HomeMy WebLinkAbout20B - AA - AGMT - CATCH BASINREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 16, 2014
TITLE:
AGREEMENT WITH UNITED STORM
WATER INC., FOR ARTERIAL CATCH
BASIN CONNECTOR PIPE SCREEN
INSTALLATION PROJECT
(PROJECT NO. 14 -6821)
CITY MAN GER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
0= 000:4
❑ As Recommended
❑ As Amended
❑ Ordinance on 15' Reading
❑ Ordinance on 2na Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and the Clerk of the Council to execute an agreement with United
Storm Water, Inc., subject to nonsubstantive changes by the City Manager and City Attorney,
for the procurement and installation of catch basin screens, in an amount not to exceed
$232,000, for the term expiring December 31, 2014, which may be extended in writing by the
City Manager and the City Attorney to meet a revised installation schedule.
2. Approve an appropriation adjustment to receive $200,000 in Measure M2 funding into the
Measure M2 Competitive- Street Construction revenue account and appropriate the same
amount to the Measure M2 Competitive- Street Construction expenditure account for
construction of the Arterial Catch Basin CPS Installation Project.
3. Approve an amendment to the Fiscal Year 2013/14 Capital Improvement Program to add the
Arterial Catch Basin CPS Installation Project.
DISCUSSION
Approval of this recommended action will allow for completion of the Arterial Catch Basin
Connector Pipe Screen (CPS) Installation Project. This citywide project will retrofit 580 catch
basins on arterial streets with connector pipe screens, to prevent transportation- related pollutants
from entering the storm drain system.
The Orange County Transportation Authority (OCTA), in coordination with the County of Orange,
has prequalified contractors to purchase and install automatic retractable screens, connector pipe
screen full- capture systems, and catch basin inserts under the Environmental Cleanup Program
(ECP). Based on cost and experience, staff recommends contracting with United Storm Water,
Inc., to construct the proposed improvements.
On May 6, 2013, the City Council approved a Funding Resolution (No. 2013 -018) authorizing staff
to nominate water quality improvement projects with a transportation pollution nexus for
consideration by OCTA for Measure M2 ECP funding. City staff submitted the Arterial Catch Basin
CPS Installation Project to OCTA for eligibility review on May 17, 2013.
20B -1
Agreement with United Storm Water, Inc.
April 15, 2014
Page 2
On January 3, 2014, the City received notice that the proposed project was selected for funding.
The funding agreement specifies that OCTA will provide $200,000 toward construction of the
project; and the City will provide $351,000 in funding for design, construction, construction
administration, and in -kind services, including ongoing operations and maintenance for the life of
the proposed project for a total estimated project delivery cost of $551,000 (see Project.
Expenditure Summary below). The City will assume ownership of the system after the proposed
project is completed, which is anticipated by the end of 2014.
PROJECT EXPENDITURE SUMMARY
Construction
$232,000
Design
23,200
Construction Administration
34,800
Inspection
58,000
To receive OCTA Measure M2 funding, jurisdictions must prepare a seven -year Capital
Improvement Program (CIP). To maintain eligibility for these funds, the CIP must be updated
annually and submitted to OCTA. Since OCTA approval of the Arterial Catch Basin CPS
Installation Project was obtained after adoption of the Fiscal Year 2013/14 CIP, Council approval
is now needed to amend the CIP and ensure continued Measure M2 funding of the project.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended action is exempt
from further review. Categorical Exemptions Environmental Review No. 2013 -41 (Project 14-
6821) was filed for this project.
FISCAL IMPACT
ECP grant funds in the amount of $200,000 will be deposited into the Measure M2 Competitive -
Street Construction revenue account (03217002- 52332) and appropriated into the Measure M2
Competitive- Street Construction expenditure account (03217663- 66220). The City's matching
share of $351,000 is available in the Federal Clean Water Protection Fund (Account 05717640-
66220).
Edwin "William" Ivez, P. E.
Interim Executive Director
Public Works Agency
EWG /CC
Exhibit: 1. Agreement
2. Appropriation Adjustment
3. CIP Update
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
20B -2
AGREEMENT WITH UNITED STORM WATER INC.
FOR PROVISION AND INSTALLATION
OF CATCH BASIN SCREENS
THIS AGREEMENT, made and entered into this 15`" day of April, 2014, by and between United
Storm Water, 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:
A. City desires to enter into a contract for the provision and installation of "Connector Pipe Screens"
(hereinafter referred to as "Catch Basin Screens ") for the Arterial Catch Basin Connector Pipe
Screen Installation Project ( "the Project ") located in the City of Santa Ana.
B. Orange County Transportation Authority 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 the Project.
C, The County of Orange, entered into Agreement MA- 080 - 11011795 (Amendment #4) attached
hereto as Exhibit A, 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.
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 County Agreement MA -080- 11011795
(Amendment #4), 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 WORD
Contractor agrees to provide all supervision, teclmieal personnel, labor, materials, machinery,
tools, equipment, traffic control and services, security measures to protect its equipment and materials, as
well as necessary permits to procure and install United Storm Water's Connector Pipe Screens, as set
forth in Exhibit B, attached hereto. Said Catch Basin Screens will be installed for the Project, as shown
on the project map attached hereto as in 'Exhibit B -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, safe 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 this Agreement.
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
Exhibit 1
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the Contractor shall be Eduardo Perry, Jr. 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 927021988
If to the CONTRACTOR: United Storm Water, 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 C. The total amount to be paid for
procurement and installation of all Catch Basin Screens shall not exceed Two Hundred Thirty Two
Thousand Dollars ($232,000).
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.
S. 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.
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 mamier. The Term of this Agreement shall be from the date first stated
above through December 31, 2014, The Term of this Agreement may be extended by a writing executed
by the City Manager and the City Attorney.
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.
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12, INSURANCE
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, fie, 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,
4
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16. JURISDICTION/VENUE
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. TUYIE 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 frilly set forth in the
body of this Agreement.
///
20B-7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year
first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
r
By: Lisa Storck
Assistant City Attorney
r1-
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CONTRACTOR:
UNITED STORM WATER, INC.
EDUARDO PERRY, JR.
President
EXHIBIT A — COUNTY OF ORANGE AGREEMENT
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20B -10
EXHIBIT B - CONNECTOR PIPE SCREEN
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EXHIBIT BI - PROJECT MAP
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20B -16
EXHIBIT C — PRICING
Prate. M,'! 'Ole t`nllaadng Ml cshjoalveq have been satisfied throai,eh ccniraa pricing:
L Pricing is based on device aiaung including brearlca raa. dis(;onrAts for Ttantity ordors.
Pricing sitar!! l Judo histaRlbattarms. itletnlry il' Pricing is Ater lincal fulat or fw� ewfiv
cmiis. ii' Bust& uiMi based on iiatwriais, contractor %vilt provido a separatr pdciiig,
module.
z, Volume based pricing has been esubli3bed. As the prngram grn%vs die evoornaiaa of
aea[a, wall' banefit Onango County taawpuvyem and Program participmr¢a.
15
20B -17
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