private sewer mains and laterals if the City determines that an unsafe condition exists with respect to such private sewer mains and laterals and CPAU has created such unsafe condition. CPAU’s temporary responsibility and obligation to inspect and maintain or repair, if required, any private sewer main and lateral will continue until CPAU has restored the private sewer main and lateral, which are initially determined to be in an unsafe condition, to a safe condition, and the City at its cost has taken such other reasonably necessary actions regarding any other utility facilities that may have contributed, directly or indirectly, to the existence of the unsafe condition. d. The Customer will be responsible for the on-site Wastewater Collection System in accordance with the Municipal Code, including: 1. Preventing storm Wwater, roof or yard drainage, basement, foundation or under- drainage from being discharged into the Wastewater Collection System, unless a permit is granted by Regional Water Quality Control Plant. In addition, any plumbing or piping that is connected or could be connected that would allow the future discharge of storm Wwater or ground Wwater into the Wastewater Collection System is prohibited. 2. Maintaining the condition of the on-site Wastewater Collection System so that it is water -tight and does not allow the infiltration of groundwater. 3. Keeping the clean-out box at ground level and visible. If, after receipt of a 30 -day notice from CPAU, the Customer has not made the clean-out box accessible, CPAU may remedy the inaccessibility by performing the work and charging the Customer for the actual costs incurred. 4. Installing, maintaining, and ensuring the proper usage of Grease Control Devices in accordance with the Sewer Use Ordinance (Section 16.09.103 of the Municipal Code). If the source of grease contamination in the Wastewater Collection System can be linked to a particular Customer, the Customer may be held responsible for cleaning or causing the cleaning of the Wastewater Collection System, including any associated costs or damages incurred by the City. 5. Limiting the Wwater inflow rate to the Wastewater Collection System during fire system testing to 30 GPM. Higher flushing rates must be diverted to a detention SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 67-111-20102011 Sheet No 8 tank to limit the flow rate to 30 GPM. 6. Limiting Wastewater ejector pumps usage so that the following conditions are met:. The pump(s)’ output capacity may not exceed 100 GPM. The Wastewater lateral must change to a 4” gravity flow lateral at least 20’ from the City-owned clean out. The velocity in the 4” gravity flow lateral must not exceed 3 feet per second. The tank and float shall be set up such that the pump run -time does not exceed 20 seconds or 33 gallons pumped during each cycle. 7. Installing an approved backwater valve per the latest adopted version of the California Plumbing Code, Section 710.0, when the floor elevations with fixtures or drains connected to the Wastewater Collection sSystem are less than one foot above the next upstream Wastewater main manhole cover. The upstream Wastewater main manhole rim elevation shall be shown on the plans. 4. NOTIFICATION TO CPAU If a Wastewater stoppage occurs, the Customer shall timely notify CPAU. CPAU will then determine ifwhether the stoppage ishas occurred in the portion of the system maintained by CPAU or the Customer (or the Property Owner, if the Customer is not the owner of property). CPAU will clear the stoppage that has occurredfrom the property line or clean out to the main in the portion of the system maintained by CPAU. D. SAMPLING OF INDUSTRIAL DISCHARGES IN EXCESS OF 25,000 GALLONS PER DAY In order to properly apportion costs of operation and maintenance of the RWQCP to the large industrial or commercial users, it is essential to determine both the quantity and quality of Wastewater produced by each user discharging 25,000 gallons per day or its equivalent. The following is adopted as a fair and equitable method of developing the necessary criteria: 1. FLOW The quantity Charge shall be based upon the metered Water served to the industrial or commercial user being billed. Exceptions will be made for the following: a. For Customers with one or more cooling towers, the volume of evaporated Water associated with cooling (inflow less outflow) may be used to offset flow calculations SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 67-111-20102011 Sheet No 9 for Wastewater billing. To be eligible for such offsets, the Customer must comply with the following items: 1. Inflow Water data (a) Customer must have inflow Water Meter(s) on all cooling tower inlet(s); (b) Meter(s) must be annually certified by County Department of Weights and Measures; (c) Proof of Certification(s) must be submitted to Utilities along with annual Meter Reads; 2. Outflow Water data (a) Five (5) cycles of concentration will be assumed for outflow calculations; (b) Customers whose cycles of concentration are greater than five (5) and who want to have this reflected in their calculations must have outflow Meter(s) installed; (c) Outflow Meter(s), if installed and used for purposes of calculation, must be annually certified by County Department of Weights and Measures; (d) Proof of Certification(s) must be submitted to Utilities along with annual Meter Reads; 3. Data acquisition and submittal (a) Customer is responsible for reading and recording each inflow Meter(s) flow (and each outflow Meter, if applicable) on a monthly basis; (b) Meter Reads should be performed at approximately the same time each month; (c) The following data, at a minimum, must be recorded at each reading: i. Date of read ii. Inflow read(s) for each inflow Meter iii. Outflow read(s) for each outflow Meter (if applicable) (d) The City of Palo Alto reserves the right to periodically review Customer's Meter(s) for accuracy; SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 67-111-20102011 Sheet No 10 4. Participation rules and restrictions (a) Customer must have six (6) months of data in the first year to be eligible for participation; (b) Customer must annually submit twelve (12) months of data thereafter; (c) Inflow data (and outflow data, if applicable) must be submitted to the Utilities Customer Service Division annually by May for consideration in calculations for July (the start of the City's fiscal year); b. In cases where the user has extensive landscape irrigation and summer monthly consumption exceeds the average monthly consumption of January, February, and March by more than 50 percent (50%), the average of the January, February, and March consumption shall be used for calculating wastewater discharge for the remaining months of the year. c. If an outflow Meter has been installed, such metered outflow will be used to determine flow in lieu of recorded water meter consumption. 2. CHEMICAL OXYGEN DEMAND, SUSPENDED SOLIDS, AMMONIA a. Measurements of the concentration of these constituents shall be taken from 24-hour composite samples collected periodically for each industrial discharger discharging in excess of 25,000 gallons per day to the wastewater collection system. 1. The constituent concentrations found in these samples and previous samples shall be averaged to provide the basis for establishing the Wastewater Treatment Charge to be levied to the discharger being sampled. 2. All samples shall be analyzed at the laboratory of the RWQCP. Treatment Charges will be based upon the quantity and concentration found in the waste stream monitored. b. If an establishment’s piping configuration, or other physical considerations, render representative Effluent sampling prohibitively complex or infeasible, then CPAU shall set the establishment’s level of sewage effluent constituents SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 67-111-20102011 Sheet No 11 for billing purposes at the average effluent levels of industries in CPAU, or where feasible, at the average effluent constituent levels of similar establishments. c. Sampling results are intended to provide an estimate of the quality of Effluent discharge by the facility. Sampling results can vary significantly depending on the facility processes operating on the day of sampling. If the annual sampling results in combination with the flow data indicate a revised annual bill to the Customer, the amount of the increase or decrease shall not exceed 25 percent. The 25 percent limitation is independent of any change in rates or Charges to Rate Schedule S-2. (END)