HomeMy WebLinkAboutWest Bay Sanitary District 07.22.22 Updated Agreement w Exhibits and ResoMAINTENANCE SERVICES AGREEMENT BETWEEN
THE TOWN OF LOS ALTOS HILLS AND
WEST BAY SANITARY DISTRICT
FOR OPERATION AND MAINTENANCE OF LOS ALTOS HILLS SANITARY SEWER SYSTEM
THIS AGREEMENT for consulting services is made by and between the Town of Los Altos Hills
Town") and West Bay Sanitary District ("Contractor") (together sometimes referred to as the "Parties") as
of July 1, 2022 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to Town the services for the Town's Sanitary Sewer System ("System") as described in the
Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the
event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement
shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2027 the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect
the Town's right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that Town, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from Town of such desire of Town,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Contractor's obligations hereunder.
Section 2. COMPENSATION. Town hereby agrees to pay Contractor a sum not to exceed
2,917,117, based on project tasks and cost amounts as set forth in the "Project Tasks, Costs and
Payment Schedule" document in Exhibit B which includes annual adjustments for inflation, notwithstanding
any contrary indications that may be contained in Contractor's proposal, for services to be performed and
reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and
Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall
prevail. However, prior to the commencement of the third year during the term of this Agreement
commencing July 1, 2024), in the event that the Consumer Price Index (All Urban Consumers — All Items)
CPI) for the San Francisco -Oakland -San Jose area for the period of April through April of the preceding
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year reaches 4% or higher, the Parties agree that adjustments to the amounts under Exhibit B based on
such CPI increase shall be subject to further negotiations, Town shall pay Contractor for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below
shall be the only payments from Town to Contractor for services rendered pursuant to this Agreement.
Contractor shall submit all invoices to Town in the manner specified herein. Except as specifically
authorized by Town in writing, Contractor shall not bill Town for duplicate services performed by more than
one person.
Contractor and Town acknowledge and agree that compensation paid by Town to Contractor under this
Agreement is based upon Contractor's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. Town
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
At Town's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
The total number of hours of work performed under the Agreement by Contractor
and each employee, agent, and subcontractor of Contractor performing services
hereunder;
The Contractor's signature;
Contractor shall give separate notice to the Town when the total number of hours
worked by Contractor and any individual employee, agent, or subcontractor of
Contractor reaches or exceeds 800 hours within a 12 -month period under this
Agreement and any other agreement between Contractor and Town. Such notice
shall include an estimate of the time necessary to complete work described in
Exhibit A and the estimate of time necessary to complete work under any other
agreement between Contractor and Town, if applicable.
2.2 Monthly Payment. Town shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. Town
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
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2.3 Final Payment. Town shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to Town of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. Town shall pay for the services to be rendered by Contractor pursuant to
this Agreement. Town shall not pay any additional sum for any expense or cost
whatsoever incurred by Contractor in rendering services pursuant to this Agreement.
Town shall make no payment for any extra, further, or additional service pursuant to this
Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment,
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the Town or Contractor terminates this
Agreement pursuant to Section 8, the Town shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement, Town shall make available to Contractor only the facilities and equipment
listed in this section, and only under the terms and conditions set forth herein.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Contractor and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall
provide proof satisfactory to Town of such insurance that meets the requirements of this section and under
forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to
the Town. Contractor shall maintain the insurance policies required by this section throughout the term of
this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not
allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence that such insurance is in effect to Town.
Verification of the required insurance shall be submitted and made part of this Agreement prior to
execution. Contractor shall maintain all required insurance listed herein for the duration of this Agreement,
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4.1 Workers' Compensation. Contractor shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Contractor. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS $1,000,000 per accident. In the alternative,
Contractor may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Contractor, if a program of self-insurance is provided, shall
waive all rights of subrogation against the Town and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Contractor, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) per
occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non -
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage,
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
Town, its officers, officials, employees, and volunteers are to be covered
as insureds as respects: liability arising out of work or operations
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performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor
C. For any claims related to this Agreement or the work hereunder, the
Contractor's insurance covered shall be primary insurance as respects the
Town, its officers, officials, employees, and volunteers. Any insurance or
self-insurance maintained by the Town, its officers, officials, employees, or
volunteers shall be excess of the Contractor's insurance and shall not
contribute with it,
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be canceled by either party, except after 30 days'
prior written notice has been provided to the Town.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Contractor, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed
professionals' errors and omissions. Any deductible or self-insured retention shall
not exceed $150,000 per claim.
4.3.2 Claims -made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims -made form;
The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
this Agreement, Contractor shall purchase an extended period coverage
for a minimum of five years after completion of work under this
Agreement,
A copy of the claim reporting requirements must be submitted to the Town
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability
shall be included in the policy
4.4 All Policies Requirements.
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4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than AVII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish Town with complete copies of all policies delivered to
Contractor by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and certified endorsements shall show the
signature of a person authorized by that insurer to bind coverage on its behalf. If
the Town does not receive the required insurance documents prior to the
Contractor beginning work, it shall not waive the Contractor's obligation to provide
them. The Town reserves the right to require complete copies of all required
insurance policies at any time.
4.4.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and
obtain the written approval of Town for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement, At the option of the Town, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the Town, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the Town guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e, limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Contractor hereby agrees to waive subrogation which
any insurer or contractor may require from vendor by virtue of the payment of any
loss. Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Contractor, its employees,
agents, and subcontractors.
4.4.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies Town may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, Town may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies Town may have and are not the exclusive remedy for
Contractor's breach:
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Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor
shall indemnify, defend with counsel selected by the Town, and hold harmless the Town
and its officials, officers, employees, agents and volunteers from and against any and all
losses, liability, claims, suits actions, damages, and causes of action arising out of any
personal injury, bodily injury, loss of life, or damage to property, or any violation of any
federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by
the willful misconduct or negligent acts or omissions of Contractor or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the
quality or character of their work. The foregoing obligation of Contractor shall not apply
when (1) the injury, loss of life, damage to property, or violation of law arises wholly from
the gross negligence or willful misconduct of the Town or its officers, employees, agents,
or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law.
It is understood that the duty of Contractor to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by
Town of insurance certificates and endorsements required under this Agreement does not
relieve Contractor from liability under this indemnification and hold harmless clause. This
indemnification and hold harmless clause shall apply to any damages or claims for
damages whether or not such insurance policies shall have been determined to apply. By
execution of this Agreement, Contractor acknowledges and agrees to the provisions of this
Section and that it is a material element of consideration.
In the event that Contractor or any employee, agent, or subcontractor of Contractor
providing services under this Agreement is determined by a court of competent jurisdiction
or the California Public Employees Retirement System (PERS) to be eligible for enrollment
in PERS as an employee of Town, Contractor shall indemnify, defend and hold harmless
Town for the payment of any employee and/or employer contributions for PERS benefits
on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the
responsibility of Town.
Notwithstanding the foregoing, Contractor shall not be required by this Section 5 to
indemnify, hold harmless or defend the Town for liability, including but not limited to fines
or civil penalties imposed by regulatory authorities or non-governmental entities pursuant
to the Clean Water Act or state law, that may arise if any part of the System fails, overflows
or otherwise causes damages or costs, provided that the failure, overflow, or other cause
of the damage was not proximately caused by the Contractor's negligence in the
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performance of work specified by this Agreement. Examples of such failure, overflow or
other problem include, but are not limited to: blockages that are proximately caused by
facilities that are prone to severe root intrusion or blockages because the facilities are
beyond their useful life (as determined by video inspection with high PACP ratings) or are
improperly installed or damaged; blockages proximately caused by construction activities,
earthquakes or settling; blockages caused by FOG build-up or other obstructions; provided
that such blockages could not reasonably be anticipated in a particular segment based on
historic data; or blockages caused by acts of vandalism or negligence of any third party.
Town agrees to hold Contractor free and harmless and to indemnify Contractor and its
officers, officials, employees and agents form all such claims, demands, damages,
liabilities, losses and costs of whatever nature arising from, connected with, or related to
such system failures, overflows, or other events, (except for any overflow that occurs on a
particular sewer segment/facility where the Contractor has performed maintenance within
90 days prior to the overflow and is caused by a condition that Contract reasonably should
have discovered during the maintenance activity, and either: (1) Contractor has not made
notification to Town as to the condition; or (2) the cause of the overflow would be
reasonably expected to be eliminated by said maintenance) or that arise from or are
proximately caused by Town's performance of work which is not included within the scope
of this Agreement.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of Town. Town shall have the
right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise Town shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
Town, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by Town, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
PERS) as an employee of Town and entitlement to any contribution to be paid by Town
for employer contributions and/or employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as Town may specify in writing, Contractor shall have
no authority, express or implied, to act on behalf of Town in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind Town to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law, Contractor's Failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which Town is bound by the terms
of such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to Town that Contractor and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to Town that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from Town.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Contractor under this
Agreement. Contractor shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Contractor thereby.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Town may cancel this Agreement at any time and without cause upon
written notification to Contractor.
Contractor may cancel this Agreement upon ninety (90) days' written notice to Town and
shall include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; Town, however, may condition payment of
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such compensation upon Contractor delivering to Town any or all documents,
photographs, computer software, video and audio tapes, and other materials provided to
Contractor or prepared by or for Contractor or the Town in connection with this Agreement.
8.2 Extension. Town may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 11, Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if Town grants such an extension, Town shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, Town shall have
no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. Town and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to Town for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator, Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between Town and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, Town's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different Contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that Town
would have paid Contractor pursuant to Section 2 if Contractor had completed the
work.
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Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the Town. Contractor hereby agrees to deliver
those documents to the Town upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the Town and are
not necessarily suitable for any future or other use. Town and Contractor agree that, until
final approval by Town, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the Town under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the Town. Under California Government Code Section 8546.7, if the amount of public
funds expended under this Agreement exceeds TEN THOUSAND DOLLARS
10,000.00), the Agreement shall be subject to the examination and audit of the State
Auditor, at the request of Town or as part of any audit of the Town, for a period of 3 years
after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Santa Clara or in the United States District Court
for the Northern District of California.
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10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties,
10.6 Use of Recycled Products. Contractor shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of Town or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any Town official in the work performed pursuant to this
Agreement. No officer or employee of Town shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the Town, If Contractor was an employee, agent,
appointee, or official of the Town in the previous twelve months, Contractor warrants that it
did not participate in any manner in the forming of this Agreement. Contractor
understands that, if this Agreement is made in violation of Government Code §1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the Town for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of Government Code § 1090 and, if applicable, will be
disqualified from holding public office in the State of California.
10.8 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Utilities Manager
Contract Administrator"). All correspondence, communications and meetings shall be
directed to or through the Contract Administrator or his or her designee. The Contractor
shall only take direction regarding the services provided under this Agreement from the
Contract Administrator. Furthermore, Contractor agrees that the Contract Administrator
Consulting Services Agreement between [1 July 2022]
Town of Los Altos Hills and West Bay Sanitary District Page 12 of 15
shall be included any meeting, teleconference or written communication between any
Town representative including Committee members and the Contractor. The Town may
modify the Contract Administrator at any time upon providing written notice to the
Contractor.
10.10 Notices. Any written notice to Contractor shall be sent to:
Sergio Ramirez
District Manager
WEST BAY SANITARY DISTRICT
500 Laurel Street, Menlo Park. CA. 94025
650) 321-0384 Office Line
Any written notice to Town shall be sent to:
Utilities Manager, Town of Los Altos Hills
Daniel Liang
26379 Fremont Road
Los Altos Hills, CA 94022
650) 947-2511
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C, represents the entire and integrated
agreement between Town and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Project Tasks, Costs and Payment Schedule
Exhibit C Public Works Requirements
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGE]
Consulting Services Agreement between [1 July 2022]
Town of Los Altos Hills and West Bay Sanitary District Page 13 of 15
Consulting Services Agreement between [1 July 2022]
Town of Los Altos Hills and West Bay Sanitary District Page 14 of 15
The Parties have executed this Agreement as of the Effective Date.
TOWN OF LOS ALTOS HILLS
Peter Pirnejad (Jul 2K, 21:28 PDT)
Peter Pirnejad, City Manager
Attest:
Deborah Paclovan (Jul 22, 2022 08:23 PDT)
Deborah Padovan, City Clerk
Approved as to Form:
S-'e e Ma as _
Steve Mattas (Jul 21, 2022 09:40 PDT)
Steven T. Mattas, City Attorney
1071914.1
CONTRACTOR
sgl, to Lmd- z
Sergio`amirez (Jul 20, 202210:38 PDT)
Sergio Ramirez, District Manager
Approved as to Form:
17 6?e&
Anthony P. Condotti, General Counsel
Consulting Services Agreement between [1 July 2022]
Town of Los Altos Hills and West Bay Sanitary District Page 15 of 15
West Bay Sanitary District Revised July 2022
003)
Final Audit Report 2022-07-22
Created: 2022-07-19
By: Oscar Antillon (oantillon@losaltoshills.ca.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAaEh-diymrBzniPCLIGGwNuJWGVCz7ynf
West Bay Sanitary District Revised July 2022 (003)" History
D Document created by Oscar Antillon (oantillon@losaltoshills.ca.gov)
2022-07-19 - 5:52:19 PM GMT
w Document emailed to sramirez@westbaysanitary.org for signature
2022-07-19 - 5:56:58 PM GMT
Email viewed by sramirez@westbaysanitary.org
2022-07-20 - 5:19:41 AM GMT
Q Signer sramirez@westbaysanitary.org entered name at signing as Sergio Ramirez
2022-07-20 - 5:38:31 PM GMT
Document e-signed by Sergio Ramirez (sramirez@westbaysanitary.org)
Signature Date: 2022-07-20 - 5:38:32 PM GMT - Time Source: server
E, Document emailed to Tony Condotti (tcondotti@abc-law.com) for signature
2022-07-20 - 5:38:36 PM GMT
Email viewed by Tony Condotti (tcondotti@abc-law.com)
2022-07-20 - 6:09:11 PM GMT
AD Document e-signed by Tony Condotti (tcondotti@abc-law.com)
Signature Date: 2022-07-20 - 6:09:26 PM GMT - Time Source: server
C' Document emailed to Peter Pirnejad (ppirnejad@losaltoshills.ca.gov) for signature
2022-07-20 - 6:09:27 PM GMT
Email viewed by Peter Pirnejad (ppirnejad@losaltoshills.ca.gov)
2022-07-21 - 4:27:43 AM GMT
Adobe Acrobat Sign
Consulting Services Agreement between [1 JULY 2022]
Town of Los Altos Hills and West Bay Sanitary District --Exhibit A Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
.
-1-
Exhibit A
Scope of Work
Operations and Maintenance of Los Altos Hills Sanitary Sewer
System
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General Scope of Work
The intent of this maintenance program is to obtain a qualified contractor who has the ability to
develop and implement a comprehensive and effective operation and maintenance schedule
using a map based Computerized Maintenance Management System (CMMS), apply adequate
cleaning technique, provide preventive measures, respond to SSO and other emergency
situations promptly, inspect the collection system via CCTV using NASSCO PACP standards,
maintain and update the CMMS system, recommend repairs to pump stations and collection
systems, appropriately manage the entire sanitary sewer collection system, and maintain open
communication with Town staff at all times. The CMMS software is intended to aid Public
Works personnel in furthering their goal of providing prioritized, responsive, professional, and
cost-effective municipal services to the residents of Los Altos Hills. All work included in this
proposal shall be subject to prevailing wages.
Detail Description of Work
1. Town Owned Lift Station Maintenance at Purissima Road and O’Keefe Road (Task No.
1)
a.Purissima Sanitary Lift Station
Contractor shall perform the following services as outlined below to ensure optimum
performance of the various equipment including the pumps and generator:
Services to be performed each week
(1)Visually inspect and check the wet well levels to ensure proper automatic
start/stop levels for the pumps
(2)Check pumps for unusual noise or vibrations
(3)Inspect dry pit pumps and motors for leaks, unusual noise or vibrations
(4)Record hour meter readings for each pump bank
(5)Clean and maintain the pumping plant area
(6)Inspect the motor control center to ensure proper operations
Services to be performed every two weeks
(1)Record generator hour meter reading
(2)Check generator batteries, fuel, oil and coolant levels
(3)Exercise generator, simulating power failure to insure automatic startup
Services to be performed every 2 months
(1)Conduct amperage test on each pump bank
(2)Perform meg test on each pump motor to detect moisture in windings
Services to be performed every year
(1)Perform yearly maintenance and inspection of the sewer pumps per current ITT
Flygt recommended checklist (See attachment No. A2).
Services to be performed as needed
-3-
(1)Vacuum wet well on an as needed basis, but at least two times per year.
(2)Utilize lift station degreaser as needed to control Fats, Oils, and Grease (FOG).
MSDS for any product used shall be submitted to the Town for approval prior to
use at lift stations.
Contractor shall provide monthly reports of all work performed for each pump station
no later than the 15th day of the month following the performance of services. Cost
for responding to and investigating pump station alarms shall be included in this
Task.
b.O’Keefe Road Sanitary Lift Station
Contractor shall perform the following services as outlined below to ensure optimum
performance of various equipment including pumps:
Services to be performed each week
(1)Visually inspect and check the wet well levels to ensure proper automatic
start/stop levels for the pumps
(2)Check pumps for unusual noise or vibrations
(3)Record hour meter readings for each pump bank
(4)Clean and maintain the pumping plant area
(5)Inspect the motor control center to ensure proper operations
Services to be performed every 2 months
(1)Conduct amperage test on each pump bank.
(2)Perform meg test on each pump motor to detect moisture in windings
Services to be performed every year
(1)Perform yearly maintenance and inspection of the sewer pumps per current ITT
Flygt recommended checklist (See attachment No. A2).
Services to be performed as needed
(1)Vacuum wet well on an as needed basis, but at least two times per year.
(2)Provide a portable generator within one hour of notification.
(3)Utilize lift station degreaser as needed to control Fats, Oils, and Grease (FOG).
Contractor shall provide monthly reports of all work performed for each pump station
no later than the 15th day of the month following the performance of services. Cost
for responding to and investigating pump station alarms shall be included in this
Task.
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2. Cleaning and Flushing of sewer mains within the right-of-way (ROW)
a.Contractor shall develop and submit an overall maintenance plan and schedule
using the CMMS system for cleaning and flushing of ROW lines in the street within
the first month of contract and provide updates on the 15th day of every month
thereafter. Plan shall be designed to reduce and eliminate stoppages, sanitary sewer
overflows (SSO’s), and sanitary sewer backups. Submit updated plan and schedule
a month ahead of time indicating areas to be flushed and cleaned for Town’s review
and approval.
b. Contractor shall be responsible for maintaining all sewer mains in the road right-of-
way. Any mainline which can be accessed from at least one structure (manhole or
cleanout) in the roadway right-of-way is considered part of Task No.2, road ROW.
c.Maintenance work shall include thorough cleaning to remove and capture roots,
debris, fats, oils, and grease. Contractor will provide traffic control as needed and
all labor and materials to flush and clean a minimum of 7,800 linear feet (measured
in one direction) of pipe per month. The contractor shall prioritize flushing and
cleaning efforts to reduce the overflow incidents. The contractor shall utilize high
pressure jet flushing, power rodding, hand rodding and other methods to maintain
the lines.
d. The contractor shall have the following equipment available at any given time for
maintaining ROW lines: 1- High pressure jet flushing unit with a built in vacuum,
1- power rodding machine, 1- hand rodding setup.
e.Contractor shall utilize the Town’s manhole and segment numbering system when
recording maintenance efforts in the CMMS system.
f.Contractor will be required to provide monthly reports of all work performed
including total sewer line footage cleaned and notify Town of problem areas
needing attention and/or actions, including but not limited to missing manhole or
mislabeled information from the Town’s map. Monthly reports to be received no
later than the 15th day of the month following the performance of work
g.Contractor shall maintain the hot spot list and flush and clean the sewers with a
history of stoppages at regular intervals of 3, 6, or 12 months or more as necessary
depending upon the frequency of recurring stoppages. Cleaning of lines shall be per
attached specifications Attachment No.A3.
h. Contractor shall provide proactive and preventive sewer main maintenance to
reduce and eliminate stoppages, sanitary sewer overflows (SSOs), and sanitary
sewer backups.
3. Cleaning and Flushing of sewer main in easements
a.Contractor shall develop and submit an overall maintenance plan and cleaning
schedule for all easement lines within the first month of contract and provide
updates on the 15th day of every month thereafter. Submit updated plan and
schedule a month ahead of time indicating areas to be flushed and cleaned for
Town’s review and approval.
b.Contractor shall be responsible for maintaining sewer mainlines in the Town’s
easements. Any mainline which does not have accessibility to a structure (manhole
or cleanout) in the road right-of-way is considered part of easement sewer mainline.
c.Maintenance work shall include thorough cleaning to remove and capture roots,
-5-
debris, fats, oils, and grease. Contractor will provide traffic control as needed and
all labor and materials to flush and clean a minimum of 2,600 linear feet (measured
in one direction) of pipe per month. The contractor shall prioritize flushing and
cleaning efforts to reduce the overflow incidents. The contractor shall utilize trailer
mounted mini high pressure jet flushing setup, power/hand rodding and other
methods to maintain the easement lines.
d. The contractor shall have the following equipment available at any given time for
maintaining easement lines: 1- trailer mounted mini high pressure jet flushing setup,
1- power rodding machine, 1- hand rodding setup.
e.Contractor shall utilize the Town’s manhole and segment numbering system when
recording maintenance efforts in the CMMS system.
f.Contractor will be required to provide monthly reports of all work performed
including total sewer line footage cleaned and notify Town of problem areas
needing attention and/or actions, including but not limited to missing manhole or
mislabeled information from the Town’s map. Monthly reports to be received no
later than the 15th day of the month following the performance of work.
g.Contractor shall develop a hot spot list and flush and clean the sewers with a history
of stoppages at regular intervals of 3, 6, or 12 months or more as necessary
depending upon the frequency of recurring stoppages. Cleaning of lines shall be per
attached specifications.
h. Contractor shall provide proactive and preventive sewer main maintenance to
reduce and eliminate stoppages, sanitary sewer overflows (SSOs), and sanitary
sewer backups.
4.CCTV Inspection of sewer mains and manholes in the Town ROW and easements.
a.The goal of the CCTV program is to complete a minimum of 3,900 linear feet of
CCTV on lines with at least one access point from the road ROW, and a minimum
of 1,040 linear feet of CCTV on lines with access from easement only. Provide
CCTV schedule a month ahead of time indicating areas to be cleaned and videoed
for Town’s review and approval.
b.After cleaning, the pipeline sections between manholes shall be visually inspected
by means of closed-circuit television camera. The inspection shall be done one
complete pipeline section at a time and the flow in the section will be suitably
controlled. Video inspect, record, and document the condition of the entire stretch
of pipe from the upstream manhole centerline to the downstream manhole
centerline including inspection of each manhole structure. The contractor shall use
NASSCO PACP rating system for rating all defects observed within each pipe
segment. All CCTV data shall be linked to the CMMS system daily as work is
performed.
c.Digital media recordings submitted to the Town on a (one TB) hard drive. Two (2)
hard drives will be needed, and one shall be submitted at the end of the first month
and the second shall be submitted at the end of the second month at which time the
contractor shall pickup the first hard drive to be used on alternating months for the
duration of the contract. Title to all the recordings shall transfer to the Town.
5.Sanitary Sewer Overflow Responses
a.Contractor shall respond to all Sanitary Sewer Overflows (SSOs) in the right-of-
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way and in easements.
b. Contractor shall enter SSO event details into the CMMS system.
c.Contractor shall first contact Town staff, during off hours, when responding to a
SSO.
d. Contractor shall comply with Town’s Sanitary Sewer Overflow and Backup
Response Plan and Field Guide and use appropriate package(s) included in the
response plan when necessary. A copy of the response plan, field guide and other
associated items as indicated below are attached as Attachment No. A4.
e.Contractor is required to respond to each SSO within one hour of receiving a
report thereof and provide notification to all applicable regulating agencies within
required timeframe , “Monitoring and Reporting Program” requirements from
State Water Resources Control Board and “New Sanitary Sewer Overflow
Notification Procedures (NP) for Sanitary Sewer Collection System” requirements
from California Regional Water Quality Control Board, and “Regulatory
Notification Packet (RN) ” from Town’s Sanitary Sewer Overflow and Backup
Response Plan, for detail).
f.The contractor will be responsible for all work associated with, but not limited to,
providing traffic control as needed, containing the sewage spill, cleaning and
disinfecting of the affected area of spill, relieving the stoppage and eliminating
the cause of stoppage, installation of sandbags, barricades and signage, etc.. The
contractor shall make every effort to protect all drainage facilities and specially
the waters of the State of California. If the sewage back up has caused property
damage, follow the Sanitary Sewer Backup Guideline and coordinate with the
Town to engage the services of cleaning company.
g.Contractor shall document SSO events by taking photos and submit them with the
written SSOs report to the Town via email or fax within four-work-hours of
completing the emergency response. (For example, if a SSO response is
completed at 7pm on a Friday evening, the report will require to be submitted by
12pm on the following Monday.)
h. Upon completion of emergency work, contractor shall submit a report to the
Town estimating the gallons of sewer spilled, gallons retrieved, and volumes
discharged to the waters of the State.
i.Contractor shall perform CCTV video inspection of the blockage area by the next
business day of SSO incident, determine the cause of the SSO and provide a
digital copy to the Town within 24 hours of obtaining the CCTV data.
j.The contractor shall have the equipment available at any given time (within one
hour of notification) for response to SSO’s including but not limited to a spill
response vehicle equipped with spill containment materials (trash pump with
hoses, containment material, cleanup materials, traffic control and warning
signage, etc..). Other equipment needed following the initial SSO assessment
include: 1- mounted mini high pressure jet flushing setup, 1- power rodding
machine, 1- hand rodding setup.
k.The contract price paid for Task #6 includes SSO response in the ROW per month
of the contract regardless of the quantity of SSO’s per month. Task #7 is for
response to SSO’s within easements regardless to the quantity of SSO’s per
month. The goal is to minimize the quantity and amount of SSO’s throughout the
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SSCS by providing prioritized maintenance schedules to minimize the risk of
SSO’s throughout the system.
6.Maintenance of CMMS Database and GIS mapping
a.Contractor shall propose CMMS software for use in maintenance record keeping
and advanced planning for operation and maintenance of the SSCS. The database
and mapping features within the CMMS shall utilize the most current GIS assets
contained in the GIS database. The contractor shall deliver or make available
reports on a monthly basis related to maintenance activities completed and
planned for the coming month using the CMMS system. The contractor shall
provide one seat license and realtime access to the CMMS software for the
duration of the contract. The contractor shall review past maintenance history to
develop a Hot Spot list of segments that need to be cleaned more frequently.
Task No. 9 shall cover the cost to migrate the existing CMMS and GIS database
files from Infonet and ArcGIS to the new CMMS and GIS systems and generation
of a draft Hot Spot list. All historic and all future CCTV shall also be linked to
the CMMS system for quick access to the records. All cleaning, CCTV, PACP
ratings, lateral locations, pipe conditions, changes and additions shall be entered
into the CMMS/GIS system in a timely manner. The contractor shall utilize a
CMMS software capable of exporting all maintenance history data on the sewer
system into a database format. The contractor shall deliver to the Town a
complete database export of all maintenance history upon completion or
termination of the Contract Term.
b. Contractor shall utilize ESRI GIS ArcInfo mapping software (Version 10.3 or
greater), or approved equal, for maintaining additions or corrections to the base
map and database of the SSCS. The contractor shall make up to 10 hours of
corrections or additions to the map monthly with authorization by the City
Engineer. The contractor shall utilize a GIS mapping software capable of
exporting all data on the sewer system into a shapefile format. The contractor
shall deliver to the Town a complete shapefile or file geodatabase export of all
feature class layers upon completion or termination of the Contract Term.
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Measurement and Payment
Task No.1 – Pump Station Maintenance: Maintenance of both Town’s sewer pump stations to
ensure proper pump operations. Responding to and investigating pump station
alarms shall be included in this item. Measurement and payment for this Task shall
be paid per month of services rendered.
Task No. 2 – Preventive Maintenance Cleaning: A minimum of 55,900 linear feet of sewer
mainline cleaning and flushing is required per year. No segment shall be repeated
until all mainlines are flushed and cleaned once, except for lines with known history
of stoppages or per hot spot schedule. Measurement and payment for this Task
shall be paid per linear foot of pipe cleaned and entered in CMMS system.
Task No. 3 – High Frequency PM cleaning: A minimum of 75,723 linear feet of high
frequency sewer mainline cleaning and flushing is required. High frequency spots
can vary over time and WBSD will continue to monitor and adjust the schedule as
needed. Measurement and payment for this Task shall be paid per linear foot of
pipe cleaned and entered into the CMMS system.
Task No. 4 – CCTV Inspections: A total of 42,776 linear feet of sewer main is required to be
inspected per year Measurement and payment for this Task shall be paid per linear
foot of pipe inspected and rated per PACP standards and entered and linked to the
CMMS system.
Task No. 5 – Response to Category 2 and 3 Sanitary Sewer Overflow (SSO):
Task No. 6 – Response to Category 1 Sanitary Sewer Overflow (SSO):
Task No. 7 – Response for Private Laterals:
Task No 5, 6, & 7 standards: Respond to SSO and comply with notification requirements
established by State and Regional Water Boards. This item is applicable to the SSO
events that occur within the right-of-way. The contract price paid for this Task
shall include traffic control as needed, all labor, material, preparation, and clean-up
work related to overflow event, documentation, and reporting, entering SSO event
details into the CMMS system, follow up CCTV inspections of the problematic
sections to investigate and determine the cause of overflow. Clean-up work shall
include but not be limited to using all reasonable efforts to recover as much of the
SSO as possible. Contractor shall review the maps and SSO history reports and
incorporate into the maintenance program and preventive strategies. Checking the
mainline and verifying lateral problem shall be included in this item. Measurement
and payment to respond to this type of SSO shall be paid per month regardless of
the number of SSO’s.
Task No. 8 – CCTV Inspection Quality Control: Perform quality control for CCTV
inspections, this can be done by randomly selecting a few segments per month
which have been cleaned in the prior month to verify the quality of the cleaning.
Task No. 9 – GIS Mapping Maintenance and Updates: The GIS line, point and polygon
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features for the sewer system will need to be modified on a monthly basis to
incorporate new and past CIP projects and discrepancies/clarifications found in the
field. All GIS changes shall be tracked in a spreadsheet format indicating the type
of change, location, time to complete each edit and who made the edit to the
system. The most current GIS feature class mapping and database shall be
uploaded to the CMMS on a quarterly basis at a minimum. Measurement and
payment for this Task includes up to 10 hours of GIS modifications per month and
shall be paid per hour.
Task No. 10 – Monthly Management Report: The contractor shall provide a monthly
management report to the Town and meet and present the report to the PW Director
each month. The report should include an executive summary, description of all
work performed in the month, listing of any adverse conditions found or immediate
actions required, listing of SSO’s the cause and actions taken, CMMS update status,
work schedule for the following 90 days and any recommendations for CIP or
operational changes. The contractor shall also perform an annual audit required by
the SSMP, prepare the findings, and submit the report to the Director at the end of
each contract year.
Optional Bid Items
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
-10-
Attachments
A1. Town of Los Altos Hills Sanitary Sewer Maps (2)
A2. Sample ITT Flygt Checklist
A3. Cleaning and Video Inspection of Sewer Pipe Specifications
A4. Sanitary Sewer Management Plan (SSMP) : Sanitary Sewer Overflow and
Backup Response Plan
Attachment No. A1
Sanitary Sewer Collection System Maps (2)
Attachment No. A2
Flygt Pump Annual Maintenance
Attachment No. A3
-1-
Cleaning and Video Inspection Section Sanitary Sewer SOW
CLEANING AND VIDEO INSPECTION OF SEWER PIPE
PA RT 1 - GENERAL
1-1. SCOPE. This section covers the cleaning and video inspection of sewer pipelines. The
word "clean" in this section is defined as the removal of all accumulations including sludge, dirt,
sand, rocks, grease, roots, and other solid or semisolid material in the pipe or manhole and on the
pipe or manhole inside wall, down to the parent material.
1-2. SUBMITTALS. Each of the Contractor’s crews, upon completion of their first 1000 LF,
shall submit one paper copy of the video logs and one digital copy on a 1TB hard drive for
review and acceptance prior to continuing work.
One paper copy of the video logs and one digital copy using color video and clear audio
information shall be submitted to the Town to upload to the Town server. Work will not be
considered complete until these items have been received and approved by the Engineer.
1-3. EXPERIENCE. Camera Technician Experience: Each camera technician shall have a
minimum of 5 years experience with at least 100,000 LF in projects televising sanitary sewer
lines and commenting on observed defects.
PART 2 - PRODUCTS
2-1. MATERIALS.
2-1.01. Video Inspection - the television camera used for the inspection shall be one specifically
designed and constructed for operation in connection with sewer inspection. It shall be operative
in 100 percent humidity conditions and have a 360-degree radial view rotating head. The camera
head shall be capable of rotating to view up lateral connections and to evaluate defects. Lighting
and camera quality shall be suitable to allow a clear in-focus picture of a minimum of six linear
feet of the entire inside periphery of the sewer pipe. Lighting for the camera shall minimize
reflective glare. To insure peak picture quality throughout all conditions encountered during the
survey, a variable intensity control of the camera lights and remote control adjustments for focus
and iris shall be located at the monitoring station. Focal distance shall be adjustable through a
range of from six inches to infinity. Continuously displayed on the monitor shall be the date of
the survey, number designation of the upstream and downstream manholes corresponding to the
line section being surveyed, and a continuous forward and reverse readout of the camera distance
from the manhole of reference. The remote reading footage counter shall be accurate to two-
tenths of a foot. The camera, television monitor and other components shall be capable of
producing a minimum 500 line resolution color video picture. The equipment shall have an
operation length at least 800 feet.
PART 3 - EXECUTION
Attachment No. A3
-2-
Cleaning and Video Inspection Section Sanitary Sewer SOW
3-1. CLEANING AND VIDEO INSPECTION.
3-1.01. Cleaning. Pipelines and structures shall be cleaned using a high velocity jet cleaner.
The equipment shall be truck mounted for ease of operation. The equipment shall have a
minimum of six hundred (600) feet of high pressure hose with a selection of two or more high
velocity nozzles. Nozzles shall be capable of producing a scouring action from 15 degrees to 45
degrees in all designated line sizes. The equipment shall carry its own water tank capable of
holding corrosive or caustic cleaning or sanitizing chemicals, auxiliary engines and pumps, and
hydraulically driven hose reel. All controls shall be located so that the equipment can be
operated above ground. Equipment shall include a high-velocity gun for washing and scouring
manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a
solid stream.
Roots shall be removed in the designated sections where root intrusion is a problem. Roots shall
not be a reason for reverse set-ups for CCTV work. Special attention should be used during the
cleaning operation to ensure complete removal of roots from the pipes. Procedures may include
the use of mechanical equipment such as rodding machines, bucket machines and winches using
root cutters and porcupines, and equipment such as high-velocity jet cleaners.
The material resulting from the cleaning operation shall be removed at the downstream manhole
of the reaches being cleaned, through the use of a filtering device. The material collected at the
downstream manholes shall become the property of the Contractor. It shall be removed from the
site by the Contractor in a closed container and disposed of in a legal manner. It shall not be
dumped into streets, ditches, catch basins, or storm sewers. Flushing of the material from
manhole reach to manhole reach is unacceptable.
Acceptance of the sewer line cleaning shall be made upon the successful completion of the video
inspection and shall be to the satisfaction of the Engineer. If video inspection shows the cleaning
to be unsatisfactory, the Contractor shall be required to re-clean and re-inspect the sewer main at
no additional cost to the Town .
3-1.02. Material Dewatering and Disposal. Contractor shall screen all the debris collected prior
to analysis and disposal. Contractor shall haul and properly dispose of material at a class 3
landfill.
3-1.03. Video Inspection. Depth of flow shall not exceed thirty percent (30%) of the inside pipe
diameter as measured in the manhole when performing video inspection. In the event the depth
of flow of the reach being televised exceeds thirty percent (30%) of the inside pipe diameter, the
Contractor shall provide the necessary flow control or reschedule the inspection for a time when
such flow is reduced to permit proceeding with the work.
Video equipment shall include a multi-angle television camera capable of spanning 360-degrees
circumference and 270-degrees on horizontal axis to televise sewer lines 6-inch diameter or
larger; the purpose of the rotating head camera is to view all service connections, upstream and
downstream manhole structures, and to locate all defects, as well as questionable problem areas;
focal distance shall be adjustable through a range of one (1) inch to infinity. The television
Attachment No. A3
-3-
Cleaning and Video Inspection Section Sanitary Sewer SOW
camera shall be color format and specifically designed and constructed for operation in
connection with sewer inspection, and for operation in sewers under 100% humidity conditions.
Lighting and camera quality shall produce a clear, in-focus picture of the entire periphery of the
pipe for a minimum distance of six feet. Other required equipment are television monitor, cables,
power sources, lights, and other equipment necessary to do the work.
The CCTV inspection shall start and stop at each manhole and shall record the condition of each
manhole structure. The camera shall be moved through the pipeline in either direction at a
uniform rate, stopping when necessary to ensure proper documentation of the sewer's condition.
In no case shall the television camera be pulled or propelled at a speed greater than thirty (30)
feet per minute. The camera height shall be adjusted such that the camera lens is always
centered in the pipe being inspected. The equipment shall have an accurate footage counter,
which shall display on the monitor the exact distance of the camera from the centerline of the
starting manhole. Unless otherwise approved by the Engineer, footage measurements shall begin
at the centerline of the upstream manhole.
Prepare a digital visual and audio record of the inspection to document conditions observed.
Recording playback shall be at the same speed in which it was recorded. Slow motion or stop-
motion playback features may be supplied at the option of the Contractor. The Contractor shall
have all recordings and necessary playback equipment readily accessible for review by the Town
during the work. Each segment of the submitted final recording shall begin and end at a manhole
or cleanout, which shall be identified by the nomenclature used in the Town’s Sewer Map.
The date, identification of sewer reach(es) by upstream and downstream manhole numbers, and
manhole to manhole footage and slope shall be displayed on the video data view at all times.
Each recording shall be permanently labeled with the Contractor's name, date televised, street
name(s), identification of the sewer reach(es) inspected, and run number. If the recordings are
of such poor quality that the Engineer is unable to evaluate the condition of the sewer, locate
sewer service connections, or verify cleaning, the Contractor shall re-televise the sanitary sewer
and provide a new recording of good quality at no cost to the Town . No payment will be made
for recordings that do not meet the requirements of these specifications.
If, during the inspection operation at anytime, the television camera cannot make a complete pass
through the entire pipeline section (between the two accessible manholes), the Contractor shall
reverse setup the equipment so that the inspection can be performed and completed from the
opposite manhole. A continuous video shall be completed if the television camera can make a
complete pass from the opposite manhole. The video should cover the entire length of the
section. Once a potential point repair has been identified, documentation on color photo paper
and digital copy shall be submitted to the Town’s Representative of the obstruction location(s)
and length(s) in linear feet from an identified manhole.
In addition to recording the condition of sewer mains, the Contractor shall also stop the camera
at each lateral or service line entry point and aim the camera up into the line. Document the
location (distance) and condition of each lateral or service line with both color paper photo and
digital photo to be included in the Television Inspection Documentation.
Attachment No. A3
-4-
Cleaning and Video Inspection Section Sanitary Sewer SOW
CCTV Inspection Log and Summary: Contractor shall furnish a database in digital format and on
color paper print of all collected information such as location, relation to adjacent manholes,
defect observed, as defined in the NASSCO’s PACP defect codes. Contractor shall confer with
the Engineer regarding database format and desired data fields prior to commencing work.
Inspection log and summary reports shall be submitted to the Town Engineer for review and
approval prior to commencing work. All CCTV database format including inspection
documentation, observation codes, full streaming video and still images must be delivered in a
compatible format. All CCTV video streaming and imagery shall be MPEG-4 and JPEG format
or equivalent, respectively. Current supported commercial software applications that capture this
data in the correct format include: Possem, PicAx2 and WinCan v7. Contractor shall log all
observations using the NASSCO’s PACP/MACP current version observations code-set. The
information shall also include the manhole inspection logs. In addition, other points of
significance such as locations of building sewers, unusual conditions, roots, storm sewer
connections, broken pipe, cracks, presence of scale and corrosion, and other discernible features
shall be recorded and a copy of such records will be supplied to the Town. The Town will require
that all technicians performing the CCTV will be certified through the NASSCO’s PACP/MACP.
The closed-circuit television inspection shall be completed in the same direction each time
(upstream to downstream), unless a reverse setup is necessary, and shall be done with a color
camera with all inspection log data, footage, observations, still images and full streaming video
with audio captured digitally using a digital video inspection software program. A pan and tilt
camera shall be used for all pipelines that are 6-inches or greater in diameter.
Digital Video Recordings: The purpose of the recordings shall be to supply a digital visual and
audio record of the sewer lines to document current condition, problem areas and connections in
the lines. Recording playback shall be at the same speed in which it was recorded. Slow motion
or stop-motion playback features may be supplied at the option of the Contractor. Title to the
recording shall remain with the Town. The final recording(s) should be edited to include
complete sewer main(s) from beginning to end, followed immediately by its tributary sources. In
the rare instance where the camera cannot traverse the entire section of a pipeline between
manholes, the recording can be made from each of the two adjacent manholes to the restriction,
but shall be edited so that both segments are adjacent on the final recording. The date, time,
location, pipe diameter, direction of travel and continuous distance traveled shall all be clearly
annotated in the corresponding inspection database along with all observation codes. All
comments related to the inspection and to individual observations must be typed into an
associated comment text field and be retrievable from within the inspection database.
END OF SECTION
Attachment No. A4
Sanitary Sewer Overflow and Backup Response Plan
GWp Document e -signed by Peter Pirnejad(ppirnejad@losaltoshills.ca.gov)
Signature Date: 2022-07-21 - 4:28:22 AM GMT - Time Source: server
El Document emailed to Steve Mattas (stevem@meyersnave.com) for signature
2022-07-21 - 4:28:24 AM GMT
f) Email viewed by Steve Mattas (stevem@meyersnave.com)
2022-07-21 - 3:52:27 PM GMT
p Document e -signed by Steve Mattas (stevem@meyersnave.com)
Signature Date: 2022-07-21 - 4:40:44 PM GMT - Time Source: server
C-20 Document emailed to dpadovan@losaltshills.ca.gov for signature
2022-07-21 - 4:40:46 PM GMT
E -'q Email sent to dpadovan@losaltshills.ca.gov bounced and could not be delivered
2022-07-21 - 4:40:53 PM GMT
rL51 Oscar Antillon(oantillon@losaltoshills.ca.gov) replaced signer dpadovan@losaltshills.ca.gov with Deborah
Padovan (dpadovan@losaltoshills.ca.gov)
2022-07-22 - 5:22:22 AM GMT
P4 Document emailed to Deborah Padovan (dpadovan@losaltoshills.ca.gov) for signature
2022-07-22 - 5:22:22 AM GMT
061
Email sent to dpadovan@losaltshills.ca.gov bounced and could not be delivered
2022-07-22 - 5:22:42 AM GMT
Email viewed by Deborah Padovan (dpadovan@losaltoshills.ca.gov)
2022-07-22 - 3:23:44 PM GMT
5o Document e -signed by Deborah Padovan (dpadovan@losaltoshills.ca.gov)
Signature Date: 2022-07-22 - 3:23:57 PM GMT - Time Source: server
Agreement completed.
2022-07-22 - 3:23:57 PM GMT
aAdobe Acrobat Sign
Consulting Services Agreement between [1 JULY 2022]
Town of Los Altos Hills and West Bay Sanitary District--Exhibit B Page 1 of 1
EXHIBIT B
PROJECT TASKS, COSTS AND PAYMENT SCHEDULE
Task Monthly Summary Unit Cost Quantity 12-Mo. Cost FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
1
PURISSIMA Station: Routine - weekly inspections, ATS
and Generator testing will be performed.
O'Keefe Court Station: Routine - weekly inspections and
testing were performed. (See Tab 1.)
2159.70 12 $25,916 26,953.06$ 28,031.18$ 29,152.43$ 30,318.52$
2
Preventative Maintenance Cleaning. West Bay will
clean up to 55,900 feet of mainline pipe every year for
four years. .
1.59 55,900 $88,881 92,436.24$ 96,133.69$ 99,979.04$ 103,978.20$
3
High Frequency PM Cleaning. West Bay will clean up to
75,723 feet of High Frequency mainline pipe. (See
Task 3.)
1.59 75,723 $120,400 125,215.55$ 130,224.17$ 135,433.14$ 140,850.47$
4
CCTV Pipeline Inspection. West Bay will complete CCTV
inspection of approximately 42776 each year on a 7
year cycle.
2.74 42,776 $117,206 121,894.49$ 126,770.27$ 131,841.08$ 137,114.72$
5
Response to Category 2 and 3 Sanitary Sewer
Overflows. West Bay will follow the Town's SSMP and
OERP in responding to and conducting initial reporting
of SSOs.
2600.00 3 $7,800 8,112.00$ 8,436.48$ 8,773.94$ 9,124.90$
6
Response to Category 1 SSOs. West Bay will provide
SSO response to Category 1 SSOs. The Town did not
experience any SSO's this month.
3900.00 2 $7,800 8,112.00$ 8,436.48$ 8,773.94$ 9,124.90$
7 SSO Response for Private Laterals. West Bay did not
respond to SSOs related to private laterals this month.
400.40 5 $2,002 2,082.08$ 2,165.36$ 2,251.98$ 2,342.06$
8
CCTV Inspection Quality Control - West Bay will
randomly select two line segments per month which
have been cleaned in the prior month to verify the
quality of the cleaning. Q/C was conducted this month.
616.20 24 $14,789 15,380.35$ 15,995.57$ 16,635.39$ 17,300.80$
9
GIS and CMMS Updates. West Bay will continue to
update the Town's GIS and CMMS files in a efficient and
useful manner as determined by West Bay. The Town
will continue to have limited online access to the
database. West Bay will integrate new line attribute
data into the maps on a monthly basis, and will update
the network configuration on a quarterly basis or
as-needed. This work is anticipated to include
approximately 20 hours per month and no more than
120 hours per year unless authorized by the Town.
161.79 240 $38,830 40,382.78$ 41,998.10$ 43,678.02$ 45,425.14$
10
Monthly Management Report. West Bay will continue
to provide monthly O&M reports to the Town in the
format that is currently in use.
610.48 12 $7,326 7,618.79$ 7,923.54$ 8,240.48$ 8,570.10$
$430,949 448,187.34$ 466,114.84$ 484,759.43$ 504,149.81$
Optional 1
Pump Station Unscheduled Repairs. West Bay
performed an unscheduled repair to the Purissima
pump station because the pumps were not alternating.
Pump Supervisor is billed at $113.48 per hour/ $170.22
per hour at overtime rate. Pump Station Mechanic
$92.84 per hour/ $139.26 per hour at overtime rate.
(Estimated price based on one 4 hour call using Pump
Supervisor and Pump Mechanic at regular labor rate
only excluding material/parts.) Tasks lasting more than 4
hours in duration will require approval by Town
representative.
$ 825.29 4 $3,301 3,433.21$ 3,570.53$ 3,713.36$ 3,861.89$
Optional 2
Unscheduled Cleaning. Clean up to 7,200 feet of
mainline pipe. This is in addition to the regular
Preventative Maintenance and High Frequency
Cleaning.
$ 1.59 7,200 $11,448 11,905.92$ 12,382.16$ 12,877.44$ 13,392.54$
Subtotal Bid Item 1 through 10
Exhibit B to Agreement
Optional 3
High Frequency PM CCTV Assessment: West Bay will
CCTV inspect up to 22,250 feet of pipe in order to
reassess their preventative maintenance frequency.
This CCTV includes a cleaning if necessary.
$ 2.88 22,250 $64,080 66,643.20$ 69,308.93$ 72,081.29$ 74,964.54$
Optional 4
High Frequency PM CCTV Assessment OVERTIME (O.T.):
West Bay will CCTV inspect up to 22,250 feet of pipe in
order to reassess their preventative maintenance
frequency using Overtime. Once the CCTV inspections
are performed and reassessed, it is anticipated that we
will be able to reduce the amount of lines designated to
the High Frequency list.This CCTV includes a cleaning if
necessary.
$ 3.10 - $- -$ -$ -$ -$
Optional 5
Pass-through contract with Duke's for root foaming. 6-
8" Lines $1.20, 12-12" Lines $1.44 ans 15" Lines $2.08
per foot
$ 1.20 - $- -$ -$ -$ -$
Optional 6 Pipe Patch Repairs. West Bay will perform upto 12
PipePatch repairs as requested by the Town.
$ 2,400.00 12 $28,800 29,952.00$ 31,150.08$ 32,396.08$ 33,691.93$
Optional 7
Additional Work Rates: RCC $167 Hr / $258 O.T., PS
Super $113 hr / 170 O.T., PS Mech. $92 hr. / $139 O.T.,
Field Supervisor $113 hr. / $170 O.T., Maintenance Tech
$91 hr. / $139 O.T., Maintenance Worker $81 hr. / $128
O.T.
-$ -$ -$ -$
538,579$ 560,121.67$ 582,526.54$ 605,827.60$ 630,060.70$
Consulting Services Agreement between [1 JULY 2022]
Town of Los Altos Hills and West Bay Sanitary District --Exhibit C Page 1 of 3
EXHIBIT C
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A.In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal day’s work under this contract.
B.In accordance with California Labor Code Section 1811, the time of service of any worker
employed in performance of the services described in Exhibit A is limited to eight hours during
any one calendar day, and forty hours during any one calendar week, except in accordance with
California Labor Code Section 1815, which provides that work in excess of eight hours during any
one calendar day and forty hours during any one calendar week is permitted upon compensation
for all hours worked in excess of eight hours during any one calendar day and forty hours during
any one calendar week at not less than one-and-one-half times the basic rate of pay.
C.The Contractor and its subcontractors shall forfeit as a penalty to the Town $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during
which the worker is required or permitted to work more than 8 hours in any one calendar day, or
more than 40 hours in any one calendar week, in violation of the provisions of California Labor
Code Section 1810 and following.
WAGES:
A.In accordance with California Labor Code Section 1773.2, the Town has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed
for each craft or type of work needed to be as published by the State of California Department of
Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the
Town Public Works Office and shall be made available on request. The Contractor and
subcontractors engaged in the performance of the services described in Exhibit A shall pay no
less than these rates to all persons engaged in performance of the services described in Exhibit
A.
B.In accordance with Labor Code Section 1775, the Contractor and any subcontractors engaged in
performance of the services described in Exhibit A shall comply with California Labor Code
Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the
performance of the services described in Exhibit A that the Contractor or any subcontractor pays
less than the specified prevailing wage. The amount of such penalty shall be determined by the
Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or
neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or
the previous record of the Contractor or subcontractor in meeting applicable prevailing wage
obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of
Consulting Services Agreement between [1 JULY 2022]
Town of Los Altos Hills and West Bay Sanitary District --Exhibit C Page 2 of 3
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their
obligations under the California Labor Code. The Contractor or subcontractor shall pay the
difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is
not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable
for any penalties therefore unless the Contractor had knowledge of that failure or unless the
Contractor fails to comply with all of the following requirements:
1.The contract executed between the Contractor and the subcontractor for the
performance of part of the services described in Exhibit A shall include a copy of the
provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2.The Contractor shall monitor payment of the specified general prevailing rate of per diem
wages by the subcontractor by periodic review of the subcontractor’s certified payroll
records.
3.Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of
wages, the Contractor shall diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the subcontractor for
performance of the services described in Exhibit A.
4.Prior to making final payment to the subcontractor, the Contractor shall obtain an
affidavit signed under penalty of perjury from the subcontractor that the subcontractor
has paid the specified general prevailing rate of per diem wages for employees engaged
in the performance of the services described in Exhibit A and any amounts due pursuant
to California Labor Code Section 1813.
C.In accordance with California Labor Code Section 1776, the Contractor and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll
records showing the name, address, social security number, work, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed in performance of the services described in
Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
1.The information contained in the payroll record is true and correct.
2.The employer has complied with the requirements of Sections 1771, 1811, and 1815 for
any work performed by the employer’s employees on the public works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified
and shall be available for inspection by the Owner and its authorized representatives, the
Consulting Services Agreement between [1 JULY 2022]
Town of Los Altos Hills and West Bay Sanitary District --Exhibit C Page 3 of 3
Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the
Department of Industrial Relations and shall otherwise be available for inspection in accordance
with California Labor Code Section 1776.
D.In accordance with California Labor Code Section 1777.5, the Contractor, on behalf of the
Contractor and any subcontractors engaged in performance of the services described in Exhibit
A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E.In case it becomes necessary for the Contractor or any subcontractor engaged in performance
of the services described in Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory, administrative, clerical, or other
non manual workers as such) for which no minimum wage rate has been determined by the
Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of
wages specified therein for the classification which most nearly corresponds to services
described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be
applicable as a minimum for such trade or occupation from the time of the initial employment of
the person affected and during the continuance of such employment.
RESOLUTION 52-22
RESOLUTION OF THE CITY COUNCIL
OF THE TOWN OF LOS ALTOS HILLS
APPROVING AND AUTHORIZING EXECUTION
OF AN AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND
WEST BAY SANITARY DISTRICT FOR PROVIDING OPERATION AND
MAINTENANCE SERVICE FOR SANITARY SEWER SYSTEM, OVERFLOW
EMERGENCY RESPONSE AND ASSET MANAGEMENT SERVICES
WHEREAS, in January 2022 the City Council of the Town of Los Altos Hills authorized,
and Town staff entered into, negotiations with the West Bay Sanitary District for an
agreement providing sewer system operation and maintenance and other related services;
and
WHEREAS, the City Council of the Town of Los Altos Hills has reviewed and considered
that certain Agreement for operation and maintenance service for sanitary sewer system,
overflow emergency response and asset management services ("Agreement") between the
Town and West Bay Sanitary District.
NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos
Hills does RESOLVE as follows:
Section 1. Public interest and convenience require the Town of Los Altos Hills
to enter the Agreement with a not -to -exceed amount of $2,917,117 for preventive
maintenance, emergency call -out, and asset management services.
Section 2. The Town of Los Altos Hills hereby approves the five-year
Agreement, attached hereto and incorporated as Attachment 3 to the accompanying staff
report, and the City Manager is hereby authorized on behalf of the Town to execute the
Agreement between the Town of Los Altos Hills and West Bay Sanitary District.
The above and foregoing resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a special meeting held on the 25th day of May 2022 by the following vote:
AYES: Tyson, Tankha, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
ABSENT: None
BY:
George Tysc(n-,.,'MayoV
Resolution 52-22 Page 1