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Morgan Hill, City of - Cost Sharing Agreement for Joint Trunk Line Assessment (2019)COST SHARING AGREEMENT BETWEEN THE CITY OF MORGAN HILL, CALIFORNIA AND THE CITY OF GILROY, CALIFORNIA FOR THE JOINT TRUNK LINE ASSESSMENT This Agreement is made and entered into on -AbI 11%0,t1_, by and between the City of Morgan Hill, California, a general law muipal corporation of the State of California ("Morgan Hill"), and the City of Gilroy, California, a chartered municipal corporation of the State of California ("Gilroy"), collectively referred to herein as the "Parties" or individually as "Party." RECITALS WHEREAS, the Parties share ownership of a trunk line for the disposal of sewage to the South County Regional Wastewater Authority facility; WHEREAS, the Parties desire to contract with an experienced service provider to conduct a condition assessment of that trunk line; WHEREAS, Morgan Hill has conducted a request for proposals process with support from Gilroy and selected a service provider for the assessment; WHEREAS, the Parties have determined that the trunk line assessment will provide great benefit to both cities; WHEREAS, the Parties have identified capacity share for separate sections of the trunk line as identified, attached hereto, and incorporated herein as Exhibit B. For the purpose of this project, the responsibility of the cost has been determined to be 75% Morgan Hill and 25% Gilroy and each of the Parties has indicated its willingness to fund a these percentage share of the costs for the assessment; and NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS AND OF THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS: AGREEMENT 1. Scope of Work. The scope of the work consists of the assessment of the entire joint trunk line extending from California Avenue to the South County Regional Wastewater Treatment Plant and identified in Exhibit B. 2. Costs. Morgan Hill, as the lead agency on this Project, has prepared an agreement including scope of work, and itemized costs for trunk line assessment and is attached hereto as Exhibit A. 3. Cost Sharing of Project. All consultant costs for the assessment are to be shared by the established cost share percentage of 75% by Morgan Hill and 25% Gilroy. The cost shall include all consultant work authorized by the agreement, but exclude staff costs or overhead for either Party. 4. Payment of Costs. Morgan Hill, as the lead agency, shall invoice Gilroy for its portion of costs on a monthly basis based on payment of invoices to the consultant. Gilroy shall pay all invoices within 30 days of receipt. 5. End Product. Both Parties shall have available to them all assessment information and consultant work product as outlined in the consultant agreement, Exhibit A. As the lead agency, Morgan Hill, shall be responsible for ensuring all work product is delivered to the City of Gilroy. 6. Permits. In consideration for its participation in this Agreement, both Parties agree to waive or pay directly any permit fees associated with the consultant doing work within the right of way of each Party. Each Party may require the consultant to apply for an encroachment permit for work occurring in the public right of way. 7. Indemnification. Pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify, defend with counsel reasonably acceptable to the other Party and hold the other Party, its officers, employees and agents, harmless from any damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees, contractors, subcontractors, material suppliers or agents, under or in connection with any work, authority or jurisdiction delegated to such Party under this Agreement. Neither Party, nor any officer, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Party hereto, its officers, employees, contractors, subcontractors, material suppliers or agents, under or in connection with any work, authority or jurisdiction delegated to such other Party under this Agreement. 8. Notices. Notice shall be effective five days after date of mailing, or upon date of hand delivery or facsimile transmission. Notices given under this Agreement may be hand delivered or delivered by facsimile, with an additional copy sent by first class mail, postage prepaid, and addressed to the appropriate party at the following addresses: To Gilroy: City of Gilroy Attn: Public Works Director 7351 Rosanna Street Gilroy, CA 95020 To Morgan Hill: City of Morgan Hill Attn: Public Services Director 17555 Peak Avenue Morgan Hill, CA 95037 9. Term. The term of this Agreement shall run concurrently with the consultant agreement attached hereto as Exhibit A. This Agreement will be automatically extended if the agreement with the consultant is extended. Should the agreement with the consultant terminate, the Parties agree that this Agreement shall terminate as well. Any outstanding invoices shall be paid by Gilroy within 30 days of termination. 10.Authority to Execute. Those individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 11.Additional Provisions. The Parties further agree as follows: a. One or both Parties' waiver of any term, condition or covenant of this Agreement shall not be construed as a waiver of any other term, condition or covenant of this Agreement. b. This Agreement contains the entire Agreement between the Parties relating to the joint trunk line assessment. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. c. This Agreement shall be governed and construed in accordance with the laws of the State of California. d. This Agreement may be executed in counterparts and will be binding as executed. e. This Agreement shall become effective when executed by both cities and shall continue in force and effect so until final work product is delivered unless otherwise terminated pursuant to paragraph 9. f. All amendments to this Agreement must be approved in writing by both Parties to be effective. The Parties agree that any amendment to the consultant agreement shall be negotiated and agreed to by the Parties, unless such amendment solely affects only one Party. Any amendments to the consultant agreement shall be incorporated herein. g. The Parties agree that they shall endeavor to resolve any dispute about this Agreement in good faith. The Parties further agree that should such dispute remain unresolved, they shall engage in mediation and/or non- binding arbitration to resolve such disputes, prior to resorting to court action. Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County. h. Severability. The partial or total invalidity of one or more parts of this Agreement will not affect the intent or validity of the remaining parts of this Agreement. IN WITNESS WHEREOF, THE PARTIES HAVE ENTERED INTO THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN. CITY OF MORGAN HILL City Mana er Date:��� �) ATTES1 I 'q, "'y 1 k04f� City Clerk A Date: APPROVED AS TO FORM: City Attorney Date: � I M / % 1 CITY OF GILROY CitY Administrator Date: A?116 /7 r+ - City Cler V Date: ' e City Attorney Date: y � I � �2 O) Citv of Gilrov Agreement/Contract Process All agreements and a sample insurance endorsement can be found on the "G" drive, under G:\cityinfo\FORMS\PURCHSG\City Standard Agreements\New Versions There are eight (8) standard City contracts: • Services $5K or less — CONSULTANT • Services $5K or less — CONTRACTOR — Design Professional • Services $5K or less— CONTRACTOR— ENG OR DESIGN • Services $5K or less — CONTRACTOR — NO ENG OR DESIGN • Services over $5K— CONSULTANT • Services over $5K —CONTRACTOR —Design Professional • Services over $5K— CONTRACTOR— ENG OR DESIGN • Services over $5K— CONTRACTOR— NO ENG OR DESIGN WORK Note: Non-standard contracts must be reviewed by the City Administrator, prior to initiatin.R Choose the agreement/contract that meets your needs and fill out all information required: ➢ Date of Contract ➢ Contractor/Consultant name and complete address ➢ Terms of the agreement (start date, completion date or "until project completion", cap of compensation to be paid) ➢ Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached ➢ Taxpayer ID or Social Security # and Contractors License # if applicable ➢ Contractor/Consultant signer's name and title 2 ➢ City Administrator or Department Head Name (based on amount of contract — see page 2 for these guidelines), City Clerk (Attest), City Attorney (Approved as to Form) Print one original copy. Send to the contractor for signature and initial of Article I, and request certificate(s) of insurance and endorsement. When agreement is returned make sure all required documents are included: exhibits, insurance, security bonds: Forward the contract to the Citv Clerk's office with this check off sheet and input vour name below. The contract will be entered into our e-signature system and will be forwarded to Risk Management for insurance review, then on to the City Attorney, the City Administrator or Department Head, and back to the City Clerk for signature. Once fully executed, the City Clerk's Office will forward an electronic copy of the signed contract back to the staff person who originated it. Original contracts are kept in the City Clerk's Office for records retention. Contract Routing Steps for Electronic Signature Name of Originator City Clerk Risk City Manager. Attorney -1li�`r9 COST SHARING AGREEMENT BETWEEN THE CITY OF MORGAN HILL, CALIFORNIA AND THE CITY OF GILROY, CALIFORNIA FOR THE JOINT TRUNK LINE ASSESSMENT This Agreement is made and entered into on �7_0,111—, by and between the Cityof Morgan Hill, California, a general law muri al corporation of the State of g g p P California ("Morgan Hill"), and the City of Gilroy, California, a chartered municipal corporation of the State of California ("Gilroy"), collectively referred to herein as the "Parties" or individually as "Party." RECITALS WHEREAS, the Parties share ownership of a trunk line for the disposal of sewage to the South County Regional Wastewater Authority facility; WHEREAS, the Parties desire to contract with an experienced service provider to conduct a condition assessment of that trunk line; WHEREAS, Morgan Hill has conducted a request for proposals process with support from Gilroy and selected a service provider for the assessment; WHEREAS, the Parties have determined that the trunk line assessment will provide great benefit to both cities; WHEREAS, the Parties have identified capacity share for separate sections of the trunk line as identified, attached hereto, and incorporated herein as Exhibit B. For the purpose of this project, the responsibility of the cost has been determined to be 75% Morgan Hill and 25% Gilroy and each of the Parties has indicated its willingness to fund a these percentage share of the costs for the assessment; and NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS AND OF THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS: AGREEMENT 1. Scope of Work. The scope of the work consists of the assessment of the entire joint trunk line extending from California Avenue to the South County Regional Wastewater Treatment Plant and identified in Exhibit B. 2. Costs. Morgan Hill, as the lead agency on this Project, has prepared an agreement including scope of work, and itemized costs for trunk line assessment and is attached hereto as Exhibit A. 3. Cost Sharing of Project. All consultant costs for the assessment are to be shared by the established cost share percentage of 75% by Morgan Hill and 25% Gilroy. The cost shall include all consultant work authorized by the agreement, but exclude staff costs or overhead for either Party. 4. Payment of Costs. Morgan Hill, as the lead ,agency, shall invoice Gilroy- for its portion of costs on a monthly basis based on payment of invoices to the consultant. Gilroy shall pay all invoices within 30 days of receipt. 5. End Product. Both Parties shall have available to them all assessment information and consultant work product as outlined in the consultant agreement, Exhibit A. As the lead agency, Morgan Hill, shall be responsible for ensuring all work product is delivered to the City of Gilroy. 6. Permits. In consideration for its participation. in this Agreement, both Parties agree to waive or pay directly any permit fees associated with the consultant doing work within the right of way of each Party. Each Party may require the consultant to apply for an encroachment permit for work occurring in the public right of way. 7. Indemnification. Pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify, defend with counsel reasonably acceptable to the ,other Party and hold the other Party, its officers, employees and agents, harmless from any damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees, contractors, subcontractors, material suppliers or agents, under or in connection with any work, authority or jurisdiction delegated to such Party under this Agreement. Neither Party, nor any officer, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Party hereto, its officers, employees, contractors, subcontractors, material suppliers or agents, under or in connection with any work, authority or jurisdiction delegated to such other Party under this Agreement. 8. Notices. Notice shall be effective five days after date of mailing, or upon date of hand delivery or facsimile transmission. Notices given under this Agreement may be hand delivered or delivered by facsimile, with an additional copy sent by. first class mail, postage prepaid, and addressed to the appropriate party at the following addresses: To Gilroy: City of Gilroy Attn: Public Works Director 7351 Rosanna Street Gilroy, CA 95020 To Morgan Hill: City of Morgan Hill Attn: Public Services Director 17555 Peak Avenue Morgan Hill, CA 95037 9. Term. The term of this Agreement shall run concurrently with the consultant agreement attached hereto as Exhibit A. This Agreement will be automatically extended if the agreement with the consultant is extended. Should the agreement with the consultant terminate, the Parties agree that this Agreement shall terminate as well. Any outstanding invoices shall be paid by Gilroy within 30 days of termination. 10.Authority to Execute. Those individuals who are signing this Agreement on. behalf of entities represent and warrant that they are, respectively, .duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 11.Additional Provisions. The Parties further agree as follows: a. One or both Parties' waiver of any term, condition or covenant of this Agreement shall not be construed as a waiver of any other term, condition or covenant of this Agreement. b. This Agreement contains the entire Agreement between the Parties relating to the joint trunk line assessment. - Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. c. This Agreement shall be governed and construed in accordance with the laws of the State of California. d. This Agreement may be executed in counterparts and will be binding as executed. e. This Agreement shall become effective when executed by both cities and shall continue in force and effect so until final work product is delivered unless otherwise terminated pursuant to paragraph 9. f. All amendments to this Agreement must be approved in writing by both Parties to be effective. The Parties .agree that any amendment to the consultant agreement shall be negotiated and agreed to by the Parties, unless such amendment solely affects only one Party. Any amendments to the consultant agreement shall be incorporated herein. g. The Parties agree that they shall endeavor to resolve any dispute about this Agreement in good faith. The Parties further agree that should such dispute remain unresolved, they shall engage in mediation and/or non- binding arbitration to resolve such disputes, prior to resorting to court action. Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County. h. Severability. The partial or total invalidity of one or more parts of this Agreement will not affect the intent or validity of the remaining parts of this Agreement. IN WITNESS WHEREOF, THE PARTIES HAVE ENTERED INTO THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN. CITY OF MORGAN HILL City Manager Date: ATTEST: City Clerk Date: APPROVED AS TO FORM: jg� o6 City Attorney Date: I I q l CITY OF GILROY City Administrator Date: '00,!/ City Cler Date: ':� q City Attorney Date: City of Gilroy STAFF REPORT Agenda Item Title: Approval of a Cost Sharing Agreement With the City of Morgan Hill in the Amount of $150,642 with a Contingency of $15,000 (10%) for the Condition Assessment of a Joint Sewer Trunk Line from Morgan Hill to the South County Regional Wastewater Authority (SCRWA) Wastewater Treatment Plant Meeting Date: July 1, 2019 From: Gabriel Gonzalez, City Administrator - Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Gary Heap ❑ Fiscal Stability ❑ Downtown ❑ Economic Strategic Plan Goals Revitalization Development ❑ Customer Service ❑ Enhanced Public Safety RECOMMENDATION Approve a cost sharing agreement with the City of Morgan Hill in the amount of $150,642 with a contingency in the amount of $15,000 for the condition assessment of a Joint Sewer Trunk Line from Morgan Hill to the South County Regional Wastewater Authority (SCRWA) wastewater treatment plant, and authorize the City Administrator to execute the agreement and associated documents. BACKGROUND The Cities of Morgan Hill and Gilroy have a long standing partnership through the South County Regional Wastewater Authority (SCRWA), a Joint Powers Authority (JPA), which operates the wastewater treatment plant for both communities. Since 1967, the two Cities have also jointly managed a joint wastewater trunk line that extends from Morgan Hill through Gilroy to the treatment plant (the agreement is attached to this staff report). The partnership and JPA are dependent upon the City of Morgan Hill's ability to transmit its wastewater to the treatment plant, south from Morgan Hill through the unincorporated areas in the County as well as the City of Gilroy. The responsibility of ownership and maintenance of the joint trunk line is defined within the 1992 Exercise of Powers Agreement for the South County Regional Wastewater Authority agreement; with each City's wastewater utility overseeing the maintenance and repair of the line. In the current agreement, the City of Morgan Hill has full responsibility for maintenance of the line north of Highland Avenue in San Martin. Gilroy has the responsibility of maintenance for the line South of Highland Avenue, with Morgan Hill being responsible to reimburse the City of Gilroy for a percentage share of the costs. The percentage share of the cost reimbursement is based on the anticipated wastewater flow allocated to each City for each section of joint trunk line. In the past, the cities have worked on updating the agreement and management responsibilities for the current trunk line which was delayed or interrupted due to staff departures and other priorities. Staff members from both cities -are again working on this agreement. The next step in the process is to conduct a full assessment of the entire length of the existing joint -trunk line which is planned for the summer of 2019. A complete condition assessment of the joint trunk line serves Gilroy greatly in identifying possible problem locations and address issues before they happen. This will also help the City comply with our waste water discharge requirements by eliminating or minimizing the likelihood of possible Sanitary Sewer Overflows (SSO). In 2003 and 2008, the two cities jointly funded capacity analysis for the existing joint trunk and a proposed new relief trunk line. However, during the time of the capacity analysis a full condition assessment of the trunk line was not completed. The City of Morgan Hill is proposing this condition assessment be performed now. At this time the City of Morgan Hill is requesting the City of Gilroy fund 25% of the cost for the assessment of the existing trunk line based on the current maintenance responsibilities. FISCAL IMPACT This total proposed price for this work is $602,567 (for details, please refer to the attached scope and price proposal). Gilroy's share of the cost will be $150,642. Staff is also recommending a 10% contingency in the amount of $15,000 in the event of unforeseen changes to -the scope of work. The Sewer Enterprise Fund will pay for this work and the costs will be absorbed within the FY20 budget appropriations. Attachments: 1. Gilroy MH Cost Sharing MHCAO Approved Draft 06-17-19 2. Water Works Consultant Agreement F �Vti bii �' CONSULTANT AGREEMENT WATERWORKS ENGINEERS, LLC THIS AGREEMENT is entered into and becomes effective on (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and Water Works Engineers, LLC a California limited liability company ("CONSULTANT") hereinafter referred to collectively as "Parties." In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows: 1. City Authoritv. This Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on , 20 2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until June 30, 2020 at which time CONSULTANT'S services shall be completed. The City Manager is authorized to extend the term of this Agreement for a maximum period of one year. Any such extension shall be in writing and signed by both Parties to this Agreement. 3. Scope of Service. The services to be performed by CONSULTANT shall be the inspection and condition assessment of the joint trunk pipeline. as further described in Exhibit A. 4. Compensation. CONSULTANT shall be compensated as follows: 4.1. Amount. $602,567.00. Total compensation to CONSULTANT under this Agreement during its initial term set forth in Section 2 above shall not exceed Six Hundred Two Thousand, Five Hundred Sixty -Seven dollars and shall be billed based on the rate and basis set forth in Exhibit B. If the City Manager extends the term of this Agreement for up to one year pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to CONSULTANT during that extended term period, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement and provided further that in no event shall such maximum compensation allowed for the extended term exceed the City Manager's authority pursuant to Chapter 3.04 of the Morgan Hill Municipal Code, unless otherwise authorized by City Council. 4.2. Billinq. CONSULTANT shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by CONSULTANT on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 13 Notices. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY's judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY. 5. Termination. CITY or CONSULTANT shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination, CONSULTANT shall submit to CITY an itemized statement of services performed for which compensation has not been paid. CITY may require CONSULTANT to complete certain work product or documents and 1 Updated November 2018 CONSULTANT shall deliver to CITY all documents in its possession without additional compensation to CONSULTANT. The CITY Manager of CITY is authorized to terminate this AGREEMENT, in whole or in part, on behalf of CITY. 6. Performance of Work. CONSULTANT represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by CONSULTANT in accordance with professional practices in a manner. consistent with a level of care, competence and skill exercised by qualified members of the CONSULTANT'S profession. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. CONSULTANT shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of Performance," attached hereto and incorporated herein by this reference. CITY's City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement. If CONSULTANT desires to leave or store any of CONSULTANT's equipment at a CITY site while CONSULTANT is performing work or service pursuant to this Agreement, CONSULTANT will first obtain the consent of CITY's City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at CONSULTANT's sole risk. 7. Insurance Requirements. CONSULTANT shall procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of CONSULTANT, including its subcontractors, employees and agents, relating to or arising from the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or "umbrella" policies, provided each such policy complies with the requirements set forth herein. CONSULTANT further understands that the CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days' notice provided to CONSULTANT, at any time as deemed necessary to protect the interests of the CITY. 7.1. Insurance T'fpes and Amounts. 7.1.1. Commercial General Liabilitv (CGL). CONSULTANT shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) for bodily injury or death to any one person for any one accident or occurrence and at least one million dollars ($1,000,000.00) for property damage, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT's combined insurance policies (including any excess or "umbrella" policies), whichever is greater. 7.1.2. Automobile Liabilitv. CONSULTANT shall maintain Automobile Liability covering all owned, non -owned and hired automobiles (if CONSULTANT does not own automobiles, then CONSULTANT shall maintain Hired/Non-owned Automobile Liability) against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) for bodily injury or death to any one person for any one accident or occurrence and at least one million dollars ($1,000,000.00) for property damage, or (ii) the maximum amount of such insurance available to CONSULTANT. under CONSULTANT' combined insurance policies (including any excess or "umbrella" policies), whichever is greater. 2 Updated November 2018 7.1.3. Workers' Compensation Insurance and Emplover's Liabilitv. CONSULTANT shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT's combined insurance policies (including any excess or "umbrella" policies), whichever is greater. If CONSULTANT is self -insured, CONSULTANT shall provide its Certificate of Permission to Self -Insure, duly authorized by the Department of Industrial Relations. 7.1.4. Pollution (Environmental) Liabilitv. If the performance of CONSULTANT'S work or .service under this Agreement involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, CONSULTANT shall procure and maintain Pollution Liability covering the contractor's liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement. Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Such coverage shall be in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT's combined insurance policies (including any excess or "umbrella" policies), whichever is greater. 7.1.5. Professional Liabilitv. 7.1.5.1. If the performance of CONSULTANT's work or service under this Agreement involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), CONSULTANT shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT's combined insurance policies (including any excess or "umbrella" policies), whichever is greater. Further, if CONSULTANT maintains a claims -made policy, CONSULTANT shall provide written evidence of such insurance to the CITY for at least five (5) years after the completion of work performed under this Agreement. 7.1.5.2. If the performance of CONSULTANT's work or service under this Agreement relates to Information Technology or related services (examples include, but are not limited to computer programmers, software designers, hardware engineers, or other systems consultants), CONSULTANT shall procure and maintain, a claims made Errors and Omission liability insurance, including Cyber Liability and Data Breach, in the minimum amount of: (i) one million dollars ($1.,000,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT's combined insurance policies (including any excess or "umbrella" policies), whichever is greater. 7.1.5.3. If the performance of CONSULTANT's work or service under this Agreement involves contact with minors, CONSULTANT shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance 3 Updated November 2018 available to CONSULTANT under CONSULTANT's combined insurance policies (including any excess or "umbrella" policies), whichever is greater. 7.2. Endorsements. CONSULTANT shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below: 7.2.1. General Liabilitv. 7.2.1.1. The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds; 7.2.1.2. the insurer waives the right of subrogation against the City of Morgan Hill and the CITY's elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and, 7.2.1.3. insurance shall be primary non-contributing. 7.2.2. Workers Compensation. If the performance of CONSULTANT'S work or service under this Agreement involves access to or activity on any property or premises owned or occupied by the CITY, including, but not limited to, CONSULTANT'S presence during site visits and meetings, then insurer waives the right of subrogation against the City of Morgan Hill and the CITY's elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers. 7.3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued by a company licensed and admitted, or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a current A.M. Best's financial strength rating of "A" or better and a financial size rating of "VII" or better. 7.4. Certificates. CONSULTANT shall furnish CITY of Morgan Hill with copies of all policies or certificates as outlined herein, whether new or modified, promptly upon receipt. No policy subject to the CONSULTANT' agreement with the CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. Certificates, including renewal certificates, may be mailed electronically to riskmarrmtCa7.moraanhill.ca.aov or delivered to the Certificate Holder address provided herein Certificate Holder address: City of Morgan Hill Attn: Risk Management 17575 Peak Avenue Morgan Hill, CA 95037 8. Non-Liabilitv of Officials and Emplovees of the CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement. 4 Updated November 2018 9. Compliance with Law. 9.1. CONSULTANT and its officers, employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative . regulations, and permitting requirements in carrying out their obligations under this Agreement. CONSULTANT and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement. 9.2. Compliance with Wage and Hour Laws: Consultant, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code. Final Judgments, Decisions, and Orders: For purposes of this Section, a "final judgment, decision, or order" refers to one, for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with' the investigation and enforcement of wage and hour laws. Prior Judgments against CONSULTANT and/or its Subcontractors: BY SIGNING THIS AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING — IN THE FIVE (5) YEARS PRIOR TO EXECUTING -THIS AGREEMENT — THAT CONSULTANT OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH — OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE MANNER IN WHICH IT WILL SATISFY — ANY SUCH JUDGMENTS, DECISIONS OR ORDERS. Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that CONSULTANT or an subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or CONSULTANT learns of such a judgment, decision, or order that was not previously disclosed, CONSULTANT shall inform the City Attorney, no more than fifteen (15) days after the judgment, decision or order becomes final or of learning of the final judgment, decision or order. CONSULTANT and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision or order within five (5) days of satisfying the final judgment, decision or order. The City reserves the right to require CONSULTANT to enter into an agreement with the City regarding the manner in which any such final judgment, decision, or order will be satisfied. City's Right to Withhold Payment: Where CONSULTANT or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by ,a final judgment, decision or order of a court or government agency, the City reserves the right to withhold payment to CONSULTANT until such judgment, decision or order has been satisfied in full. 5 Updated November 2018 Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law. Notice to City Related to Wage Theft Prevention: Notice provided to the City Attorney as required under this Section shall be addressed to: City Attorney, City of Morgan Hill, 17575 Peak Avenue, Morgan Hill, CA 95037. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section. 10. Independent Contractor. CONSULTANT is an independent contractor and not an agent or employee of CITY. 11. Confidentiality. All data, documents, or other information received by CONSULTANT from CITY or prepared in connection with CONSULTANT'S services under this Agreement are deemed confidential and shall not be disclosed to any third party by CONSULTANT without prior written consent by CITY. 12. Conflict of Interest and Reportinq. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement. 13. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed address. These addresses shall be used for delivery of service of process. Notices shall be effective five (5) days after date of mailing, or upon date of personal delivery. Address of CONSULTANT is as follows: Water Works Engineers, LLC 1730 E. El Camino Real Suite 280 San. Mateo, CA 94402 Address of CITY is as follows: Engineering & Utilities Dept. with a copy to: City of Morgan Hill City Clerk 17575 Peak Avenue City of Morgan Hill Morgan Hill, CA 95037 17575 Peak Avenue Morgan Hill, CA 95037 14. Licenses, Permits and Fees. CONSULTANT shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes and regulations of the federal, state and local government: 15. CONSULTANT'S Proposal. If applicable, this Agreement shall include CONSULTANT'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern. 16. Maintenance of Records. 16.1. Maintenance. CONSULTANT shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and CITY rules and ordinances related to services provided under this Agreement. CONSULTANT shall maintain records for a period of at least 6 Updated November 2018 3 years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end'of the 3-year period, then CONSULTANT shall retain said records until such action is resolved. 16.2. Access to and Audit of Records. The CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of the CONSULTANT and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the request of the CITY or as part of any audit of the CITY, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement. 16.3. Ownership of Work Product. All documents or other information developed or received by CONSULTANT for work performed under this Agreement shall be the property of CITY. CONSULTANT shall provide CITY with copies of these items upon. demand or upon termination of this Agreement. - 17. Familiarity with Work. By executing this Agreement, CONSULTANT represents that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should CONSULTANT discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY. 18. Time of Essence. Time is of the essence in the performance of this Agreement 19. No Assignment. Neither this Agreement nor any portion shall be assigned by CONSULTANT, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be void and, at CITY's option, shall terminate this Agreement effective as of the date of such attempted assignment. 20. Attornev Fees. In any legal action, dispute or arbitration arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses incurred. 21. Defense and Indemnification. 21.1. Defense and Indemnification. CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers ("INDEMNITEES") from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations contained in this Agreement by CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors ("CLAIM"). 21.2. Exceptions. CONSULTANT is not required to indemnify INDEMNITEES against liability for bodily injury, property damage or personal injury, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the CITY. 21.3. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement apply to all CLAIMs alleged against an INDEMNITEE, regardless of whether any insurance 7 Updated November 2018 policies are applicable. Policy limits do not act as a limitation upon the amount of indemnification or defense to be provided by CONSULTANT. 21.4. Riaht to Offset. CITY shall have the right to offset against any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT's failure to pay CITY promptly any indemnification arising under this Section (21) and any amount due CITY from CONSULTANT arising from CONSULTANT's failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws. 21.5. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Code Section 2778. It is expressly understood and agreed that the obligation of the CONSULTANT to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this Agreement. 22. Entire Agreement; Modification; Conflictinq Provisions. This Agreement constitutes the entire Agreement between the Parties and supersedes any previous agreements, oral or written. This Agreement may be modified or provisions waived only by a subsequent mutual written agreement executed by CITY and CONSULTANT. If the provisions contained in the main body of this Agreement conflict with any provision contained in an exhibit to this Agreement, the provisions of the main body of this Agreement shall govern and control over any provision contained in an exhibit to this Agreement. 23. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was entered into and is to be performed in the County of Santa Clara. Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County. 24. Interpretation. This Agreement is a negotiated document and shall be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular Party based on a contention that the Agreement was drafted by one of the Parties including, but not limited to, California Civil Code § 1654, the provisions of which are hereby waived. This Agreement shall be construed and interpreted in a neutral manner. 25. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected -or invalidated. 26. Bindinq Agreement. Notwithstanding the provisions of Section 19 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of CONSULTANT in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally. [Signatures on Next Page] 8 Updated November 2018 27. Authority to Execute. Those individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown below. AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS: (1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER. ATTEST: CITY OF MORGAN HILL City Clerk/Deputy City Clerk City Manager Michelle Bigelow Christina J. Turner Print Name Print Name Date: Date: APPROVED AS TO FORM: Water Works Engineers, LLC City Attorney By: Donald A. Larkin Print Name Print Name and Title of Signer. If Corporate: Chairman, President or Vice President Date: Date: as Date: UALegal Forms\Consultant Agreements\City Standard Consultant Agreement.Docx Print Name and Title of Signer. If Corporate: Secretary, Assistant Secretary, Chief Financial Officer or Assistant Treasurer 9 Updated November 2018 EXHIBIT 0 SCOPE OF SERVICES I. General Overview Water Works Engineers, LLC (Consultant) and their sewer cleaning, and assessment Contractor, Professional Pipe Services (ProPipe), shall provide to the City of Morgan Hill (City) licensed professional Engineering services to complete field inspection and conduct condition assessment for the City of Morgan Hill and City of Gilroy Joint Trunk Pipeline (JTP). The scope of work generally includes executing cleaning and debris removal of all line segments during live flow with the Hvidved-Larson 315 Recycler; conducting a condition assessment (utilizing IBAK's Panoramo 3D Optoscanner technology) of the trunk main and its manholes; identifying and prioritizing the line segments in most need of repair, rehabilitation and/or replacement; acid development of a report summarizing the results. Ancillary work includes: preliminary construction cost estimating, schedule monitoring, preparation of reports and recommendations, and project management. II. Project Background The JTP is a critical pipe carrying sewage from Morgan Hill, through unincorporated Santa Clara County, into the City of Gilroy, where it collects flow from Gilroy customers and discharges to the joint South County Regional Wastewater Authority (SCRWA). The JTP is approximately 10.63 miles long and ranges in size from 15" to 33" diameter. The JTP includes an estimated 148 manholes and is constructed of a combination of material types, including vitrified clay, PVC, and Concrete. The average daily flow ranges from 2.55 to 3.29 million gallons per day (MGD). The intent of this study is to assess the current condition and capacity of the JTP, and to identify and prioritize degraded portions of the sewer line for rehabilitation. Capacity Assessment is not a part of this scope of work, however hydraulic modeling data, as provided by the City's modeling consultant (Akel Engineering Group, Inc.) as a teaming partner with Consultant, will be utilized where deemed appropriate by Consultant to assist with inspection and condition assessment activities. Consultant will include an evaluation of potential operation and maintenance (O&M) enhancements and/or capital improvements that could extent the useful life of the JTP, provide redundancy for emergency or by-pass operations. As needed stipends for select services are included to address unknown conditions, including: locating and uncovering buried manholes; heavy pipe cleaning and debris removal beyond 3- passes with the recycler; floating the inspection camera over immoveable debris; and sonar of submerged pipes that cannot be cleaned or bypassed. The JTP manhole entry points are located in varying conditions for access,. including moderately traveled traffic lanes and intersections requiring traffic control and potential limited working hours for access, paved or landscaped areas that require limited traffic control, cross country that may not require significant traffic control but will require dry ground surface working conditions; and one crossing of California State Highway 101. Consultant/Contractor will obtain Encroachment Permits for work in the County of Santa Clara and Caltrans Right- of -Way, as well as work with the project partner Cities of Morgan Hill and Gilroy to meet their encroachment permit requirements. The Consultant/Contractor shall perform cleaning, inspections and assessments to determine. and rate the condition of the pipeline and manholes. The inspections and assessment shall follow the National Association of Sewer Service Companies' (NASSCO) Pipe and Manhole Assessment and Certification Programs (PACP and MACP). The Consultant/Contractors shall provide a condition assessment consistent with the PACP and MACP methodologies for all JTP pipe segments and manholes. The assessment shall include defect descriptions, remaining life estimates, and repair 10 Updated November 2018 and rehabilitation options. The Consultant/Contractor shall also prepare a prioritized rehabilitation program including a table summary, by pipe segment, of the remediation program that includes type of defect, severity, recommended rehabilitation/repair method, schedule and cost estimate. Final report Shall be.signed and sealed by Professional Engineer. The Consultant/Contractor shall provide all the equipment, labor, and materials necessary to perform all work for the pseudo -Closed -Circuit Televising (CCTV) inspection, utilizing IBAK's Panoramo 3D Optoscanner technology and assessment of mains, manholes, and appurtenances that make up the gravity sanitary sewer system. The City requires the use of NASSCO's PACP and/or MACP version 7.0 or later collected on IBAK compatible software and exported/imported into the to City's current version POSM inspection software program utilizing a standard .NASSCO-PACP exchange database. Video files will not be transferred into POSM, but NASSCO-PACP/MACP header data and defect coding and scoring shall be. Video files will be accessible via a GIS linked IBAK Panoramo viewer provided to the City. Ill. Scope of Services Task 1 — Project Management, Encroachment Permitting and Mobilization The consultant will perform all engineering and project management related work necessary to conduct the inspection and condition assessment as further detailed below. Consultant services shall include, but are not limited to: project management, investigation, condition assessment, analysis, prioritization, scheduling, estimating, encroachment permitting/regulatory compliance for condition assessment work in County, City or Caltrans controlled Right -of -Way or City owner easement and project reporting. Services shall also include coordination with the City, County, utility companies, and contractors working in the area. Provide and maintain traffic control and safety devices, including all personnel necessary for effectively directing vehicular, pedestrian, and bicycle traffic through project zone. Also develop and implement a health and safety plan and comply with all OSHA and CAL/OSHA requirements when working in the sewers or vicinity of hazardous substances. All manhole entry shall follow the confined space entry requirements of CAL/OSHA, County of Santa Clara, and the Cities of Gilroy and Morgan Hill. A. Project Management The consultant will be the primary responsible party for managing the project's schedule and consultant contract budget. In addition, the consultant is expected to attend a minimum of two progress meetings and prepare action item logs for subsequent follow-up. The consultant is expected to maintain frequent (minimum weekly during field activities) and timely communication with City staff throughout the duration of the project. All project schedules shall be prepared in Gantt chart format, utilizing Microsoft Project software. Schedule updates shall be provided periodically (minimum monthly). Consultant's own team should have provisions for quality assurance/quality control over work product prepared for the City, including peer review for overall thoroughness, coordination, and reasonable *reduction in errors and omissions. The consultant shall host an FTP site (using project specific folders on www.DropBox.com or similar file sharing site) throughout the project's duration for electronic file sharing. 11 Updated November 2018 B. Site Investigation and Mobilization Consultant / Contractor shall complete a site investigation to confirm the method and sequence of the cleaning and condition assessment; assess encroachment permitting and traffic control requirements; and utilize City provided survey to locate all manholes and identify those that may be buried and/or inaccessible and may require use of "as -needed" stipend to uncover (see Task 1.1) — Buried Manholes). Consultant shall provide a list of any such "inaccessible" manholes to City along with estimated cost of work to uncover and obtain approval from City prior to commencing field work to uncover manhole. Where "inaccessible" manholes can be bypassed but all line segments still assessed, Consultant will provide such option to City as an alternate to utilizing "as -needed" stipend for field work. Contractor will mobilize cleaning and inspection equipment to site when deemed appropriate based on confirmation of methodology, sequence of work, accessibility to entry points, and encroachment permit approval. C. Encroachment Permitting . 1. Based on field reconnaissance, Consultant and Contractor shall identify, develop and submit encroachment permit applications (including traffic control plans) to: a. City of Morgan Hill b. City of Gilroy C. County of Santa Clara d. Caltrans 2. City will provide administrative assistance to facilitate communications with these entities, including: a. Provide contact names for permitting entities as available. b. Assist with internal communications within the Cities of Morgan Hill and Gilroy to, facilitate submittal review and approval. C. Produce letter on City letterhead to Caltrans and the County of Santa Clara identifying Consultant/Contractor as your approved agent for securing the permit. d. If required by the agency (likely for Caltrans and County of Santa Clara), accompany Consultant/Contractor to agency department for submittal and/or meeting related to project overview and discussion of permit requirements. D. Buried Manholes Consultant shall contract.with a local underground contractor to uncover all buried manholes approved by the City for such provision of access. Exact cost of each location meeting this need will be provided to the City on a case by case basis and only those approved for work shall be completed by Consultant's underground contractor. Exact underground contractor will be based on availability of their staff and equipment at such time as work is needed. A stipend amount for this "as needed" work has been included in the cost estimate. Task 2 — Line Cleaning The Contractor will perform all field work necessary to conduct the cleaning and debris removal for JTP segments identified for inspection as part of the project. Contractor shall complete large diameter pipe cleaning (in live flow) utilizing the Hvidved-Larson 315 "Recycler", which enhances safety during operations and provides the following advantages. • Operated on recycled wastewater, in a flowing pipeline, thus enabling jetting operations for the day, significantly reducing the use of "potable" water. • Enhances large diameter cleaning without bypass. • Supports operation of truck cleaning accessories remotely. 12 Updated November 2018 • Utilizes a single flexible tube vacuum hose, which eliminates the need to connect rigid tubular connections over an open maintenance hole. • Significantly reduces number of times water filling from fire hydrants. • Higher cleaning footage production when compared to traditional hydro -vacuum combination cleaning trucks. A. Base Cleaning and Debris Removal 1. Contractor will operate the "Recycler" instep cleaning cycle for every pipe segment such that no material that can be moved by the "Recycler" remains in the pipe. a. 3-pass step cleaning is included as part of base cleaning price ($/If cleaned by pipe size) .2. Contractor may decant water out of solids holding tanks at the city's WWTP and will dispose of remaining solids at Contractor identified location capable of accepting such materials. B. Additional Cleaning 1. Any additional cleaning (beyond 3-pass) required for moveable debris will be done as an hourly added price ($/hr additional cleaning by the "Recycler") 2. If the material found is solidified or of a size (i.e. large boulders, concrete, etc.) that cannot be moved with the "Recycler" those lines will not be cleaned completely and will be assessed with the "raft" camera set-up for condition assessment and identified for cleaning as part of a future "Heavy Cleaning" Capital Improvement Project a. Consultant shall assess these pipe conditions and provide the City a recommendation as to the benefit of sonar to quantify material and/or camera `float" inspection of these lines also, either of which would be completed only after approval by the City under the "as needed" additional line item cost ($/LF) found under subsequent task work descriptions. C. Debris Disposal Consultant shall be responsible for disposal of materials collected as part of work (solids and water collected and stored in "Recycler" or other project equipment) including, solids storage and dewatering bin placement at WWTP; loading; and transport by disposal company. Payment for this disposal effort shall be on an actual cost +10% basis estimated at a not to exceed amount of $8,750 based on industry typical expectations for debris from 3-pass Line Cleaning (light cleaning). D. IBAK Panoramo Manhole Inspection 1. Contractor will complete cleaning of manholes in preparation for IBAK Panoramo SI 3D Optical Scanner ($/each manhole cleaned) Task 3 — Pipeline and Manhole Field Inspection The Contractor will perform all field work necessary to conduct pseudo -Closed -Circuit Televising (CCTV) inspection, utilizing IBAK's Panoramo 3D Optoscanner technology, of approximately 10.63 miles of JTP pipe and 148 manholes. The condition assessment and analysis shall generally include the following: • Examination of the line including condition of the pipe and manholes utilizing IBAK's Panoramo 3D Optoscanner technology as provided by Professional Pipe Services (Pro- Pipe) a Division of Hoffman Southwest Corp. • Panoramo Optoscanner digital documentation of lines and manholes • Identify any deficiencies including, but not limited to surcharged manholes, grease buildup, leaks, sags, off -sets, sedimentation, or root intrusion • Identify visible sources of infiltration and inflow (1/1) and include strategies for inspection/reduction/elimination of identified sources in preliminary design report 13 Updated November 2018 • Identify any sections of the trunk main that are expected to require higher levels of ongoing maintenance due to grease build up, sedimentation, or other conditions The field investigation and analysis must be adequate to confirm the existing condition of JTP components and identify components that are deficient, or need to be upgraded to ensure reliable, long-term operation of the line. Consultant recommendations for enhanced maintenance, rehabilitation or replacement shall be based on structural and O&M defects identified during the field assessment. Consultant shall review all field collected data and make recommendations based on this data. Special Certification Requirements: All CCTV operators and Quality Control (QA/QC) staff shall be certified by the National Association of Sewer Service Companies (NASSCO) by passing the Pipeline Assessment and Certification Program (PACP) and Manhole Assessment and Certification Program (MACP). The methodology of evaluation, data collection, and reporting criteria used for the NASSCO certification shall be practiced for all CCTV/Panoramo inspections. The project tabular data shall be delivered electronically to the City in the current NASSCO Standard Database Exchange format for PACP and MACP, which will be importable into the City's POSM CCTV software. Optoscanner digital data shall be exported and delivered in a no license required PipeLogix viewer format (1 each per segment with a self -executable viewer launch file), PACP coding, integrated reports into the viewer, PACP exchange database and GIS shape files with linked viewers to pipe segments and observations delivered on portable flash media or hard drive. This format does not require proprietary software to be reviewed and can be viewed with the standard self -executable MS Windows compatible software. Cost for these services shall be included in the following unit price pay items. A. IBAK Panoramo Inspection with Tractor 1. Contractor will complete inspection of pipelines using IBAK Panoramo 3D Optoscanner with tractor centered in pipe ($/If inspected by pipe size) B. IBAK Panoramo Inspection "Float" 1. Contractor will complete inspection of pipelines using IBAK Panoramo 3D Optoscanner with "floated" camera ($/If inspected, only possible on pipes > 24" diameter) 2. Consultant will identify pipes that cannot be cleaned to sufficient level to eliminate immoveable debris and present those segments to City as potential locations where "float" set-up could provide adequate condition data. 3. Upon approval by City, Consultant/Contractor will "float" these lines for Condition Assessment on an "as -needed" stipend basis. C. Plug and Release Flow Control 1. Contractor will plug upstream manhole for periodic short duration (5-15 min) to reduce flow and provide view of pipe invert ($leach plug set-up), assuming 64 plug set-ups, one per two pipe segment inspections. 2. Consultant will consult with City's modeling consultant to determine maximum durations of plugging based on dry and wet weather flow conditions for each manhole where plugging is to be used. 3. Contractor shall provide observation of upstream manhole pull plug at any point in time where surcharging of line exceeds 3'ft above pipe crown or within 3-ft of rim at any point in system. D. IBAK Panoramo Manhole Inspection 14 Updated November 2018 1. Contractor will complete inspection of manholes using IBAK Panoramo SI 3D Optical Scanner ($/each manhole inspected) The following are assumed conditions for the Pipeline and Manhole Field Inspection scope of services: 1. It is assumed submerged pipes that are siphons will be cleaned and assessed under a separate line item. 2. Work will be completed during dry season, commencing after April 1, 2019. a. Inaccessible manholes / entry points due to wet weather and/or no access rights will be addressed as follows: i. If due to wet weather combined with lack of wet weather road access, Contractor will mobilize to all weather access.segment and return later in the project to complete those segments without a remobilization cost. ii. If its later in the project and no segments are accessible for more than 2 consecutive days, a remobilization cost and the project deliverables will be delayed so as to include those segments in this assessment 3. If due to entry points that cannot be accessed because the City does not have the access rights or the manhole is located in a place where no equipment can get to it, then Contractor will attempt to video from a downstream or upstream manhole and go through multiple manholes with the equipment to bypass the need for access, but if that cannot be accomplished then Contractor will not assess that manhole unless access can be provided by the City. The following are assumed to be excluded from the Pipeline and Manhole Field Inspection scope of services: 1. Bypass pumping and operating pump stations 2. Environmental/erosion control 3. Actual cost of permits, licenses and performance bonds (if any) 4. Excavation of any kind 5. Access (Owner shall provide adequate access, i.e. provide access to easements and/or approve use of "as -needed" stipend funds to uncover buried manholes or allow Contractor to CCTV through those manholes, if possible, which would eliminate that manhole form MACP inspection) 6. Additional mobilizations- (proposal is based upon 1 instance of mobilization for the above services) 7. Mechanical Cleaning or Cleaning beyond normal conditions- (Cleaning footage prices are for cleaning 3 passes with a "Recycler" and hourly rate for additional "Recycler" debris removal, no mechanical cleaning shall be completed as part of this scope of services) 8. Water (City shall provide approved. location to obtain water for "Recycler" and other project water uses at no cost to Consultant/Contractor). Task 4 — Submerged Pipeline Field Inspection The Contractor will perform all field work necessary to conduct inspection of pipelines found to be submerged and flow control and/or debris removal cannot provide accessibility to that segment for condition assessment. A. Siphon Cleaning and Inspection Contractor shall provide all labor, material and equipment to provide by-pass pumping; cleaning; debris removal/disposal; and CCTV inspection of one (1) known siphon on JTP alignment, estimated at 500-If of length between bypass manholes. 15 Updated November 2018 B. Sonar Submerged Pipe and Produce Debris Report Consultant shall evaluate sewer main using a non-destructive pipe assessment technology as proposed by the consultant if it will result in detailed information about the condition of lines that can't be obtained by CCTV inspections. This may be considered for fully submerged pipes, where bypass pumping is impractical in most of the main due to traffic, to quantify the amount of sediment present, to identify structural anomalies or to check the integrity of RCP line segments. The severity of surcharge and/or complete submergence in each pipe segment will be evaluated by Consultant team during the initial Panoramo Optoscanner condition assessment and recommendations as to the effectiveness of sonar deployment will be made to the City at that time. For the purposes of this scope of services and fee estimate, Consultant has assumed sonar inspection for Non -Destructive, Pipe Condition. Assessment services shall be completed on a "as - heeded", not to exceed stipend basis upon approval from City. Sediment levels are identified in the pipe using a sonar unit. The sonar equipment operates on the general principal of measuring the different velocities of sound in water from differing materials. The sonar head sends out ultrasonic signals that are reflected from materials in the sewer below the waterline. The time delay of the reflected signals is used to generate a profile of the surfaces under water. Sonar can be used to provide information on submerged debris, with additional limited ability to identify and quantify pipe settlement, joint alignment and submerged deformations in sewers. Results of the post -inspection data processing will be reviewed by Consultant and resultant recommendations for O&M enhancements, additional more detailed inspection; repair or rehabilitation would be included in the draft and final reports. Task 5 — Traffic Control Plan Development and Implementation Contractor will develop and perform all field work necessary to provide traffic control for inspection of pipelines and manholes in accordance with encroachment permit requirements. For the purposes of meeting County of Santa Clara, City of Morgan Hill, City of Gilroy and Caltrans encroachment permitting and project work zone conditions, it is assumed the following types and quantities of traffic control permits will be developed and implemented: A. Qty (1) Typical "Easement" Traffic Control Plan not requiring PE stamp; B. Qty (3) Typical "City Right of Way" and/or "County Right of Way" Traffic Control Plan(s) not requiring PE stamp; C. Qty (1) Individual Location "Caltrans Right of Way" Traffic Control Plan requiring PE stamp. Task 6 — Condition Assessment Report Consultant will produce a Condition Assessment Report (Draft and Final Report) that summarizes the results of all field activities and office assessments; describes the viability of the existing pipeline and,appurtenances; details the process used to make that assessment; and provides recommended improvements and costs. The Report will include: ❑Purpose of the Investigation ❑Summary of Field Assessment and Field Procedures ❑Findings of the Field Condition Assessment ❑Risk Assessment Algorithm and Results 16 Updated November 2018 ❑Description of Proposed Repair, Rehabilitation & Replacement (RRR / Renewal) Alternatives and Recommendations ❑Unit Cost for each RRR Activity and Supporting Documentation ❑Methodology for Project Bundling ❑Construction Cost Estimates ("hard" and "soft" costs) ❑Proposed Improvement Project Bundles and Prioritization (0-3 year / 3-10 year / 10- 20 year) ❑Competitive Bidding Potential and Recommendations (by methodology, pipe material, location, etc.) ❑Potential Constraints (Geotech, ROW, Environmental, Utilities, Constructability, Permitting, O&M, etc.) ❑Project Summary Sheets (plan, summary of work, costs, bid alternatives, permits & constraints) ❑Operations and Maintenance Enhancements (line cleaning, increased CCTV, etc.) The Report shall be clean, clear, concise and complete; and submitted to the City in Draft format for comment and Final format with all City comments addressed. The Report will serve several key functions as follows: ❑Identify all engineering issues and constraints and recommended resolutions; ❑Provide guidance for effective and efficient execution of final design; ❑Discuss potential procedures for maintaining service during construction; ❑Locate tie-in requirements and expectations so City can confirm; and ❑Provide a defect summary table, defect maps, rehab recommendations, project map and summary for use with future design and potential permit application (should they be necessary). A. Draft Report The report shall be clean, clear, concise and complete; and submitted to the City in Draft format at a Draft Report Review Workshop facilitated by Consultant staff. Consultant will receive comments during workshop, as well as written review comments as provided by City, and produce Final Report with all City comments addressed. B. Final Report Once the draft report has been approved by the City, the consultant shall finalize the Report by incorporating any last comments provided by the City and consultant's internal peer review.. The final signed and stamped Condition Assessment Report will be submitted, including six (6) color hardcopies along with digital copies (PDF and native format) of all documents. IV. Available Documents The documents listed below shall be made available to the Consultant by the City. 1. AutoCAD Civil 3D of the alignment and associated survey (DWG in AutoCAD Civil 3D) 2. GIS of the City of Morgan Hill and Gilroy entire system(s) with any size, material, rim and invert attribution date (geodatabase preferred, .shp file as an alternate) 3. Hydraulic model files a. Access via City of Morgan Hill's modeling subconsultant to the City's 2017 InfoSWMM by Innovyze hydraulic model files as a .CSV and .SHP file for existing conditions Average Dry Weather Flow (ADWF) and Peak Wet Weather Flow (PWWF) at each manhole along the alignment. 17 Updated November 2018 EXHIBIT B Schedule of Costs Item Description Unit Quantity I Total 1.A Project Management T&M NTE JUnitPrice 1 $18,750.00 $18,750 1.13 Site Investigation & Mobilization I.s. 1I $12,500.00 $12,500 1.0 Encroachment Permit(s) T&M NTE 1 $12.500.00 $12.5001 1.D Locate & uncover buried MHs* I.s. 1 $25,000.00 $25,OOOI 2.A Pipe Cleaning 3-pass with "Recycler" (assumes pipe 15% full of soft debris) 1 15 - 18 inch dia I.f 6183 $1.94 $11,9951 21 - 24 inch dia I.f 17376 $2.30 $39,9651 30 - 33 inch dia I.f 38553 $3.44 $132,6221 2.13 Pipe Cleaning beyond 3-pass with "Recycler" (assumes 1 pipe > 15% full of soft debris) 1 "Recycler" Hourly Rate* Hr. 60 $431.00 $25,860I 2.0 Debris disposal I.S. 1 $8,750.00 1 $8,750 2.D (Manhole Cleaning each 148 $118.00 $17,464 3.A (CCTV Inspection w/ IBAK Panoramo. PACP coding converted to POSM, periodic invert insp. 15 - 18 inch dia I.f 6183 $0.81 $5,008 21 - 24 inch dia I.f 17376 $0.81 $14,075 30 - 33 inch dia I.f 38553 $0.81 $31,228 3.13 (CCTV Inspection "Float" Camera only if immoveable debris levels (>24" pipes) "Float" Stipend adder* I.f 5000 $2.00 $10,000 3.0 I Plug and Release Flow Control Pipe Plug Set-up & Ops each 64 $700.00 $44,800 I 3.D Manhole Inspection w/ SI each 148 $90.00 $13,320 4.A ISiphon Cleaning with Bypass Pumping and CCTV I Siphon Cleaning (mobilization) I.S. (each) 1 $4,250.00 $4,2501 Siphon CCTV l.f 500 $4.25 $2,1251 Bypass pumping for Siphon I.S. 1 $15,000.00 $15,0001 I 4.13 I (Sonar Submerged Pipe and Produce Debris Report � Sonar Mobilization* I.S. (each) 1 $3,360.00 $3,360 Sonar Field Activities* I.f 500 $4.99 $2,495 I 5 ITraffic Control Plans 5.A I "Easement" each. 1 $2,250.00 $2,250 5.13 I "City /County Right of Way" each 3 $4,250.00 $12,750 5.0 I "Caltrans Right of Way" each 1 $37,000.00 $37,000 6 1 (Condition Assessment Report T&M NTE 1 $99,500.00 $99,500 I TOTAL I Base Project Cost (no permitting, stipends or alternate methods) $523,352 Total Project Cost (with permitting, no stipends or alternate methods) $535,852 (Total Project Cost (with all permitting, stipends & alternate methodology amounts) I $602,567 * "As -Needed" Not to Exceed Stipend Upon Approval from City 6 6 abed m E a N°o r E E m n u u .y a" � Q� n � e C o � LL � O U e °• u t7 a 0 u3 E U E_ ❑g o m A a" ��' a 0 d 2-1 r v a � n � o c E � z a ti •Oc �yy li y A u o' S d li E d u e d a m m c '' E G�• c c '� `u a v m tt �_ m co u U E m i - jN• t1 U Y EE m 3 a :s _ _ r r E - "• 't2 a � � � -� - - E a - E ?— 1 J 3r,--"r- n D - U �a o E g c N fi a$ g 3 s U a y =a a e e $ c a> 4 c e a N c u a u m ggc - 3 •m a R 0 e - ul— a yY ^ S I E a E � m - - m m m m rn rn m m m m m m m m m m m m rn .m m m m m m w ri V N V1 N eF N ai W' M O m O lD l0 O w O M m M m m M m m M m m rn m o� m m m m O w V n p N lf) w V (� CO ri lD p n c-I u1 w r f E N N \ r-' N r•I rd \ N ri \ N N N \ M \ \ \ \ \ \ \ \ \ \ \ 'cY \ \ \ �\ \ \ l0 \ \ \ ri \ ri r-I \ N \ 00 \ \ \ 01 •- �D m m m tD et p m 'n m m > d' Ul ¢t �p O a• O 'q' N _ .6 ly •_ y •- •- ._ ._ ._ 7 3 0' 7 L 3 O cC c� L > > L CC '- CC LL u_ G7 yLL LL LL lL LL F F I--' F- ~ F- F- r ~ ~ ~ to O O n e m �O e ^ O1 CO Ol m 01 cG O -_ cC p cC O 'O- CC cO -O O 7 GI -O' -O 'O w 2.LL ~ E o L G G G G ! 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