Loading...
HomeMy WebLinkAbout19G - RFP - WATER METER REPLACEMENT SRVS?? REQUEST FOR COUNCIL ACTION `??? ? CITY COUNCIL MEETING DATE: OCTOBER 4, 201 O TITLE REQUEST FOR PROPOSALS FOR WATER METER REPLACEMENT SERVICES CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended Q Ordinance on 'I?` Reading ? Ordinance on 2ntl Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO /O-/?-o2oiO FILE NUMBER Authorize the Public Works Agency to send the attached Request for Proposals to qualified firms to provide water meter replacement services- DISCUSSION The City's water system includes approximately 45,000 water meters that are used to measure water sales to customers. The life expectancy of these meters is approximately 10 to 15 years. Obsolete water meters tend to under register flow, which can greatly reduce revenue collections. Once meters reach the end of their service life, they are replaced by Water Resources Division personnel. Currently, there are approximately 8,000 small water meters in the City's water system that are more than 15 years old. The Water Resources Division has experienced a reduction iFl personnel in the last several years. The number of Water Meter Repairer positions (the positions responsible for meter replacements) was reduced from four to three during the last fiscal year. With the current water shortage and economic downturn, these same staff members have also seen an increase in other customer services related activities. Some of the calls they handle include high water bill complaints, water quality issues, and requests for service shut off. An internal review of water maintenance activities showed that contract services could potentially be used to reduce the backlog of obsolete water meters. The proposed contract is intended to replace approximately 3,000 meters during the current fiscal year. Should a contract be awarded to perform this work, workers with training and certifications similar to those possessed by City's Water Quality Staff will be required. 19G-1 Request for Proposal for Water Meter Replacement Services October 4, 201 O Page 2 Contracting out this activity will not result in layoffs or reassignments of existing City staff. A one year contract is being considered with an option to extend for additional years if this program is cost-effective. The intent is to use contract services to supplement existing City staff to eliminate deferred maintenance in the water meter replacement program. FISCAL IMPACT Funds are available in the Water Quality and Measurement Fund (account no. 06017644- 62300). Raul Godinez II Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency RG/RB Exhibit 1 : Request for Proposals 19G-2 REQUEST FOR PROPOSAL CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES CITY OF SANTA ANA PUBLIC WORKS AGENCY SANTA ANA, CALIFORNIA 92702 PROJECT MANAGER THOMAS L. DIX WATER SERVICES QUALITY COORDINATOR PHONE (714) 647-3316 E-mail: tdix@santa-ana.org Proposal Due Date: XXXX, 20'10 During the Proposal period, all questions must be in writing and faxed to 7'14-647-3345, Attention= Thomas L. Dix, No later than, XXXX, at 4:00 p.m. Copies of the questions and answers will be provided to all Consultants intending to respond. No verbal responses will be given- CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-3 Exhibit 1 Page 1 of 27 REQUEST FOR PROPOSAL WATER METER REPLACEMENT SERVICES GENERAL The City of Santa Ana is soliciting proposals from qualified firms to provide Water Meter Replacement Services. The City has over 44,000 water meters that are maintained and replaced according to a replacement schedule. A detailed scope of work is outlined in Section E of this RFP. The city will enter into an agreement with the firm to provide Water Meter Replacement Services. Upon receiving this Request for Proposal (RFP), consultant shall notify the City in writing and faxed to 7'f4-647-3345 (Attention: Thomas Dix) regarding its intent to respond to the RFP. The Consultant must be able to assist the City through this.. contract to provide the services needed. The consultant shall .utilize in-house staff and/or sub-consultants satisfactory to the City to complete the assignments. For specialized work for which the prime consultant will require asub-contractor, the prime consultant will serve as an administrative liaison between the City and the sub-contractor. The prime consultant mark-up for sub-consultants shall not exceed 15%. The proposal shall be concise, to the point, and sufficient enough to cover all required submittals and exclude any extraneous materials. A cover Getter shall summarize key factors and guarantee than key personnel will be committed to perform the required tasks throughout the duration of the contract. PROPOSED SCOPE OF SERVICES A. .Terms Upon completing the selection process, the selected consultant will be awarded aone- year contract°for a "not to eicceed fee°'to be determined. B. PROJECT BACKGROUND This request is for Water Meter Replacement Services for the City of Santa Ana water distribution system. The City of Santa Ana desires to keep the water meter replacement program as an integral part of our general water asset maintenance program. Water meter replacement is an essential task and a key element to accurate customer billing. The City of Santa Ana is located in Orange County in Southern California. The City of Santa Ana's water system consists of approximately 475 miles of water mains with nearly 45,000 water service connections, 4,850 hydrants, and 6,00 water distribution valves- The city land area is 27.2 square miles and the population is approximately 350,000 people. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P. wW.A. Water Resources 19G-4 Page 2 of 27 Today, the City has aggressively been replacing aging water meters. All general water meter maintenance and replacement has been done by the City's water quality services crew. C. PRIME CONSULTANT RESPONSIBILITIES The selected consultant will be required to assume responsibility for all services offered in their proposals. The selected Consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract agreement. Consultant shall tightly control the quality of the work performed by in-house staff and/or sub-consultants. Incomplete (not meeting targeted ..percentage completion) or poor quality of work will not be accepted. Sub-consultant work shall not exceed (15%) of the contract agreement. A list of all sub- consultants shall be submitted as part of the proposal. A detailed list of all the sub- consultant tasks shall be included in the proposal D. PROJECT MANAGEMENT Meetings The Consultant will be required to attend meetings at the City of Santa Ana facilities. After the project has been awarded, akick-off meeting will be held. Progress meetings will be held on as needed basis. The Consultant will meet with representatives from the City and hold training workshops at the City offices. During these visits, the consultant will meet with the City of Santa Ana Water Resources personnel to discuss the water system infrastructure, water meter information,. INFRAMAP software and security. Progress Reports. Prepare and submit a monthly report in electronic format to the project manager/engineer that includes the following: A narrative description of work performed by major task along with a map and spreadsheet to graphically depict the progress and areas of work. The City will provide a computer tablet with INFRAMAP software as a loaner to accomplish the digital field data collection. A table indicating the person-hours and dollars budgeted for each task and the expenditures to date. A summary in percentage of overall project completion and expenditures of time, person-hours, and dollars during the preceding month. An updated project work schedule depicting current status of the project, including revisions to the schedule, modifications and or impacts to the milestone dates. A list of issues and/or anticipated problems to be discussed. A copy of all correspondence, logs of significant telephone conversations and memoranda. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G ?? Page 3 of 27 E. SCOPE OF SERVICES In general, the Consultant shall perform water meter replacement services for the City of Santa Ana water distribution system. Consultant shall perform the following tasks: 1 . Consultant shall pick up water meters and curb stops from the City of Santa Ana Corporate Yard located at 220 S. Daisy Ave. The City Corporate Yard is open from 7 a.m. to 3 p.m. during the work week 2. All water meter replacements shall be 5/8"x 3/4", 3/4" x 1" or 1" meters and all curb stops will be replaced. 3. Meter box will be cleaned and prepped. Debris-will not be put back in the meter box. 4. Debris from the cleaning and prepping of the meter box shall be hauled away by Consultant at Consultant's expense. The City will not provide a site to dispose of debris. 5. Consultant shall haul away replaced meters and drop them off at the City Corporate Yard located at 220 S. Daisy Ave. 6. New gaskets and coupling faces will be installed_by Consultant and couplers will be properly aligned and tightened. 7. Consultant shall document the meter exchanges in the format provided by the City as well as enter the data in the City's infraMAP data system_ Consultant shall provide the documentation.. information to the City: on a weekly basis. 8. As meters and curb stops are replaced, Consultant shall note the condition of the meter box and the circdmstances of the area surrounding the box_ Any meter boxes requiring Ceplacement shall be documented 2nd documentation submitted to the City. 9. Consultant shall replace all curb stops under pressure (curb stop stabbing). 1 O. Consultant shall supply-the full face gaskets, brass and bronze nuts, bushings, and other small parts as necessary for meter replacement. Consultant is expected to install correct meter couplings/reducers, if needed, during meter replacement. 11. If Consultant encounters a situation where the existing meter box requires replacement, Consultant shall note it and include this information in its monthly report to the City. 12. If Consultant encounters a situation where the customer's pipes or the City's pipes are in a condition that could cause a leak, Consultant shall skip this location and document it. Consultant shall include this information in its monthly report to the City. 13. If Consultant encounters a situation where there is an excessive leak, contact the City's primary contact immediately. 14. If Consultant damages the customer's service lines during the course of replacing the meter, Consultant shall immediately contact the City's representative and shall be responsible for repairing the line at the time of damage. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-6 Page 4 of 27 15. If Consultant encounters a meter where angle stops are installed, Consultant shall skip this location and document it. Consultant shall include this information in its monthly report to the City. 16. City will provide the Consultant a meter replacement schedule. City will provide the Consultant with addresses, meter numbers, etc. of meters to be replaced. 17. City shall supply all replacement meters and curb stops. 18. Under no circumstance shall Consultant be allowed to operate water distribution valves. If the Consultant encounters a situation where the water need to be shut off, the Consultant shall contact the City's primary contact. City Responsibilities: 1 . City will assign a primary and secondary contact for the meter replacement project 2. City will provide the Consultant a meter replacement schedule. 3. City shall provide the meters and curb stops needed for this project. F. CERTIFICATION AND EXPERIENCE REQUIREMENTS This project involves the maintenance and replacement of assets of th'e:City's water distribution system. Improper handling and/or lack.. of knowledge of water distribution systems can result in negative effects on the system that may result in health and safety impacts. The Consultant shall demonstrate that the personnel that will: be assigned to this project be, at minimum, certified by the. State of California Department of Health Services (CDPH) as a Waterbistribution Operator Grade D1. The Consultant's shift supervisor overseeing maintenance. operations assigned to this project must be, at minimum, certified by CDPH as a Water Distribution Operator Grade D3. Consultant shall submit copies of the certifications as part of their response to this proposal. Consultant must also demonstrate at least three (3) years of experience performing similar work. Consultant shall provide three (3) references that the City may call as part of their proposal G. COMPENSATION This proposal shall indicate a unit fixed fee for Water Meter Replacement Services as outlined in this proposal. The fee shall include the Consultant's personnel including sub consultants, if any, and all direct and indirect expenses to complete the work. Payments shall be made on the basis of work completed as agreed upon by the City. Additional Services, as authorized in writing by the City, will be paid at the unit billing rate. All fees shall be considered full compensation to perform work as outlined in the scope of services and no additional compensation will be allowed therefore. H. TENTATIVE SCHEDULE Issue Request for Proposal (RFP) XXXX, 201 O CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-/ Page 5 of27 Submit Notice of Intent to Respond to City XXXX, 2010 Submit Questions to City XXXX, 2010 Submit Proposals to City XXXX, 201 O Award Contract XXXX, 2010 Begin Work XXXX, 2010 Proposals are due in the office of the Executive Director, Public Works Agency, at 20 Civic Center Plaza, Ross Annex, M-21, 4th Floor, Santa Ana, California, 92701, ATTN: Thomas Dix, on or before 4:00 p.m., XXXX, 201'0. ISSUING OFFICE Santa Ana Public Works Agency, Office of the Executive Director, 20 Civic Center Plaza, Ross Annex, 4th Floor, M-21 , Santa Ana, California 92701 . J. PROPOSAL REJECTION The City reserves the right to reject .any or all proposals submitted, and is not liable for any pre-contractual expenses: Pre-contractual expenses are. defined as expenses incurred by the offeror in: (a) preparing the proposal in response to this 'RFP; (b) submitting that proposal to the City; (c) negotiating with the.. City in. any matter- related to this proposal; (d) any other expenses incurred by offeror .prior to date of award, if any, of the contract. Offeror shall not include any such expenses as part of the_prce as proposed in response to this RFP. K. ADDENDA Any subsequent changes in the RFP from the date of issuance to the date of submittal will result in an addendum by the issuing office to those parties who have provided the proper notice of interest in responding to the RFP. L. PROPOSAL CONTENT AND SIGNATURE Three (3) copies of the proposal will be required with all copies having been signed by the individual or, if a company, the company official with the power to bind the company in its proposal_ The fee schedule, Attachment D (3 copies) and Attachment A shall be separately bound, sealed, and submitted to the City. To be considered, all proposals shall be completely responsive to the RFP. M. ACCEPTANCE OF CONTRACT The contents of the proposal of the successful consultants shall become a contractual obligation if a contract ensues. Failure of a consultant to accept this obligation will result in the cancellation of any award. Any damage accruing to the City as a result of a CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.OW.A. Water Resources 19 G _$ Page 6 of 27 failure to contract may be recovered from the consultant. A sample agreement is attached for reference (Attachment C). N. PRIME CONSULTANT RESPONSIBILITIES The selected consultant will be required to assume responsibility for all services offered in their proposals. The selected Consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contracts. O. DISCLOSURE Any information, other than cost and price, which a consultant does not wish to have disclosed, other than for the purpose of evaluation, should have each applicable sheet or part marked "Confidential" -this data shall not be disclosed or duplicated, used or disclosed in whole or in part for any purpose. other than io evaluate the response; provided that: the contract is awarded to this offeror, or as a result of or in connection with the submission of such information, the City shall have the right to duplicate, use or disclose this information to the extent provided in this contract. This restriction will not limit the City the right to use information contained herein if it is obtained from another source. P. DELAYS The City reserves the right to delay scheduled dates if it is to the advantage of the City Q. RULES FOR'PROPOSALS The signer of the proposals must declare in writing that the only person, persons, company or parties interested in"the proposal as principals, are named therein; that the proposal is made without-collusion-with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, ..and that the signer of the proposal .has fully authority to bind the principal proposer. R. METHOD OF Pi4YMENT The consultant, shall submit monthly invoices to the City for the services rendered for that month. The invoice shall include a detailed breakdown of the services, limits, the tasks, the hours, and the .unit costs. S. REGULATIONS The selected consultant will be expected to comply with all applicable federal, state and local regulations, building codes, and contract provisions. The ensuing contract shall contain such contractual provisions and conditions necessary to define a sound and complete agreement. T. INFORMATION REQUIRED FROM CONSULTANT Proposals shall be submitted in the format as described below: CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-9 Page 7 of 27 Organization and Credentia/s The name, address and telephone number of the person of whom correspondence should be directed and who has authority to negotiate on behalf of the firm. Provide a synopsis of the consultant's qualifications and past experience in Water Meter Replacement Services. WorK P/an Provide a narrative rendition of the technical work plan and procedures required to perform the work as described in the Proposed Scope of Services. The following information must be included as a minimum: • Show required task • Employee's designation and man-hours to complete each task • Total number of hours to complete the Scope of Work • Provide detailed information and an outline. indicating the specific steps in each of the scope of services items of work to insure quality and control. Consultant shall submit a sample set of most' recent Water Meter Replacement Services, includino specific tasks and estimate." Staffing The consultant shall identify their Project Manager,_and other key personnel to be assigned to the project, their qualifications, representative experience, and their capability to explore and resolve problems. Consultant shall submit copies of their personnel's Water Operator or Water Treatment Certifications issued by the State of California Department of Health Services. Certified operators are required at tF?e time the proposals are due, failure to submit proof of certification will result in disqualification. Once the agreement is executed, the Consultant's staff shall not be substituted without the prior written approval of the City of Santa Ana. Sub-consu/tants The Consultant shag-identify any sub-consultants it intends to employ in relation to this contract. The Consultant shall identify sub-consultant's qualifications and key personnel. The Consultant shall be held responsible for any and all work performed by the Consultant's sub-consultant. List any sub-consultants the Consultant intends to utilize and the percentage of work each sub-consultant will perform for each of the task. If the Consultant will not utilize asub-consultant for any portion of this contract, the Consultant shall utilize this heading to make a statement declaring that no sub-consultants will be employed for this contract. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-1 O Page 8 of27 References List a minimum of three (3) references from previous or existing projects in water meter replacement services that the City may contact. Fee Schedu/e (Attachment O) The Consultant shall complete the fee schedule (Attachment D) for the proposed services. Consultant shall provide a table of total dollars and estimated person- hours for the items listed in Attachment D. shall include the following: The fee schedule • Rate per meter for 5/8"x 3/4" water meter and curb stop replacement. The City reserves the right to increase or decrease th® quantity of 3/4" water meters to be replaced based on the unit prices provided. • Rate per meter for 3/4"x 1" water meter and-.curb stop replacement. The City reserves the right to increase or decrease the quantity of 5/8" water meters to be replaced based on the unit prices provided. • Rate per meter for 1" water meter and curb stop replacement. The City reserves the right to increase or decrease the quantity of 1" water meters to be replaced based on the unit prices .provided., Additional /nformat/on and Comments The contents under these headings are left to the discretion of the Consultant. Material.. shall be pertinent to the proposal. U. CRITERIA FOR SELECTION. The response to this Request for Water Meter Replacement Services Agreement should contain documentation of .consultants and/or consultant's agency's credentials and expertise in this field. Substantial consideration will be given to Consultants with demonstrable and documented experience in similar work. Responses will be evaluated on the basis of the qualifications, abilities, responsiveness of the proposing firms, references and fee schedules. The responses received will be reviewed by an evaluation committee appointed by the Executive Director of the Public Works Agency. All proposals received will be fully reviewed and rated by the Evaluation Committee. The ultimate Consultant selection will be based upon both technical merit and cost competitiveness. V. THE CITY'S AFFIRMATIVE ACTION PROGRAM The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-11 Page 9 of27 enterprises. All submitting firms must have established affirmative action programs approvable by the City. The attached "Certification of Non-Discrimination by Consultants" shall be completed by each submitting firm and included in the proposal (Attachment A). W. INSURANCE REQUIREMENTS A certificate of insurance additional insured endorsement is enclosed for your reference (Attachment B). Please refer to the sample agreement for the necessary amounts of general liability, automotive, worker's compensation and professional liability insurance. The appropriate endorsements are also shown within the sample contract agreement (Attachment C). The certificate shall include the City. of Santa Ana, its officers and employees as insured or additional insured. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES Ci[y of Santa Ana P.W.A. Water Resources 19G-12 Page lO of 27 AT'T'ACHMENT A Certification of Non-Discrimination by Consultants CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-13 Page ? ? oF2? CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1 . To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels- 3. To communicate this policy to all persons concerned, including "all company employees, outside recruiting services, especially those. servicing minority conununities, and to the minority communities at large.. FIRM TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within youYCOmpany. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-14 Page ?2 of2? n r rft c. r inacrv ;?- tf Sample Certit3cate of Insurance ADDITIONAL INSURED ENDORSEMENT CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-15 Page .3 of 27 ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1 . The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the. operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom clairn is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall noY'affect any right which such person or organization would have as a claimant if not so included. 4. With respect to'the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701 . (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ,the endorsement form as part of Policy # Issued to Name Insured Countersigned by CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-1 ? Page 14 of 27 ATTACHMENT L' Sample Contract Agreement CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-17 Page .5 of2? CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of 2002, by and between ("CONSULTANT") and the City of Santa Ana, a municipal corporation of the State of California ("CITY"). WITNESSETH Recitals: A. CITY desires to retain a professional firm having skill and knowledge in the field of Engineering for the purpose of preparing construction documents for the project. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties hereto da hereby agree as follows: 1. REPRESENTATIVES AND NOTICE A. For purposes o£implementing this Agreement, the representatives of CITY shall be the Executive Director. of the Public Works Agency and his designated representatives (the "Director") .and the representative of CONSULTANT shall be the Vice-President. Except as may be otherwise stated hereinafter, such representatives shall have the authority to act on behalf of their respective paities in carrying out the terms of this AGREEMENT. B. Any notice or instrument required to be given or delivered to either party to this AGREEMENT may be delivered by personal delivery or by depositing the same in the United States mail, postage prepaid, addressed to: CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.WOA. Water Resources 19G-1$ Page 16 of 27 If to CITY: Executive Director Public Works Agency City of Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 If to CONSULTANT: Notice of change of address shall be delivered in the same:. manner as any other notice provided herein. Notice by mail shall be effective three days after ,..mailing by the above- described procedure. 2. SCOPE OF SERVICES OF CONSULTANT CONSULTANT agrees to perform, at its own cost ..and expense except for the compensation specified in this Agreement, the. services specified in the RFP, attached hereto as "Exhibit A" and incorporated herein by reference, and the Proposal, attached hereto as "Exhibit B" and incorporated herein by reference, subject to.modifications as may be set forth in the text of this Agreement. 3. STANDARD OF PERFORMANCE In undertaking_ the performance of this Agreement, CONSULTANT represents that it is knowledgeable in the field. specified in Recital A of this Agreement, and that any services performed by CONSULTANT under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in that field. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-19 Page 17 of 27 4. TIME OF COMPLETION The services to be performed pursuant to this Agreement shall be completed within months from the day of written notification to proceed from the Director, subject to extension with the approval of the Director, which shall not be unreasonably withheld. 5. CITY OBLIGATIONS CITY shall provide CONSULTANT with all records' in the possession of CITY which will be of assistance to CONSULTANT in the performance of this Agreement. 6. COMPENSATION CITY agrccs to pay, and CONSULTANT agrees to accept payment in accordance with the fee schedule sct forth in the Proposal, provided that total compensation for all work within the scope of the RFP and the Proposal shall not exceed $ CONSULTANT shall submit monthly invoices each accompanied by a detailed statement of services performed during the period for which payment is requested. Payment by CITY shall be made within thirty (30) days following receipt of a proper invoice, subject to CITY accounting procedures. Notwithstanding the foregoing, payment need not be made for work that fails to meet the standard of performance specified. in Section 3. CONSULTANT and the Director may agree upon the performance by CONSULTANT of additional work beyond the scope of RFP and the Proposal but related thereto this Agreement. However, total payments to CONSULTANT pursuant to this Agreement, including all such additional work, shall not exceed $ without the approval of CITY. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-20 Pagc IS of 27 7. OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS, PROGRAMS AND SYSTEMS Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by CONSULTANT, pursuant to this Agreement shall be the property of CITY. CONSULTANT agrees to provide CITY with any such materials whenever requested to do so. 8. HOLD HARMLESS CLAUSE CONSULTANT agrees to indemnify and hold harmless CITY, and its officers, agents, representatives, volunteers and employees from any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons, however caused, arising out of CONSULTANT'S negligent performance or failure to perform, any and all things necessary to and required to be done by CONSULTANT, pursuant to the specifications in the Agreement. 9. INSURANCE With respect to performance of work under this Agreement, CONSULTANT shall maintain and shall require its subcontractors, if any, to maintain insurance as described below: A. Worker's Cpmpensation insurance with statutory limits, any employer's liability insurance with limits not less than $1,000,000 per accident. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-21 Page 19 of 27 B. Commercial general liability insurance or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project CONSULTANT performs for CITY. Such insurance shall (a) name CITY, The Orange County Sanitation District, and their officers, agents, representatives, volunteers and employees as additional insureds; (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions; and (d) give to CITY prompt and timely notice of claim made or suit instituted arising out of CONSULTANT'S-operations hereunder. C. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per occurrence.. CONSULTANT "shall (a) furnish properly executed certificates of insurance and additional insured endorsement to the Director-prior to commencement of work under this Agreement, which shall clearly, evidence.. all coverage required above and provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to CITY; (b) maintain such insurance from the time work first commences until completion of the work under this Agreement; and (c) replace such certificates for policies expiring prior to completion of work under this Agreement. The Director may Waive or reduce the requirements of this section if and to the extent the Director determines them to be unreasonably burdensome to the CONSULTANT and not necessary for the protection of CITY. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-22 Page 20 of 27 10. TERMINATION OF AGREEMENT This Agreement may be terminated by the Director upon 30 days written notice of termination to CONSULTANT. In such event, CONSULTANT, shall be entitled to receive and CITY shall pay CONSULTANT compensation for all services performed by CONSULTANT for work actually performed to the end of the 30 day period. As a condition of such payment, the Director may require CONSULTANT to deliver to CITY all work product completed as of such dated, and in such case such work product shall be the property of CITY, and CONSULTANT consents to CITY'S use thereof for such purposes as CITY deems appropriate. 1 1. MISCELLANEOUS PROVISIONS A. By signing this Agreement, CONSULTANT certifies that it does not discriminate in hiring on the basis of race, color, creed, religion, sex, age, .marital status, national origin, ancestry, physical handicap, or medial conditions. B. CONSULTANT shall not assign or transfer any interest in this Agreement, whether by'assignment or novation, without the prof written consent of the Director; provided, however, that claims for money due or to become due from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval- Notice of any such assignment or transfer shall be promptly furnished to the Director- C_ CONSULTANT agrees that CONSULTANT is an independent contractor and not an employee of CITY and all CONSULTANT'S personnel shall be employees or subcontractors of CONSULTANT and not employees of CITY. CONSULTANT shall pay all salaries and wages, employers social security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W?.}A. Water Resources 19G-23 Page 21 of 27 D. CONSULTANT shall not subcontract any of the services required hereunder without prior written approval of the Director. E. CONSULTANT reserves the right to effect changes in form or name, including but not limited to changes from individual proprietorship, partnership or corporation to any other such form of organization, and likewise reserves the right to add, substitute or delete stockholders, partners, associates, and employees. This Agreement shall continue in effect with regard to CONSULTANT under its new form or name without the necessity of any amendment to this Agreement. The Director shall be promptly notified;ofany such change in form or name. F. Nothing in this Agreement shall_be construed to limiYthe CITY'S ability to have any of the services which are the subject to this Agreement performed by CITY personnel or by other consultants retained by CITY. G. The invalidity in whole, or in .part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. H. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. This Agreement supersedes any and all other agreements either oral or in writing between the .parties hereto and contains all the covenants and agreements between the parties with respect thereto. Each party to this Agreement acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party, with respect to such services, which are not embodied herein. J. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. K. This Agreement may not be modified or amended except in writing signed by CITY and CONSULTANT. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.wA. Water Resources 19G-24 Page 22 of 27 L. CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-25 Page 23 of2? The parties have executed this Agreement as of the date and year first written above. ATTEST: Patricia E. Healy Clerk of the Council CITY OF SANTA ANA Miguel A. Pulido Mayor RECOMMENDED FOR APPROVAL: James G. Ross Executive Director Public Works Agency APPROVED AS TO CONTENT: YOUR COMPANY NAME Name/Title ID # David N. Ream City Manager APPROVED AS TO_FORM: Joseph W. Fletcher City Attorney CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-26 Page 24 of 27 i1 `I'"/'ElG`HI?1L?N"l' D Fee Schedule CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.JA. Water Resources 19G-2 / Page 25 of 27 CITY OF SANTA ANA Water Mctcr Replacement Services FEE SCHEDULE TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: REQUIREMENT: The undersigned declares that he/she has carefully examined .the request for proposal, that he/she has examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said. Proposed Scope of Services, for the unit price(s) set forth in the following schedule: Item # Bid Item Unit Quantity -..Unit Price Amount 1. Replace 5/8"x 3/4" Water Meter and EA 3,000 $ $ Curb Stop 2. Replace 3/4"x 1" Water Meter and Curb EA 500 $ $ Stop 3. Replace 1" Water Meter and Curb Stop. EA 500 $ $ Total $ ?, BIDDER Firm Address Phone(s) Bidder Signature CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.WQA. Water Resources 19G-28 Page 26 of 27 A"1'TAG'HMF_N7' F, City Standard Plan No. 1401, 1" Copper Water SerYice CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G-29 Page 27 of 27 19G-30