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HomeMy WebLinkAboutUNITED STORM WATER, INC. -2011 City of Santa ? a ♦1 eta r 1 Clerk of the Council COTC Office Use Only AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s)a permanent record?Yes No Return form to the Clerk of the Council Office (M-30). • Call 647-1520 if you have any questions. • The agreement with i'!N4 S‘MitetrAtel4 • No. .'`� _ �� ? 66 7 was completed on 7(�c /(7 and final payment has been made. (List all amendments. Use space below if needed.) /47 2O0 eQ , Department: Nill fI A, f squat, Phone/Ext.:ark 2` Signature: 71/' �AOCf� 4725-S�Q� ✓ Date: ! (3/r7 Revised: 10-13-10 /9 r.�//): — /O ei G.r y 1 ?c A-2011-253 AGREEMENT FOR INSTALLATION OF CATCH BASIN SCREENS THIS AGREEMENT, made and entered into this 21sr day of November, 2011, by and between United Stormwater, Inc., a California corporation (hereinafter referred to as "CONTRACTOR") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter referred to as ("CITY"). RECITALS: t •.J ,17) _ UrD o A. CITY desires to enter into a contract for the provision and installation of "Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Systems and Catch Basin Inserts" (hereinafter referred to as "Catch Basin Screens") in the Wintersburg Channel located in the City of Santa Ana; and B. OCTA has awarded funding for the Project through its Measure M2 Environmental Clean Up- Tier 1 Water Quality Grant Funding (ECPF) Program for the installation of Catch Basin Screens in the Wintersburg Channel ("the Project"); and C. The County of Orange, entered into Agreement MA-080-11011795 by which Contractor has agreed to assume all responsibilities and obligations inherent with the procurement and installation of Catch Basin Screens through the ECPF Program; and D. Contractor has agreed to procure and install Catch Basin Screens for the Project in conformance with the terms and conditions set forth in Orange CountyAgreement MA-080-11011795, and as further agreed herein. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. SCOPE OF WORK Contractor agrees to provide all supervision, technical personnel, labor, materials, machinery, tools, equipment and services, security measures to protect its equipment and materials, as well as necessary permits to procure and install United Stormwater's Drain PacTM Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Systems and Catch Basin Inserts, as set forth in Exhibit A, attached hereto. Said Catch Basin Screens will be installed in the Wintersburg Channel, as shown on the map attached hereto as in Exhibit A-1. All attachments to this Agreement are hereby incorporated by reference. The Contractor shall execute the work in accordance with the safety provisions of applicable laws and the building construction codes. Contractor shall keep the Property clean and orderly during the course of the work and remove all debris upon completion of the work. The Contractor shall be responsible for any damages to property and/or injuries to persons (on or off site) as a result of their execution of the work required by the Contract. 2. REPRESENTATIVES AND NOTICE For the purposes of implementing this Agreement, the representative of the City shall be the Executive Director of the Public Works Agency or his designated representative. The representative of ? \ ul Y the Contractor shall be LmL; o Except as may be otherwise stated, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. Any notice or instrument required to be given or delivered to either party to this Agreement may be remitted by personal delivery or by depositing the same in the United States mail, postage prepaid, addressed to: If to the CITY: City of Santa Ana Public Works Agency - Design Engineering P.O. Box 1988, M-36 Santa Ana, CA 92702-1988 If to the CONTRACTOR: United Stormwater, Inc. 1400 E. Valley Blvd. City of Industry, CA 91746 Any notice of a change of address shall be delivered in the same manner as any other notice provided herein. Notice by mail shall be effective three days after mailing by the above-described procedure. 3. COMPENSATION A. City agrees to pay, and Contractor agrees to except as total payment for any and all services under this Agreement, the rates and charges attached hereto as Exhibit B. The total amount to be paid for procurement and installation of all Catch Basin Screens shall not exceed One-Hundred Thousand Dollars ($100,000). B. Payment due Contractor for completed and accepted work shall be paid within thirty (30) calendar days after the City's acceptance of the work, receipt of Contractor's invoice and satisfactory releases of liens or claims for liens by Contractor, subcontractors, laborers, and material suppliers for completed work or installed materials. C. Payments may be withheld on account of defective work not remedied, claims filed, failure of Contractor to make payments properly to subcontractors or for labor, materials, or equipment, damages by another Contractor, or unsatisfactory prosecution of the work by Contractor, as determined by the City. 4. STANDARD OF PERFORMANCE In undertaking the performance of this Agreement, Contractor represents that it is proficient in the field of storm water catch basin installation. Work performed by the Contractor under this Agreement will be accomplished in compliance with such standards as may reasonably be expected from a contracting firm in that field or trade. Contractor shall perform the work in a professional manner with quality workmanship. 5. CORRECTION AND DEFECTS Contractor shall correct any work that fails to conform to the requirements of this Agreement or any documents pursuant hereto, where said failure to conform appears during the progress of the work. Contractor shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one (1) year from the date of recording of the Notice of Completion by the City, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by this Agreement or any document pursuant thereto. 2 6. GUARANTEE Contractor guarantees the work performed for a period of one (1) year from the date of final acceptance of all the work required by this Agreement. Contractor guarantees all materials to be as specified and all work to be completed in a professional manner according to standard practice. Unless otherwise specified, all materials shall be new. Contractor shall leave the work in a finished condition as determined by acceptable building standards and to the satisfaction of the City. 7. TIME FOR COMPLETION/ TERM OF AGREEMENT Contractor shall commence work on the Project upon City's Notice to Proceed, and shall complete the project in a timely manner. The Term of this Agreement is from the date first stated above through June 30, 2012. 8. COMPLIANCE WITH ENVIRONMENTAL LAWS. Contractor agrees to comply with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and all applicable federal, state, and local agencies. 9. INSPECTIONS City shall have the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements and this Agreement. Contractor agrees that all work found by such inspections not to conform to the applicable requirements shall be corrected by Contractor, and City shall have the right to withhold payment to Contractor until it is so corrected. 10. CHANGE ORDERS Any changes or deviations from Bid/Proposal, Specification, and approved Project Drawings, or the terms of this Agreement shall be effective only upon written consent of City and the Contractor. All change orders will specifically describe the work and/or changes, the new agreement price and time for completion. 11. INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless the City of Santa Ana, its officers, agents and employees from and against any and all loss or damage to property and from all injuries or death of any person or persons in the performance of the work under this Agreement. Contractor agrees to indemnify, defend and hold harmless the City of Santa Ana, its officers, agents and employees from and against any and all suits, actions or proceedings of any kind or nature arising out of the acts or omissions of employees or agents of Contractor or its subcontractors. 12. INSURANCE 3 With respect to performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors to maintain insurance as described below: (1) Workers' compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident. (2) Commercial general liability insurance or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall name Orange County and the City of Santa Ana and their officers, agents and employees as Additional Insured. (3) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. All insurance coverages required pursuant to this section shall be primary and not contributory with respect to insurance or self-insurance programs maintained by Orange County and/or City; contain standard separation of insured provisions and provide waiver of subrogation clauses. Contractor shall furnish properly executed certificates of insurance and Additional Insured Endorsements to City prior to the commencement of work under this Agreement. Such certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed or terminated except on thirty (30) days prior written notice to City. Contractor shall maintain such insurance from the time work first commences until completion of the work under this Agreement, and replace such certificates for policies expiring prior to completion of work under this Agreement. 13. ASSIGNMENT Contractor shall not assign any rights under this Agreement except upon prior written authorization of City provided that claims or money due or to become due from City under this Agreement may be assigned to a bank, trust company, financial institution or to a trustee in bankruptcy without such approval. Notice of any such assignment or transfer shall be promptly furnished to City. Contractor shall not subcontract any of the services required by this Agreement without written approval of City. Contractor shall not delegate any authority or responsibility that would in any way purport to relieve it of any obligation imposed by this Agreement. 14. CONFLICT OF INTEREST Contractor covenants that it is an independent contractor and not an employee of the City and that its personnel, employees and subcontractors are not employees of the City. Contractor presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the work under this Agreement. 15. UNAVOIDABLE DELAYS AND DEFAULTS The time of completion of this Agreement shall be extended by the number of calendar days which Contractor is prevented from performing work as a result of inclement weather, acts of City not contemplated by this Agreement, the unavailability of workers or materials due to strikes, accident, acts of God, fire, unusual delays in transportation, unavoidable casualties, causes beyond Contractor's control, or any cause which the City may determine justifies the delay. The Contractor shall not be entitled to an extension in the number of calendar days for completion, unless, within five (5) days from the beginning of such delay, it notifies the City in writing of the causes of the delay, which causes must be acceptable to the City. 16. JURISDICTION/VENUE 4 This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. ATTORNEY'S FEES Should any litigation be commenced between the parties to this Agreement concerning the work which is the subject of this Agreement, any provision of this Agreement, or the rights and obligations of either in relation thereto, each party shall be responsible for its own attorney's fees and costs. 18. TIME OF ESSENCE Time is of the essence in performance of this Agreement. 19. EXCLUSIVITY OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to hiring of Contractor by City, and contains all the covenants and conditions between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement, acknowledges that no representations, inducements, promises, or agreement, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or amendment to this Agreement shall be effective only if executed in writing and signed by City and Contractor. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Construction Agreement on the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council Approved as to form: By: Laura Sheedy Assistant City Attorney Recommended for Approval: r NAO Raul Godinez, II Executive Director Public Works Agency CITY OF SANTA ANA Paul M. Walters Interim City Manager UNITED STORMWATER, INC. (NAME) ?/A(<A=a f JYZ- (Title) ?'lz ?,s 07 Tax ID# 95- V 7W /z & 6 EQUIPMENT DESIGN & SPECIFICATIONS REPORT: DRAINPACTM CATCH BASIN INSERT Description/Design/Engineering Full Trash Capture United Storm Water's DralnPacT13 meets the full trash capture definition of the RFP as it is capable of trapping ail particles larger than 5 mm in size. Equipment & Design Elements United's DralnPacTh4 is a treatment control BMP product that captures and treats urban runoff before it enters the storm drain system (see attached Technical Drawings. This multi-layer filtration devise is installed in drop inlets or curb iniets in a manner that does not interfere with lateral line water flow. General specifications of this product are as follows: • Frame assembly will be constructed from 12-gauge 344 stainless steel • Filter liner will be fabricated from a combination of 4 oz non-woven polypropylene filter cloth and PVC mesh • Support basket will be constructed from a high density polymer rated at 854 Ib/sq It This product is custom made in-house to fit any shape or size of catch basin utilizing single or multiple units as required. The smallest workable catch basins for this product would be 6" x 69. The largest size of a single DrainPacTm unit would be 48' x 48' for drop inlets and 82" x 12° for curb inlets. Catch basins larger than these standard sizes would be fitted with multiple units. Installation Specifications The DrainPacTM could be used in conjunction with a CleanScreenT"" Automatic Retractable Screen (ARS) and/or Connector Pipe Screen (CPS) for added effectiveness based on the level of trash and debris that commonly accumulates at the site. Field inspections of catch basins will determine if this product is appropriate for each respective storm drain. For drop inlets the product will be gravity held in place and will rest on the existing catch basin grate shelf. For curb inlets the product will be mounted to the forward wall of the catch basin below the flow line. Materials The DrainPacTm is constructed from non-corrosive materials with the frame and mounting brackets made from stainless steel; the filter liner is composed of PVC mesh (sides only) for overflow bypass, and non-woven polypropylene (bottom only) for treating petroleum hydrocarbons; and the support basket is made from a high density biaxial geogrid material. See attached Technical Drawings for drop inlet and curb inlet configurations and material specifications. Flow Rating Site appropriate maintenance frequencies of this product will help to ensure effective and trouble free functioning of this product. Insufficient inspection and/or cleaning frequencies that allow an excess amount of material to accumulate in the filter liner can significantly affect the flow rate of water through the product. See Filter Testing Report for observations regarding head loss and Flow Rate Testing and Flow Rate Capacity reports for additional data. Estimated Design Life Design life of the DrainPacTm is dependent on the flows to the site. Average life of a properly maintained unit is three to five years for the filter liner before requiring liner change-out, and the stainless steel frame it reusable for liner replacement which is generally only required due to mishandling/abuse of the product. p. 3 EXHI A Performance Effectiveness Targeted Pollutants This product has demonstrated both in the field and in the laboratory to be an effective structural treatment control BMP for capturing trash, sediment, gross solids, oil and grease, and total metals. Recent testing of the DrainPacTm was conducted by California Polytechnic State University San Luis Obispo resulted in 83% to 91% removal efficiency of fine suspended solids with the best removal observed at lower flow rates, and oil and grease removal efficiency varied from 40% to 80% under the test conditions. Higher rates of oil and grease removal can be achieved by adding an absorbent sock around the periphery of the products frame (optional). See attached Filter Testing Report for additional information. Trash Capture & Storage Capacity A DrainPacTm has a trash capture and storage capacity equivalent to the area of each unit. For drop inlets the product will cover the entire length and width of the drain inlet point and standard filter depths are 12" yet can/will be fabricated shallower to prevent the device from obstructing the outlet pipe of the catch basin. For curb inlets the product will be fabricated to the length of the curb inlet opening with 12" wide by 12" deep standard dimensions. Wider and/or shallower devices will be fabricated iflas required based on catch basin configuration. Overflow or Bypass Flow Capacity Drop inlet configurations of the DrainPacTm are designed with a center overflow bypass port to prevent flooding in the event that a unit is full of trash and is no longer filtering. Curb inlet configurations of this product do not require any type of special overflow bypass feature. If a unit is full of trash and is no longer filtering water entering the catch basin will merely flow over the 12" wide device Into the catch basin. Maximum Overflow or Bypass Flow Capacity The overflow bypass features of the DrainPaclm described have been proven in the field to withstand a 10-year storm event without causing flooding. Siting, Operational & Maintenance Installation Process Before the start of installation United's Project Manager will coordinate with the County's Project Manager to discuss the proposed installation schedule by service zones. For work performed in areas that encroach on traffic right-of-way, an encroachment permit will be obtained from the appropriate entity and United will develop a written and approved traffic plan. When proposed work zones have been accepted United will install DrainPacs"m in the designated storm drains. Devices installed in drop inlets will be gravity held in place and will rest on the existing catch basin grate shelf. For this configuration installation will require United's Service Staff to remove the traffic grate using a 'traffic grate puller" tool and will require approximately five minutes to install each device. Devices installed in curb inlets will be mounted to the forward wall of the catch basin approximately 4" below the flow line or as required based on catch basin design and/or other Storm Water Devices that may be installed in the same catch basin. This configuration will require drilling of the interior of the catch basin and installation of supportimounting brackets (see attached Technical Drawing) and will require approximately fifteen minutes to install each device. Site Specific Measurements The County would have to provide United with storm drain maps, inlet location where the product is proposed for installation, and approximate lengths and widths of drop inlet openings and lengths of curb inlet openings in order to provide Entities with cost estimates. Devices would thereafter be custom made to fit each respective storm drain based on measurements taken by United's Service Staff. This device could be used in conjunction with a CleanScreenl-m ARS and/or CPS for added effectiveness based on the level of trash and debris that commonly p. 4 accumulates at the site. Field inspections of catch basins will determine if this product is appropriate for each respective storm drain. Regulatory Permits Required for Installation No regulatory permits are required for the installation of this product. Maintenance Requirements For best performance of the DrainPac'm United Storm Water recommends cleaning by means of industrial vacuum (usually does not require confined space entry) once during the dry season (June-September) and as often as monthly during the wet season (October-May) for effective filtration and to prevent the possibility of flooding. Average number of cleanings is three to four per year. Cleaning is particularly important prior to the wet season and after the first storm event of 314° of rain to prevent the possibility of flooding. Actual scheduling will be based on United recommendations and customer approval based on county stormwater management ordinances and the storm drain flows and loads subjected to the site. Per the local Stormwater Management and Discharge Control Ordinance, BMPs at manned facilities must be inspected by the discharger before and following predicted rain events, and BMPs at unmanned facilities must be inspected by the discharger at least once during the rainy season and at least once between each rainy season. For best performance of the DrainPac"I United Storm Water recommends inspections as often as once during the dry season (June-September) and in the wet season (October-May) between or during scheduled cleaning events (depending on actual established schedule). Average number of separate inspections is three per year. Actual scheduling will be based on United recommendations and customer approval based on county stormwater management ordinances and the storm drain flows and loads subjected to the site. Inspection services will ensure that the product is functioning properly and will aid in establishing/changing cleaning schedules accordingly. Any items in need of repaldreplacement should be performed as soon as it is safe to do so. If failure of the product indicates that it is inappropriate or inadequate to the circumstances, the product must be modified or upgraded to prevent any further failure in the same or similar circumstances. Durability The DrainPacTI" is constructed from high quality materials that can withstand normal wear and tear. Any damage that may be caused by fire, sharp objects, vandalism, or other forms of product mistreatment can be repaired by replacing the filter liner and/or support basket as needed utilizing the original frame. The durability of this product will in no way be affected by external factors such as street sweeping and car parking. United Storm Water is not aware of any incidents of vandalism of the product and may be due In part to the need of special tools for removing traffic grates and/or manhole covers in order to access the product. Replacement Parts & Life Expectancy Any damage that may be caused by fire, sharp objects, vandalism, or other forms of product mistreatment can be repaired by replacing the filter liner and/or support basket as needed utilizing the original frame. Not only are our standard rates for new filters economical, yet filter replacements (filter liner and support basket material) that may be required due to normal wear and tare can be provided at 50% of the cost of a same size new DralnPac"". No other replacement parts are required. Life expectancy of the DrainPacTm is dependent on the flows to the site. Average life of a properly maintained unit is three to five years for the filter liner before requiring liner change-out, and the stainless steel frame it reusable for liner replacement which is generally only required due to mishandling/abuse of the product. Warranty Coverage United Storm Water agrees to repair and or replace the frame assembly of this product at no cost to the purchaser for a period of ten (10) years from the date of delivery should failure occur during normal use. The purchaser of this product must be aware that the filter cloth and support basket may become damaged or torn due to retention of items such as sharp objects, corrosives, or enflamed items. Such damage falls outside of the coverage of this p. 5 warranty yet may be replaced at a discounted rate to the purchaser. See attached DrainPacTM Warranty. Aesthetics & Safety For both drop inlet and curb inlet configurations the DrainPacTM is out of sight and not easily visible by pedestrians. No part of an installed device can come in contact with a pedestrian and is considered "safe". Uniqueness of Device The DrainPacTM is unique in that it is both versatile and economical. All products are custom made to fit any shape or size of catch basin and United Storm Water will design filter configurations for specialluncommon applications. The standard filter cloth used for this product is 4.0 oz/sq yd, yet heavier fabric weights are available upon request. This product is also easy to clean and does not necessarily require the use of additional media for absorbing petroleum hydrocarbons (depending on site conditions), yet absorbent sock material can be easily added to the frame as an option. Vendor's Installation Background United Storm Water has been manufacturing custom-made DrainPacs'M in-house using United employees since 1999. We have the equipment, facility, and manpower necessary for providing eligible Entities within Orange County with this product and have experience in working on projects of a similar type and scale as the scope of work of this RFP. United employs a team of competent manufacturing personnel who are experienced in interpreting technical drawings, machining, and welding. These individuals are not only quality conscious in their work, but also offer insight and practical know-how that contributes to improved functionality and streamlined design of our products. United's Service Staff performs storm drain cleaning and maintenance services on a daily basis and have successfully cleaned and installed thousands of BMPs yearly for various private and government entities throughout California. Our highly experienced, professional service staff have received in-class and in-the-field training regarding the environmental regulations that govem our industry and are trained and medically monitored in accordance with O.S.H.A. Title 29 CFR 1910.120 to conduct tasks involving storm drain maintenance and the handling of or exposure to hazardous materials, substances, or waste including; • 40-Hour HAZWOPER Training & 8-Hour Annual Refresher Courses • Traffic Control Training Per Caltrans Chapter 8 Standards • Confined Space Entry Training • Confined Space Rescue Training • DOT HM-126F, HM-180 & HM-181 • Bloodborne Pathogens Training • Medical Surveillance Program • O.M.V. & D.O.T. Drug & Driving Record Programs • CPR & First Aid Training • LiveScan (Required by Transportation Security Administration) p. 6 i 1 - , S f o 1 1 { ? :ar a 7t I i1 z i j ?W9 T !I a 00' a- a to f? (mil :, ?_ 1 1 pT¦? 7 R] C l_ a . r 1 1G i? ® a to I It.,M" C _ ! Item It Description Unit Quantity Unit Price Amount I ARS & CPS and Catch Basin Inserts (opt. 6) United Stot <4' 5 S 897 S 4,487 2 ARS & CPS and Catch Basin Inserts (opt. 6) United Stot 4.l'-6' 7 S 1,343 S 9,399 3 ARS & CPS and Catch Basin Inserts (opt. 6) United Stot 6'-10' 35 S 1,450 $ 50,754 4 ARS & CPS and Catcb Basin Inserts (opt. 6) United Stot 10,1'-16' 15 S 1,794 S 26,908 5 ARS & CPS and Catch Basin Inserts (opt- 6) United Stot>16' 3 S 2,344 $ 7,031 S - $ - S - S - S $ - Total Catch Basins 65 Su btotal: S98,580 Estimated Installation Costs Item # Description Unit Quantity Unit Price Amount S - $ - S - S - S - $ - S - S - S - S - S - S - S - S - S $ Subtotal: SO Otlter Costs Item It Catch Basin Infections by City Staff 65 catch basins at 3x 1 year for 10 years (assuming 7 minutes per inspection) 3x / year is dependent on storm events Hour dollars/hour S - S 227.5 S 51 S S - S S - S Amount 11,575 Contracted BMP Cleaning and Maintenance 65 catch basins at min. 2x/yr. for 10 years. 2x / year is dependent on storm events TOTAL PROJECT COST S - S - EA Dollam/year total/ 10-yr 65 S 70.00 S 45,500 S - S - Subtotal: 557,075 $i5 `' Page 8 EXHIBF Trujillo, Rose Ann From: Ramirez, David Sent: Wednesday, January 11, 2012 4:25 PM To: Trujillo, Rose Ann Subject: United Stormwater Agreement Rose Ann, I talked to you this morning regarding the contractor's representative. The representative is Ramon Menjivar "Project Manager" Please proceed with the agreement. Please let me know if you have any additional questions and thank you for your help. Thank You, David Ramirez Design Engineering City of Santa Ana Phone: 714.647.5641 Fax: 714.647.5635 From: Parco, Jerome Sent: Wednesday, January 11, 2012 4:10 PM To: Ramirez, David Subject: RE: Ramon Menjivar From: Ramirez, David Sent: Wednesday, January 11, 2012 4:01 PM To: Parco, Jerome Subject: FW: Who is the project manager? Thanks, David Ramirez Design Engineering City of Santa Ana Phone: 714.647.5641 Fax: 714.647.5635 From: Sheedy, Laura Sent: Wednesday, January 11, 2012 3:56 PM To: Ramirez, David Subject: RE: Hi David The Contractor's project manager should be named on that line. Thank you Laura Sheedy Assistant City Attorney Santa Ana 714-647-5201 1 This email is confidential and may be subject to attorney-client and/or work product privileges. This email is intended for the addressee only. If you received this email in error, please reply to the sender to advise of the error and delete the original email. Unauthorized use of this email could result in legal action. From: Ramirez, David Sent: Wednesday, January 11, 2012 3:24 PM To: Sheedy, Laura Subject: Laura, Clerk's Office is processing an agreement for United Stormwater and on page 2 of the attached agreement first line says "the Contractor shall be." They are talking about contractor representative. The agreement has been signed by the contractor his name is Edward Perry Junior "President." Will Edward be the contractor's representative? Or is this a questions I should ask the contractor. Please let me know if you can help, I will greatly appreciate it. Thank You, David Ramirez Design Engineering City of Santa Ana Phone: 714.647.5641 Fax: 714.647.5635 Ate , CERTIFICATE OF LIABILITY INSURANCE OIZO51D2012) FaocuCETt 213.553.8400 FAX 213.553.8466 ! 0 ATE (M"5/ 012 Wilshire Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIF INFORMATION 835 Wilshire B1 vd. , 4th Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Los Angeles , CA 90017-2603 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. #INRERS AFFORDING COVERAGE NAIL p INSURED United Pumping Service, Inc. RA Starr Surplus Lines Insurance Co parry United Storm Water, Inc. Re Starr Indemnity & Liability Comp ny 4 Lease, Inc. LNSURERC Federal Insurance Company 14000 East Valley Blvd. INSUREaD' -"- City of Industry, CA 91746 ?INSURERE. -- COVERAGES Tk-- P[!, Iricc rc i"C„Dn,,,- AMY REQUIREMENT, TERM OR CGNDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTOTO W ,DING R HICH THIS CERTIF CATE MA Y BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS POL EX . CLUSIONS AND CONDITIONS OF SUCH ICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED 13Y PAID CLAIMS. MSR D' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE PO LICYEXPIRATION GENERAL LIABILITY X COI.'A7:RCIAL Gc"N£RAL LIABILITY SLSLEIL72023512 12/31/2011 12/31/2012 LIMI EACH OCCURRENCE TS 1,000,00 CLAiVS I.L=??E X {OCCUR DAMAGE TO RENTED 50,00 S A X!$25 000 SIR MED EXl' (Any one wscn) 5 5,00 , - X i 5L-024 (01/09) PERSONAL & A I s 1 -.000'(0) 0 GE!,' L AGCREGA e LIMIT APPLIES PER: "T TE GENERAL AGGREGATE 1,000,00 RANSPORTATION PRODUCTS C P I F'=''L?c'' X P'0 n Luc POLLUTI ` - OM roP AGG S 1,000,00 ON LIABILITY f AUT OM081LE UAWLITY SISIPCA08223612 12/31/2011 12/31/2012 X ANY AUTO GO!I.HINED SINGLE LIMIT IEa sxidenq ° ALL OWNED AUTOS 1.660.OD B I SGHEOJLEC AUTOS . " BODILY INJURY (Pe:Derson) X HrR.O AUTOS . , .. .. X NGN-G'rVNEO AUTOS BODILY INJURY (PereccCem) x roes-9o 'd ? e ?e ? - .. .. . _ - ? i .. PROPERTY DAMAGE (P6I acc+a?t) GARAGE LIABILITY A:'JY AUTO j AUTO ONLY - EA ACCICENT S OTHER THAN EA MCC EXCESSIUMBRELLALIABILITY X OCCUR C A SLSLXNV73017412 1Z/31/2011 12/31/2012 AUTO ONLY AGG EACH OCCURRENCE S S 9,000,00 A lA1S'AAVE AGGREGATE S 9 1006,66 DEDUCTI _ i BLE -- f RETENT $ ION i I ___.___......... 5 WORKERS COMPENSAnoNAND 00447272441 12/31/2011 12/31/2012 X INCSTATIrj orH_ EMPLOYERS' IUBiL1TY Y E? C ANY PRt:PAfETORJPARTNE;tfXECUT)VE E_L EACH ACCIDENT 1,000, OO ii: F;L'ERIAIEMBER cJt CLUCED? i 3! yes. describe under E,L. DISEASE • EA EMPLOYE > 1 , D66 , 66 SPECIAL PROVISIONS telor E.L. DISEASE -POLICY L1Aa1T i 1,000,001 tion Liability SLSLEIL72023512 12/31/2011 12/31/2012 $1,000,000 Each Occ Pollution n A ssional Liability $1,000,000 Each Claim Prof H S MADE $50,000 SIR EAC 51,000,000 Aggregate DESCR1P . nON OF .. ERATIONS 7 LOCATIOgS 1 VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISI C?N S he City of Santa Ana, it's officers, agents, volunteers and emp oyees are included as additional nsured with primary and non-contributory, but only as respects their interest in the operations of the amed insured and as per the attached endorsement form SL-023 (01/09). except 10 days notice of cancellation for non-payment of premium. City of Santa Ana Public Works Department 20 Civic Center Plaza M-36 Santa Ana, CA 92701 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED To THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE I R. ITS AG NW , REPRESENTATIVES. AUTHORIZED REPRESENTAT ?n RD CORPORATInNt iORA IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (20011081 rStarr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 Primary and Non-contributory, Additional Insured and Waiver of Subrogation Policy Number: SLSLELL72023512 Effective Date: 12/31/11. at 12:01 a.m. Named Insured:. United Pumping Service, Inc. United Storm Water, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE [AS REQUIRED IN A WRITTEN CONTRACT) A. SECTION II . WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of "your work" for that insured by or for you. B. As respects additional insureds as defined above, this insurance also applies to 'bodily injury' or 'property damage' arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional Insured's because of payments we make for injury or damage arising out of "your work' done under a written contract with the additional insured. 3_ The term insured is used separately and now collectively, but the inclusion of more than one insured shalt not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. SL - 023 (01/09) or 2 Copyright O C. V. Starr & Company and Stan Surplus Llnes Insurance Company. All rights res Papal aPage Includes copyrighted material of ISO Properties, Inc., used with Its permission. All other terms and conditions of this Policy remain unchanged. Signed for STARR SURPLUS LINES INSURANCE COMPANY Charles H. Oangelo, President Honora M- Keane, General Counsel SL - 023 101104) Page 2 of 2 Copyright O C. V. Starr 8 Company and Starr surplus unes Insurance Company. All rights reserved. Includes copyrighted malarial of ISO Properties, Inc., used with Its permission.