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Home My WebLink AboutAffordable Drain Services Inc dba Affordable Pipeline Services; 2012-11-28; CA925PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 66071 CA925 d Fee Allotment, is entered into on pursuant to an Agreement between 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide closed-circuit television (CCTV) inspection services and report preparation including data provided on DVD and in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated September 8, 2015, ("proposal"), attached as Appendix "A" for the Corrugated Metal Pipe Replacement Program, (the "Project"). The Project services shall include all services necessary to provide CCTV services including traffic control. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within thirty (30) working days thereafter but no later than November 28, 2015. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials as specified in Table 1. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $5,690. City Attorney Approved Version 1/30/13 CA925 TABLE 1 FEE ALLOTMENT NO. 4 Corrugated Metal Pipe Replacement Program TASK GROUP LUMP SUM FEE CCTV truck and crew, traffic control services, digital $5,690 documentation of pipeline and condition assessment Note: A Right-of-Way permit is required when traffic control will be used. This is a no fee permit and a copy of the application is attached. TOTAL {Not-to-Exceed) $5 690 Executed by Contractor this ____ day of-------------' 2015. CONTRACTOR sign here) } u QJ1t John 60n, V10t Pre61dw r (print name/title) AFFORDABLE DRAIN SERVICE, INC., a California corporation (name of Conztor) By~~sig~ If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By ~JNJ~~ P ick A. Thorn s Public Works Director Date:____,_\ (J-+-1 fliJ_/~o-t_s-___ _ I APPROVED AS TO FORM : CELIA A. BREWER, City Attorney BY: ~v-k__,L.>d· ~~~~- AssistaAt City Attorney kt~ 2 City Attorney Approved Version 1/30/13 AFFORDABLE PIPELINE SERVICES A DIVISION OF AFFORDABLE DRAIN SERVICE, INC. September 8, 2015 City of Carlsbad Attn: Sherri Howard RE: Storm Drain Inspections Proposal Affordable Pipeline Services is pleased to offer the following proposal for your inspection project. Scope of Work: Appendix "A" Affordable Pipeline Services to provide CCTV inspection services for specific sections of pipe described as 'CMP Pipe -At Outfalls'. Specifically the following pipes; SA-1, 6C-S202, 16C-S205, 16D-110, 16D-S204, and sections along Camino Hills Drive at Jackspar. The section that starts at SA-l/Jefferson Street will require the use of secondary traffic control services. The section at 6C-S202/Carlsbad Village Drive will require an additional person to help with accessing the structure. All other sites will use standard traffic control and standard 2 man crew size. The CCTV inspections will include identifying the existence of any lateral connections and documenting the extent of any obstructions, structural deficiencies, sags or sediment deposits. Televising will conform to Section 500-1.1.5 of the Standard Specifications for Public Works Construction (Green Book). Price: CCTV Inspection w/ two man crew Additional Tech Traffic Control Services $3,120.00 $220.00 $2,350.00 Total Proposal $5,690.00 Exclusions: • Affordable Pipeline will not be held responsible for damage to infrastructure due to any part of the inspection process, except as stated in Paragraph 9 {Indemnification of the Master Agreement dated November 28, 2012. • Does not include bonds, traffic control plans or permits for sites other than Jefferson Street • Does include any costs to clean the storm drain pipelines. Assumptions: • Project is Non-Prevailing Wage. • All manholes are accessible by equipment. • All camera equipment conforms to OSHA's Title 8 Approval Requirements for electrical safety. • Price quotes valid for 30 days. Thank you for contacting us. Please feel free to contact me at (858) 689-4000. ~ Accepted by: Print Name: Co Charfauros Operations Manager Title: 8340 Juniper Crnk Lana. San Diauo. California [8581 688-4000 Fax l858J 688 -4035 ll#JBII Atlas maps htto:/ /gismaos.ci .carlsbad. ca. us/atlasMaos/WebPages/Mao/Fundv Viewer .as ox Page I of I CA925 9/3/2015 City of Carlsbad RIGHT OF WAY PERMIT APPLICATION CITY/CMWD PROJECTS E-12 JOB ADDRESS: -::!ff~~,..lJ 'l\JN,~, ADAf"\SJ cr-hv GJAPtN 1 NEAREST CROSS STREET: Development Services land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca .gov ' cA.Ml.J 0 \-f (L.L$ • ecfL I I BID OR AGREEMENT NO.: ASSESSOR PARCEL NO(S): DRAWING NO. (if applicable): BRIEF DESCRIPTION OF WORK: ~-N I~Pf;c.f\o.J OF ~~~C> '~t>8-;"""' Of'Z.kt ""~ PROPOSED START DATE: lo-\"'l -\~ ESTIMATED COMPLETION DATE: I0-1\.D-f~ CONTRACTOR (Permittee) NAME (Print or Tvoe): A'ff-o~~~ ~A\rJ s6-(Lv\~ I INC,.. CONTACT PERSON : t.o~ey C\4A (2..f AlA P-cJS MAILING ADDRESS: a~o jut-~,~ ~E"'" L.AJo.,le. CITY, STATE: 5~ D\Eao CJ.. EMAIL ADDRESS: CC'"WafAIAAAeAEfcP.D~~~(N.Cof'\ PHONE NUMBER: ~S% .. (pgq .. ~/f1Jq-"(tS.G\34f.3 • 24 HOUR EMERGENCY TELEPHONE: f sf.-(# f:, .. '-( 000 STATE CONTRACTOR'S LICENSE NUMBER: r'toct~ct STATE CONTRACTOR'S LICENSE TYPE: A CITY OF CARLSBAD BUSINESS LICENSE NUMBER: \7-l..'\'1.-CP I By its signature below, permittee agrees to indemnify, hold harmless, and defend the City of Carlsbad or its officers or employees from all claims, damage or liability to persons or property arising from or caused by an activity or work done pursuant to this permit vnle" the d~;hty wa. cav~le acUve negligence of the city oc "' office c. oc employee,. Thl' agceement ;, a condition oft ss nee ~ht-of-. 9'-Z5-I,i SIGNATURE / DATE The same name must appear on this application, the Cash Security Agreement and the request for refund as the permittee. CITY USE ONLY PERMIT NO.: ENTERED INTO COMPUTER BY: TCP APPROVED BY: INSURANCE CHECKED BY: E-11 DATE: EXP. DATE: Page 1 of 1 DATE STAMP APPLICATION RECEIVED REV 11/14 (City of Carlsbad RIGHT OF WAY PERMIT SUBMITTAL CHECKLIST CITY/CMWD PROJECTS E-12A THIS SECTION TO BE COMPLETED BY CITY PERSONNEL Development Services land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov City Project No.6607 City Project Name Corrugated Metal Pipe Replacement Program Project Manager Sherri Howard -760-602-2756 RIGHT OF WAY PERMIT APPLICATION To be completed and signed by contractor doing the work. The contractor is the Permittee and is ultimately responsible for all work done that affects the right-of-way. X 1. Completed application form ___ ,2. Traffic Control Plan (per city specifications) COMMENTS: :f?'A~< e ~ 'Pc..A~S ~12-e ~e.~.J~ k~~ SA\~y t . .S~Pflc..'l A~ M~ 'Q.~ $'~r.~SMtT'reO I SUBMITTAL COMPLETE. CHECKED BY: ________ DATE: _________ _ E-11A Page 1 of 1 REV 07/14 CA925 RATIFICATION OF PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 PROJECT NO. 55131 scription and Fee Allotment, is entered into on =--+--=-=':~":-¥---'~-r:-+-t~~~~-=--=-'' but effective as of March 1, 2014, ratifying the Tas of the reement een Affordable Drain Service, Inc. dba Affordable Pipeline Services, a California corporation, C'Contractor'') and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreemenf'), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide large diameter sewer pipeline cleaning and closed-circuit television (CCTV) inspection in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposed scope of work attached as Appendix "A" for the Batiquitos Outfall Sewer Cleaning and Inspection, (the "Project"). The Project services shall include the scope of work as outlined in the attached Appendix "A" and the verbal agreement between the Project Manager and the Contractor for additional cleaning due to a large amount of debris in the trunk line. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within thirty (30) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 15 working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. RATIFICATION OF TASK The Parties desire to ratify any scope of work already performed by the Contractor without the benefit of the Task. The retroactive Task of the Agreement is ratified. 4. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the Citv through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $7,200. City Attorney Approved Version 1/30/13 1 CA925 TABLE 1 FEE ALLOTMENT BATIQUITOS OUTFALL SEWER CLEANING AND INSPECTION TASK GROUP LUMP SUM FEE Additional traffic control, sewer cleaning and inspection services $7,200 TOTAL (Not-to-Exceed) $7,200 Executed by Contractor this ___ day of ____________ ,, 2015. CONTRACTOR AFFORDABLE DRAIN SERVICES, INC., dba AFFORDABLE PIPELINE SERVICES, a California corporation By: Duane Johnson I Vice President (print name/title) AFFORDABLE DRAIN SERVICES, INC., dba AFFORDABLE PIPELINE SERVICES, a California corporation (name of Contractor) By: fttv"'=(sig~· Bryan Post I Secretary (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ~-~ oaw ~Pin- Patrick Thomas APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 CA925 APPENDIX "A" Batiquitos Outfall Sewer Cleaning and Inspection -Additional Work Scooe of Work: Affordable Pipeline Services to provide pipeline cleaning, manhole inspections and CCTV inspection services for additional work on the Batiquitos Outfall Sewer Cleaning and Inspection Project due to the amount of debris. Video shall include audio comments addressing conditions and abnormalities. Report to be provided with comments and assessment of pipeline according to industry assessment standards. Price: Price for the above and including traffic control, sewer cleaning and inspection -$7,200 Exclusions: • Project does not include Caltrans permits. • Does not include any additional insurance beyond what we are currently providing to the City of Carlsbad on our existing contract. • Affordable Pipeline is not responsible for the replacement of damaged vegetation in the City's easement due to the cleaning process. Assumptions: • All work to be done during normal working hours. • The City of Carlsbad to provide a water meter at no cost to Affordable Pipeline Services. • The City of Carlsbad will provide a disposal facility at no cost to Affordable Pipeline Services. • Flexidata reporting database will be used for logs and video capture. • All camera equipment conforms to OSHA's Title 8 approval requirements for electrical safety. PROJECT TASK DESCRIPTlON AND FEE ALLOTMENT NO. 2 BATIQUITOS OUTFALL SEWER CLEANING AND INSPECTION CA925 This cond Project Task Description and Fee Allotment, is entered into on ~~~~~~~..c,_r-~""'-'~~~~-:-r014, pursuant to an Agreement between Affordable Drain Se ce, Inc. dba Affordable Pipeline Services, a California corporation ("Contractor'1 and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreemenf'), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBUGATIONS Contractor shall provide large diameter sewer pipeline cleaning and closed-circuit television (CCTV) inspection in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated September 4, 2013, ("proposal"), attached as Appendix "A" for the Batiquitos Outfall Sewer Cleaning and Inspection·. (the "Project"). The Project services shall include the scope of work as outlined in the proposal. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 30 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 15 working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "B", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements. scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "8". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the Citv through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $23,893. City Attorney Approved Version 1/30/13 1 TABLE 1 FEE ALLOTMENT BATIQUITOS OUTFALL SEWER CLEANING AND INSPECTION TASK GROUP LUMP SUM FEE Pipeline cleaning and inspections $16,400 Easement machine rental $ 1,236 Traffic control Plans, Permits and setup $ 5,882 Setup, rental and removal of ramps for disposal $ 375 TOTAL (Not-to-Exceed) $23,893 Executed by Contractor this ___ day of ____________ , 2014 CONTRACTOR AFFORDABLE DRAIN SERVICES, INC., dba AFFORDABLE PIPELINE SERVICES, a California corporation AFFORDABLE DRAIN SERVICES, INC., dba AFFORDABLE PIPELINE SERVICES, a California corporation (name o1 c~mra~ By: B~ I~ ~ (sign here) ~"" '-\ (A.'("\ \> 0~-\--~ u, v t:\-4,\1" "'\ " (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer{s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ·'L-J..rl"" It( Date:---------- APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 AFFORDABLE PiPELINE SfRVlCE~ A DIVISION OF AHORDABLF DRAIN SERVICE, INC September 4, 2013 Don Wasko Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 PROPOSAL RE: Batlqultos Outfall Sewer Cleaning and Inspection Dear Don, Appendix "A" Affordable Pipeline Is pleased to offer the following proposal for your Cleaning and CCTV inspection project. Scope of Work: Affordable Pipeline Services to provide Pipeline Cleaning, MH Inspections and CCTV Inspection services for approximately 5,209 If of sewer pipeline. The pipelines in this project are 18" through 27" VCP & PVC. CCTV inspections will include Identifying the existence of any lateral connections and documenting the extent of any obstructions, structural deficiencies, sags or sediment deposits. AU Inspection procedures will be In accordance with San Diego Regional defect coding system. Video shalllndude audio comments addressing conditions and abnormalities. Report to be provided with comments and assessment of pipeline according Industry assessment standards. Televising will conform to Section 5D0-1.1.5 of the Standard Specifications for Public Works Construction (Green Book). Cleaning will be accomplished utilizing a combination jet/vac truck. A remote Easement Machine will be utilized for the pipeline located behind the housing area. Item 1 Pipeline Cleaning and Inspection Item Z Easement Machine Rental Item 3 Traffic Control Plans, Permits and setup Item 4 Setup, rental and removal of rames for dlseosal Sub-Contractors Total $16,400.00 $ 1,236.00 $ 5,882.00 $ 375.00 $23,893.00 1. Affordable Pipeline Services to utilize Acme Safety and Supply Corp. to provide Traffic Control plans and setup of the Traflc Control Zones. Acme Safety and Supply-1616 West Ave., National City, CA 91950 Phone: (619)2~5100 2. The Easement Machine will be rented from Doheny Companies. Exclusions; Jack Doheny Companies -1661 E 32"d Street, Long Beach, CA 90807 Phone: (562) 436-3474 • Project does not include Caltrans permits. • Does not Included any addition insurance beyond what we are currently providing to the City of Carlsbad on our existing contracts. • Affordable Pipeline not responsible for the replacement of damaged vegetation in the City's easement due to the cleaning process. 8340 dURIP&r Crill LUI, San 11111. CallfDrBIB l8U1 111-4018 FBI (Biill 181-4036 Q.# .. As5umpt!gns; • Project is Non-prevailing Wage. • All work to be done durlns normal worklng hours. • All manholes are accessible by Oeaning and CCIV equipment. The City of Carlsbad in conjunction with Affordable Pipeline Services to make arrangements with the HOA and the residents for access to the City's easement. • The City of Carlsbad to provide a water meter at no cost to Affordable Pipeline Service. • The City of Carlsbad will provide a disposal facility at no cost to Affordable Pipeline Services. • Standard Traffic control and equipment will be provided and setup by Affordable Pipeline Services. Secondary Traffic control will be provided by Acme Safety & Supply for sections on Avenida Endnas and Poinsetta Ln. • The City of Carlsbad is to provide a platform to work from around MH 41C-1. • Flexidata reporting database will be used for logs and video capture. • All camera equipment conforms to OSHA's Title 8 Approval Requirements for electrical safety. Thank you for contacting us. Please feet free to contact me at (858) 689-4000 or e-mail: djohnson@affordabledrain.com. Sincerely, Duane Johnson Vice President Affordable Drain Service, Inc. DBA: Affordable Pipeline services 2 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.1 PROJECT N0.10071 CA925 and Fee Allotment, is entered into on , pursuant to an Agreement between -;;-;::::';"i:"'a'f"bf"'le~D .. ra~i-f<:S::-e"'"'rv""i"'Ts""",""l:-'n""c"-. "';d-:-'ba_._A:;-;ff-;;-o-rd-;-a-;b-;-le~Pipeline Services, a California corporation, ontractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide closed-circuit television (CCTV) sewer pipeline inspection in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated December 11, 2012, ("proposal"), attached as Appendix "A" for the Batiquitos Emergency Sewer Spill, (the "Project"). The Project services shall include emergency CCTV sewer pipeline inspection to locate a break that initiated the sewer main backup at the Batiquitos sewer lift station. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within three (3) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one (1) working day thereafter. Working days are defined in section 6-7.2 ''Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $1070. City Attorney Approved Version 5/12/11 TABLE 1 FEE ALLOTMENT PIPELINE INSPECTION SERVICES TASK GROUP LUMP SUM FEE CCTV sewer oloeiine inspection -Batiauitos sewer lift station $1070 TOTALINot-to-Exceedl $1070 Executed by Contractor this /If -lh day of ------!O'~aua.l.:y"-""=a.""v:J~---'' 20~. CONTRACTOR AFFORDABLE DRAIN SERVICES, INC., dba AFFORDABLE PIPELINE SERVICES a California co o tion (sign here) / ;1 ~'( s 4d--~-....OS v (print name/title) AFFORDABLE DRAIN SERVICES, INC., dba AFFORDABLE PIPELINE SERVICES, a California corporation (name of Contractor) (print name/title) If Contractor is a corporation, this document must be signed by one Individual from each column: ColumnA Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Othelwlse, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the oflicer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California ByOLnuJiu<. · "--f--Lt!:::2:=:::. Date: I-1 o · 63 Dep. CiY'Manager ~~ --L---:....:::....!::..!....----- APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: ~J__~ SSiStllntcity AttOY City Attorney Approwd Version 5112111 2 ---------------------------------------~------- AFFORDABLE A DIVISION OF AFFORDABLE DRAIN SERVICE. INC December 11, 2012 PW Engineering-Design Division 1635 Faraday Avenue Carlsbad, CA 92008 PROPOSAL RE: BATIQUITOS SEWER SPIU. Emergency CC1V Inspection, December 2012 Affordable Pipeline Is pleased to offer the following proposal for your CC1V Inspection project. Appendix "A" Affordable Pipeline Services to provide emergency CCTV Inspection services for the Batlqultos Pump Station. The CCTV Inspections will include Identifying the existence of any lateral connections and documenting the extent of any obstructions, structural deficiencies, sags or sediment deposits. All inspection procedures will be In accordance with San Diego Regional defect coding system. VIdeo shalllndude audio comments addressing conditions and abnormalities. Report to be provided with comments and assessment of pipeline according Industry assessment standards. Televising will conform to Section 500-1.LS of the Standard Specifications for Public Works Construction (Green Book). All billing will be done on a time and material bases according to the current master agreement. fdB& Total cost not to exceed $1,070.00 Assymptlpns; • Project Is Non-prevailing Wage. • All manholes are accessible by CCTV equipment. • Standard Traffic control and equipment will be provided and setup by Affordable Pipeline Services. Flexldata reporting database will be used for logs and video capture. • All camera equipment conforms to OSHA's Title 8 Approval Requirements for electrical safety. Thank you for contacting us. Please feel free to contact me at (858) 689-<1000 or e-mail: djohnson@affordabledrain.com. VIce Presid Affordable Drain Service, Inc. DBA: Affordable Pipeline Services lUI Jlnlgar Cruk Lna. Sll BIIID. California CA925 MASTER AGREEMENT FOR CCTV INSPECTION SERVICES (AFFORDABLE DRAIN SERVICES, INC. DBA AFFORDABLE PIPELINE SERVICES) HIS AGREEMENT is made and entered into as of the ~ ,pV day of ~ , 20 Jet.;, by and between the CITY OF CARLSBAD, a municipal corpo tion, hereinafter referred to as "City", and AFFORDABLE DRAIN SERVICES, INC. DBA AFFORDABLE PIPELINE SERVICES, a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering consultant that is experienced in CCTV Inspection. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to CCTV Inspection. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three years starting from the date first written above. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (1 0) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director''). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. City Attorney Approved Version 2/17/12 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed one hundred and fifty thousand dollars ($150,000) for the term of the agreement; the total amount allowed per Project Task Description and Fee Allotment will not exceed one hundred thousand dollars ($1 00,000). Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHERCONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone 2 City Attorney Approved Version 2/17/12 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII" OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 1 0.1.1 Commercial General Liability Insurance. $1 ,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1 ,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 1 0.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. ?;,o /' 117 ~p ~ If box is checked, Professional Liability City's Initials Contra~or's Initials Insurance requirement is waived. 1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 3 City Attorney Approved Version 2/17/12 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 4 City Attorney Approved Version 2/17112 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: Name Title Dept Address Phone Skip Hammann Transportation Director Transportation CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad CA, 92008 (760) 602-2768 For Contractor: Name Title Address Phone Email Duane Johnson Vice President 8340 Juniper Creek Lane San Diego, CA 92126 (858) 689-4000 djohnson@affordabledrain.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 5 City Attorney Approved Version 2/17/12 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 6 City Attorney Approved Version 2/17/12 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 City Attorney Approved Version 2/17/12 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this , fd day of ~~..; , 2Cbt/ o2 CONTRACTOR AFFORDABLE DRAIN SERVICES, INC. DBA AFFORDABLE PIPELINE ~:"s, a Californi: cJtPoration ;z:;c_~ 5-. ~ / (sign here) tff,.,J S Ar--/. (print name/title) By: (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By:~~ Mayor ATTEST: Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney 8 City Attorney Approved Version 2/17112 Acknowledgement State of California ) County of San Diego ) on3 f11tQJ-o~20/2 before me, A. O'Loughlin, a notary, personally appeared ~ ~ PM= ~ I(~ I J?&Yi~ who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~L/_. A. O'Loughlin (N TARY) (SEAL) Additional (Optional) Information: h . TitleofDocument: {'1\r.JJr f\q~nl,--· K Prv~.J . Numberofpages <6 ~<-eo Other Signer(s) They • • • • • • • • • • • • • • • I I • • • • • • • • • t t ~ ~ ~ t • • ~ • • • • EXHIBIT A Affordable Drain Service, Inc . DBA: Affordable Pipeline Services Rates Schedule (All wages are non-prevailir:-g wage) Rates for Contract CCTV Inspection Truck (2 man crew) CCTV Inspections: $185.00 per hour (4 hour minimum) Push Camera Inspection/Line Locating (1 man crew) Push Camera: $165.00 per hour (3 hour minimum) Combination Jet/Vac Cleaning Truck (1 man crew) Cleaning Truck (1 0-yard): $205.00 per hour (4 hour minimum) Emergency Response CCTV or Cleaning (less than 24-hour notice) Emergency Callout $250.00 Hourly Rate $250.00 per hour (4 hour minimum) Trailer Jetter (1 man crew) Trailer Jetter: Drain Cleaning Service (1 man crew) Monday through Friday 8:00 AM to 4:00 PM Nights and Weekends: Supervisor Shop Truck (1-man crew) Additional Laborer City of Carlsbad-Request for Qualifications Master Aqreement Consulting Services $165.00 per hour (3 hour minimum) $115.00 per hour $165.00 per hour $125.00 per hour $115.00 per hour $45.00 per hour