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UNITED STORM WATER, INC. 8 - 2015
1NSURANOE ON HLI A-2015 -088 WORK MAY pROGEEU UNTIL IWOURANO F�Pii EL CI.CRKOF COUNCIL. AGREEMENT WITH UNITED STORM WATER INC. DATE, (P LJ "`I � FOR PROVISION AND INSTAI,LAT'ION OF CATCH BASIN SCREENS THIS AGREEMENT, made arrd entered into this 19"' day of May, 2015, 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 Residential 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-080-15011198 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 - 15011198,, 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, 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 the Contractor shall be Eduardo Perry, fr. 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— Construction Engineering P.O. Box 1988, M -22 Santa Ana, CA 92702 -1988 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. 41 A. City agrees to pay, and Contractor agrees to accept 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 One Thousand Six Hundred Dollars ($201,600). 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 shall be from the date first stated above through June 30, 2016. 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. 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, 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. 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. 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 Agreement on the date and year first above written. ATTEST: z/s MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: ro CITY OF SANTA ANA 1 6�!.. DAVID CAV City Manager UNITED STORM WATER, INC. EDUARDO PERRY, JR. President EXHIBIT A - COUNTY OF ORANGE AGREEMENT County ofOrnngn, OCpause Works MA- ddO- XShci79d Untied Srprra Wnrer, per. CONTRACT MA-080-1501 108 FOR IUSrr AND DE191$ CAPTUR$ DEVICES THIS Contract MA- 080. 15011195 to provide Trash and Debris Capture Devioaa, (hereinafter referred to as "Connreet ") is made by and between the County of Orange, a pofful subdivision of the Sate of California, (herwoeftd^ referred to as "County") and United Storm Water, Ina, with a place of business at 14000 E, Valley Blvd., City of Industry, CA 91746 (heroinattcr roiemed to as "Contractor"), with County and Conlrastm sometimes Individually referred to as ( "party ") or collectively rotbired to as ( "Parties "). WHWAS, County and Cutttractor axe entering into this Contact for Trash and Debris Capture Devices under a Usage Contract; and, WHSRUS, County solicited Trash and Debris Capture Devices as set forth herein, and Cora motor ban represexped that it is qualified to provi4o Trash and Debris Capture Devices to the County as further set forthhomin{ and, WHEREAS, Contractor agrees to provide Trash and Debris Caphme Devices to the County am farther set forth in the Scope of Work, attached bemfo as Attachment A and locorpormad herein; and, WHEREAS, County agrees to pay Contractor the fees as further set forth in Conaaclar a Pricing, attached hereto as Attachment B and incorporated herein; NOW THMWOSE, the Parties mutually agree ae follows: ARTICLES 1, Scope of Contract: This Contract Including attaclmtent(a), specifies the cwourn al terms and conditions by which the Contractor will provide Trash end Debris Capture Devices, on an '-as needed" basis under a usage Controot, as set forth in the Scope of Work identified as Atractnnent A to this Contract. I Terns: The term of rills Contract shall be e6hctivo March t0, 2015 uad shalt continue for five (5) years from that date, velars otherwise terminated as provided hereto, I Condngancy of Funds: Contractor acknowledges that flmding or Puritans of funding for this Contract may be contingent upon state budget approval; receipt of (ands from, aa&m obligation of trade by, the state of Calitbrnia to County; and inclusion of sufficient funding for the sorvices hereunder in the budget approved by County's Board of Supervisors far each fiscal year covered by this Contrmct If such approval, funding or appropriations are not fortbooming, or arc otbinvose limited, County may immediately terminate or modify this Contract without penalty. 4. Conflict of lateral: The Contractor shall exercise roasonalsto care and Mignon to prevent any actions or conditions that could rank in a conflict with the beck Interests of the County. This obligation shall apply to the Contractor; the Contractor's employees, agents, and relatives; sub -fier Consultants; and third parties associated with accomplishing work and servioes hereunder, The Contractor's etforts shall include, but not be limited to establishing precautions to prevent its Maly page 1 of10 Connry ofOrosife, OCPtdilk Works M9 48045011198 UfthedStorm Wohg Inc, aMploYWA or agents from making, receiving, providing or offering gifts, entertainment, payments, loans or other considerations which could be doomed to appear to influence individuals to act contrary to the best interests of the County. S. Child Support Rnforeement Requirements: Contractor is required to comply wish the child support onforcement requirements of the County. Failure of the Commoner to comply with all fataml, state, and Iocal. reporting requirements far child support emplacement or to comply with all lawfully served Wage and Earnings Assignment Orders and Nations of Assignment shall constitute a material breach of the Comillot. Failure to can such breach. within 60 calendar days of notice from the County shall mantimx grounds Per termination of the Contract 6, Publication: No copies of sketches, schctules, written documents, cumputer based date, photographs, maps or gmpbs, including graphic art work, rasukmg from performance or prepared in connection with this Contract, are to be released by Caniraotot and/or anyone acting under the supervision of Contractor to any person, parhrurship, company, corporation, or agency, without prior written approval by the County and District, except ae necessary for the performance of the services of this Contract. All press contacts, Including graphic display intbmration to be published in nowspapars, magazines, etc., am to be administered only after C.oumy approval. 7. Newe(fntormaUan Rolease. The Contractor agrees that it will not issue any vows tele isca or make my contact with the media in connection with either the award of this Contract or any subsequent amendment of, or effort under this Contract. Contractors mast first obtain review and approval of said news Malta contact from the County through the County's Pmjeot Manager. Any requests for interviews or information received by the media should be referred directly to the County. Contractors am not authorized to serve as a media spokespersons for County projects without first obtaining permission "in the County Project Manager, $, Oraaeh of Coutrach The faihue of the Contractor to comply with any of the provisions, ccaravans a conditions of this Contract, shall constitute a motorist breach of this ContMot In such evord the County rosy, and in addition to any other mmedlcs available at law, in equity, or otherwise specified in this Contract. a. Afford the Contractor written notice of the breach and ten calendar days or such shorter time that may be specified in this Contract within which to cum the breach; b. Dhoontirma payment to the Contractor for and during the period In which the Contractor Is to breach and offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above. c. Terminate the Contract immediately without penalty. 9. Contract Disputes; The Parkes shall deal in good faith and attempt to resolve potential disputes informally, If the dispute concerning a question of fact arising under the terms of this Contract is act disposed of in a reasonable period of time by the Contractor's Supervisor and the County's protest manager w specific! In Artiole 12, "]Notices" by way of the following process, such matter shaii be brought to the attention of the County DPA by way of the following process; a. The Contractor shall submit to the County DPA a written darnond for a final decision regarding the disposition of any dispute between the Parties arising under, related o, in involving this Contract, mtleas the County, an its own initiative, has already rendered such a final decision. P08019 Page 2 gffo Cowgv of Orange, OCPablie Works MA- 980 - 15017198 VAIW &Oran ;Pater, Inc b. The Contractor's written demand shalt be tally supported by Actual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official Indicating that the demand is made in good faith, that the supporting data am accurate and complete, and that the amount requested Wrumtely reflects the Contract adjustment for which the Contractor believes the County is liable. c- Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of gaeds and/or provision of services. The Contractor's failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to rander a decision within 90 days after receipt of the Contractor's demand, it shall be deemed a final decision adverse to the Conimetor's contentions. The County's final decision shall be conclusive and binding regarding the dispute unless the Contractor commonness action in a noun of competentjurisdiadan to contest such decision within 90 days following the date of the County's final decision or one year following the second of the cause of action, whichever is later. 10. Orderly Termination: Upon termination or other expiration of this Common, each party shall promptly return to the other Party all papers, materials, and other properties of the other held by each for purposes of execution of the Contract. In addition, each Party will assist the other party in orderly termination of this Contract and the transfar of all assets, tangible and intangible, as may be necessary for the orderly, non - disruptive business continuation of each Patty. 11. Error& and Omissions: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by tine pmfeeaioai(s) identified by Contractor as Project Manager and Contractor personnel attached hereto, prior to submission to the County. Contractor agrees that County review is discretionary and Contractor shall not assume that the County will discover cones and/or amissioa. If the County discovers any errors or Omissions prior to approving Contractor's reports, files and other written documents, the reports, flex or documents will be returned to Contractor for connection, Should the County or others discover errors or omissions in the reports, files or other written documents submitted by Contractor after County approval thereof, County approval of Contractor's reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor, and the reports, files or docraingds will be returned to Contractor for correction. 12. Notices; Any and all maces, requesta demands and other communications contemplated, called for, pwemtted, or required M be given hereunder shaft be in writing, except through the course of the parties' project managers' routine exchange of information and cooperation during the teems of the work and services. Any written communications shall be deemed to have been duty given upon actual in -pcmon delivery, if delivery is by direct hand, Or upon delivery on the actual day of receipt or no greater than four calendar days after being railed by US certified or registered mail, ream receipt requested, postage prepaid, whichever occurs First. Do date of mailing shall count us the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. County: OC Pubic Works/OC Engineering Attu: Charles Busslinger P08019 Paga 3 Of:0 Cdurw ajOraaaq OC Pubile wdrkn M.4 >dRd iSdiiY98 Onited swrm water, Ina 2301 N.Olassall St, Orange, CA 92865 Phone: 714- 955 -0614 Email: chades .bnsslinger{c]oepw.ocgov,com cc' OC Public Worka/Procuroment Services Alm: Eddie Porklns,County DPA 300 N. Flower Street, suite 838 Santa Ana, CA 92703 Phone:. 714.667 -9635 Email: eddle.pedcias@ocpwocgov.com Canlmiwro United storm Water, Inc, Arm Lydia Percy 14000 E. Valley 91vd. City of Industry, CA 91746 Phoner 626. 8890.7078 Email: lydia@mdtedstormwater.cont 13. Governing Law and vennet This Contract has been negotiated and executed in the Suite of California and shall be governed by and construed under the laws of the State of California, In the event of any legal action to enforce or Interpret this Contact, die sale and exclusive venue shall be a court of competentjurisd(etion located in Oraugo County, Cailforrda, and rho Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. Fut7hemmra, the Parties spocifrcally agree to waive nay and all rights to roqucm that an action be transferred for utal to nothorCbunty. 14. Entire Contract: This Cunt=4 Including attachments which are attached hereto and incorporated herein by dais reference, when accepted by the Contractor either in writing or by the shipment of any article or other commenoement of performance hereunder, contains the term Contract between the Parties with respect to the matters Ivacin and there am no matriedow, promises, warranties or undertakings other than those act forth herein or mPned to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions ar supplementat Contracts by any County employee or agent, Including but not limited w installers of software, shall not be valid or binding on County unless accepted in writing County's purchasing Agent or his designeo. 15. Amendments: No alteration or variation of the terms of this Contrast shall be valid unless made in writing and signed by the Parties; no Drat understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exeeptiona, altamadvas, substitutes or revisions we valid m binding on County unless authorized by County in writing. 16. Taxes: Unless otherwise provided heroin or by taw, Oct quoted does not include California state "Ica or use trot. 17. Delivery: Time of delivery of goods or services is of the "state in this Contract County scaniNi , the right to refuse any goods or services and to cancel all or any part of the goods not containing to applicable specifications. drawings, samples m description, or services that do net conform to the proscribed Seope of Work. Acceptance of any part of the order for goods shall not bind County to accapt thrum shipments, nor deprive it of the right to return goods already accepted, at Connector's expense. Overshipments and undeuahipments of goods shall be only as agreed to in writing by P08019 Page 46J20 10 County of Orange, 0CPidi!c Works nta.asoasthrrroa rig It'd &arm 3Yaleq true County. Delivery shall not be deemed to be complete until all goats, w services, have actually been received and accepted in writing by County. 18, Axeptattee/Payment: finless otherwise agreed to in writing by County, 1) acceptance shell not be deemed complain unless in writing and until all the goods/servioat have actually been received, inspected, and traded to the satisfootlon of County, ad 2) payment shall be made in sneers, 19, Warranty; Coutrmctor expressly warrants that the goods/savices covered by this Contractote 1) free of liens or enewnhrancas, 2) merchantable and good for the ordinary purposes for which they art used, and 3) fit for the particular purpose fir which they are intended. Acceptance of this order shall acetone an agreement upon Connetor's part to .indemnify, defend and hold County and its cultural ties no identified in Article 1148" below, and as mom fully desadbod be Ardela "46", hamtass firm liability, togs, damage and expanse, including reasonable cement fees, famed or sustained by County by reason of the Mine of the goods/servines to wnfcrm to such warrwfh,, faulty work ptrfermatrea, negligent or unlawful acts, and 0011.0omplianee with any applicable start or lateral 00406, Ordinance$, orders, or statutes, including the Ocoupatianal Safety and Health Act (OSHA) and the California Industrial Safety Act Such mutation shall be in addition to any other remedies provided by law. 20. Patent/Copyright Materials/Proprietary infringement: Unless otherwise "exactly provided to this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials In the performance of this Contract. Connector warrants that any aoftware as modified thmugrt services provided hereunder will not brildege, open or violate anypnioa i, proprietary, right, or We secret right of any third party. Contractor agrees that, in accordance with the more specific ra pdrinnont contained in Article "46" Wow, it shall indemnify, defend and hold County and County Indemnities harmless Fran any and all such claims and be responsible fbr payment of all costs, damages, penaltes and expenses related to or arising Iron such claim($), including, but not limited to, errancy Is fees, costs and expenses. 2L Assignment or Sub0ontraetng: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, su0nassars, executors, administrators and asaigna of the parties. bUgMCMM neither tie performance of this Consent nor any portion thereof may be assigned or subcontracted by Contractor without the express written consent of County. Any attempt by Contractor to assign of out- cantraet the performance or any portion thereof of this Contract without the express written consent of Cram ty shall be invalid and shall areadtute a breach ofthis Contract. 22. Nan- Dfsariminadon: In the performance of this Contract; Contractor agrees that if will comply with tea requirements of Section 1733 of the Cnhforma Labor Code and act engage nor permit any subcontractors to engage in discrimination in employment of persons because of the met, religious aced, color, national origw, ono", physical disability, mental disabifity, malnal condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to all the penalties imposed for a violation of And- Disariminstim, Caw or regulation, including but not limited to, Section 1720 ptthri, of the California Labor Co& 23. Termination; In addition to any other remedies or rights it may have by taw and those set forts in this Cuumiet, County has the right to terminate this Contract without penalty immediately with cause or #ilea 30 days' written notice without causo, unless otherwise specified. Cause shall be defined as any branch of Contract, any misrepresentation or frond on the part of the Contractor. Bxemiso by County of its right to terminate the Camorct shall reiievo County of all further obligations. P0SO14 page S of20 I1 Coaa(v aftlranga, PCpalific Wsrke RfA•G80- ASP71198 Unkedsoreet Wafer, sae, 24. Coastal to Branch Not Wslver: No term or prevision. Of this Contract shall be deemed waived and no breach excused, unless such waiver or Cement shall he In wilting and signed by the Patty claimed to have waived or o0nuented. Any consent by any Party to, or waiver of, a breach by the Other, whether express or implied, shall not constitute consent to, waiver of, . or axons, for any Other differentor subsequent breach. 25. Bemarlies Nat Uxelualve: The remedies furbreacb set forth in this Caatract ate cumulativo os to one another and as to any Other provided by law, rather than exclusiva; and the expression of certain remedies in this Contract does not preclude mail by either party to any other remedies providad by law. 26. Independent Contractor Connector shall be considered an independent Contractor and neither the Contractor; its employers, nor anyone working for Coolmotor under this Contract sball be considered an agent of an employes of County. Neither the Contractor, employers nor anyone working for the Cutworms under this Contract shall qualify for workers' compensation Or othotfringa benefits o£any bud through County, 27, Perfinnrancea Contractor shall perform all work under thh Contract, taking necessary steps mud precautions to preform the work to County's satafaaaon, ContracWr shall be responsible far the pmfcas 01ill quality, technical assurance, ttmety completion and cOOrdina ma of all documentadon and other gaadslstrvirsa famished by the Contractor maim, this Contract. Contractor shall perimen all work.. diligently, carefully, and in a good and workman -like manner„ abaft flemish all labor, supervision, machinery, equipment, materials, and supplies necessary therefore; shall at its solo expense obtain and maintain all permits and licenses required by public authorities, Including those of County required in its governmental capacity, in commotion with performance of the work; and, if permitted to subeanaaot, shall be tultyresponsible for all workparfonned by subcontractors, 28. Insurance Provisions: Prior to the provisions Of 40MOOs under this Contract, die Contractor agrees to purchase all required insummic at Contractor's expense and to dopcsit with the County Certificates of Iusumnoc, including all endorsements required heroin, necessary to satisfy the Country that the insurance previsions of this Contract have been compiled with and to keep such insurance coverage and the certificates therefore an deposit with the Calmly during the entire term of this Contract In addition, all subcontractors performing work an behalf of Contractor pursuant to this Contract shall obtain insurance subject to the same teems and conditions as act birth herein for Connector, At self - teamed retentions (SCRs) and deductibles shall be clearly stated on the Ceitltieste of Insurance, if no SIRS or deductibles apply, indicate this on the Certificate of hammoee with a 0 by the appropriate line of eriverege. Any sott innotai proration (SIR) or deductible in an amount to excess of $25,000 ($5,000 for automobile liability), shall specifically be approved by the County Executive Office (CCOYO.fBco ofRiskManagement, If the Contractor flails to maintain insurance acceptable to the County for the full term of this Cuntraal, the County may terminate this Contrast. QOeRBed lasurerr Minimum hnanstra a company ratings as determined by the meat mrrant arms of the Besfi Koy Ratlnn CuldetPCanerty-CasuaitvlUptiog 3mtgs at arnlitriU n stedt be A. (Secure A.IvI, Beat's Rating) and Vlll (Financial Size Category). The policy orpolieies of insurance must he issued by an insurer licensed to do business to the state of California (California Admitted Carrier). If the carrier is a mon•admifted carrier in the state of California and dean not meet or exceed an A.M. Best rating of A -MU, CEWffice of Risk P09019 page 6 af2P 12 County of tlmnga, OCPublic Woks MA- MO- I01I19g United Storer Water, Inc Management raisins the right to oppmv> or reject carrier tiger a review of the company's performance and imarelat ratings. If the non- admitted carrier reaets or remands the minimum A.M. Best rating of A-lVBI, the agency can acorpt the insurance. This policy or policies of insurance maintained by the Contraetor shall provide the minimum limits and coverage as eat tofth below. ,G Mggg HLafissum Limits Commercial Consist Liability $1,000,000 peromcurrcnte $2,000,000 aggregate Automobile Llabduy Including coverage 51,000,000 pm occurrence far owned, non-owned and hired vehicles Workers' Compensation Statutory Employers' Liability insurance, $4000000 per oaumenes Pmfesalonal Liability inanmnce $1,000,000 per claims made nepar otoameaea Rialidyad Coverage Farms The Commercial General Liability coverage shall be written on fnaumnco Services Office (ISO) form CG 00 01, or a substitute from providing liability onverage at least as bread, The Business Auto Liability coverage shat! be written on ISO form CA 00 0I, CA 00 05, CA 0032, CA 00 20, at a substitute form providing coverage at feast as breed. Bggufred, godarlugggg s The Commercial General Liability policy shell contain the following endorsamcnta, which shall accompany the Certificate of mountains: 1) An Additional Insured endorsement wing ISO form CO 2010 or CG 3033 or a lfum at least as broad naming the County of Change, its elected and appointed official& . offiicars, employees, agents as Additional Insuroals. 2) A primary non-contributing endorsement evidencing that the contractor's insurance is primary and any insurance or self-imumrco maintained by the County of Orange shall be =am and man- contributing. All haurnnse policies required by this commot shall waive all rights of subrogation against the County of Orange and members of the Board of Supervisors, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. The Weaken' Compensation policy shall contain a waiver of subrogation endorsement waiving all' rights of subrogation against the County of Orange, and members of the Board of Supervisors, its elected and appointed officials, officers, agents and amployees. P04019 Page 96j'20 13 Coucsy OfOnceis, OCRu66e Warke MA- 080,15011I98 United &oar Weser fns All insurance policies required by this contract shell give the County of orange 30 days notice in the covet of cancellation and 10 days for non-payment of premium, This shall be evidenced by policy provisions or an endorserowit separate from the Certificate of Insurance. If Currencies Professional Liability policy is a acialms made" policy, Contractor shall agree to maintain professional liability coverage for two years following completion of contract. The Commeretai (insured Liability policy shall contain a swerabili y of interest's clause also known as a "sepamton of insureds" clause (standard in the ISO CO 0001 policy). Townsmen certificates should be forwarded to: Century of Orange, OC Public Works Procurement Services 300 N. plower, Suite 838 Santa Ana, CA 42703 If the Contractor fails to provide the Insurance certificates and endorsements within seven days or indirection by OC Public Works Procurement Division, award may be made to the next qualified vendor. County expressly retains the right to require Connector to increase or decrease insurance of any of the above insurance types throughout the term of thin Contract. Any increase or decrease in insurance will be as deemed by County ofOrango Risk Manager as appropriate to adequately protect County. County aball notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable certificates of insurance and endoreamania with County incorporating such changes within thirty days of mocipt of suds notice, this Contract may be in breach without Author notice to Contractor, and County shall be entitled to oil legal remedies. The procuring of such required policy or pulieics of i icamnee shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Comract, nor act in my way to reduce the policy coverage and limits available from the insures. 24. $ills and Liens: Contractor shelf pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Contractor shall not permit my hen in charge, to attach to the work or the promises, but if any does so attach, Coatactor ahell promptly proem its intense and, in accordance with the requirements of Article "46" below, indemntry, defend, and hold County harmless and be responsiblo for payment of all costs, damages, penalhos and expenses related to or arising from or related thereto, 30. Changes: Contractor shall make an changes in the work or perform any additional work witheutthe County's specific written approval. 31. Change of Ownership: Contractor agrees that if there is a change or transfer in ownership of Contractor's business prior to completion of this Contract, the new owners shell be required under terms of safe or other transfer at assume Contractor's duties and obligations eootained in Otis Contract and complete them to the satisfaction of County.. 32. Par" Majeura: Contractor shall act be assessed with liquidated damages or unsatisfactory, performance lemadics during any delay beyond the time named for the performance of this Contract P08019 Pgge 8 af2o 14 Canna, Of0tange OCPalflc Works M.4. 080=15911198 United $1 en, Water, big caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to County within 36 boors of thoshot of the delay and Contractor avells himself of any available remedies. 33. Confidentiality: Contractor agrees m maintain the confidentiality of all County and County and County- related rereads and admonition pursuant to all statutory laws minting to privacy and confidentiality that evneally exist or War at any time during the tamx of this Contract. All such mcmds and information shall be considered confidential and kept confidential by Contractor and Contractor's stag agents and =ploy=. 34. Compliance with Laws: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Common is experts, with all standards, laws, minimum restrictions, ordinances, requirements, and regulations (collectively "lave), including, but Alai limited to those Issued by County In hs governmental capacity and ail other laws applicable to the services at the time cervices me provided in and accepted by County. Contractor acknowledges that County is relying on Contractor to town such compliance, end pursuant to the requirements of Article "46" below, Contractor agrees that it shall defead, indornnify and hold Comay and County Tndomsitees harmless from all liability, damages, costs and expenses arising from or related to a violation ofsuch laws. 35. Freight £F.O.B. Destination): Contractot assumes Nil responsibility for all mehini tatitm, manmormttur sobedrding, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract 36. Pricing: The Contract price, as mom fully act fart€e in Attaehate ill, shall include full aompansarion for providing all required goods in accordance with required apeeffireudme, or services as specified herein or whoa applicable, in the Co urecmrs Pricing amaohed to this Contract, end no additional compensation will be allowed therefore, unless otherwise provided for In this Contract, 37. Waiver of Any Trial: Each Party acknowledges that it is awera of and tae had the opportunity to seek advise of counsel of its Choice with respect to its rights to trial by jury, and each Party, for Itself and its successors, creditors, and assigns, data hereby expresaly and knowingly waive and mlcasc all such rights to trial by jury in any action, proceeding or counterclaim brought by my Party hereto against the other (anther against its officers, directors, employees, agents, or submdiary or affiliated entities) on or with regard m any matters whatsoever arising out of or in any way nominated with this Commot and for any other claim ofinjury or damage. 39. Terms and Conditions: Contractor admovelodges that It bas read and agrees m all terms and conditions included in this Contract 34. Headings: The various headings and numbers herein, the grouping ofprovishma of this Conbact into separate classes and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof, 46. Severobility: If any tnrm, covenant, condition or provision of this Contact Is held by a court of competent jurisdiction to be invalid, void or unwiftemable, the remainder of the provisions hereof shall remain in full fotee, and effect and shall in no way be affected, impaired or invalidated thereby. 41. Calendar Days: Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. 42. Attorneys Pon: In any action or proceeding to enforce or interpret any provision of this Contract, or P08d19 Page 90 /ad 15 County ofOrungc, OC Public Wmke AlR d90- I5dYlYpg Onlredstorm Weise too. where any provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees, costs and expenses, 43. Interpretation: This Contract has been negotiated at arm's ImA and between persons sophisticated and knowledgeable, in the matters dealt with in this ComraeG In addition, each Party has been represented by experienced and knowledgeable independent legal counsel of their own choosing, or Ins knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Patty further ackoowladges that they have not been influenced to say extent whatsoever in "muting this Commit by any other Party hereto or by any person rapreamdng them, a both. Accordingly, any .rule of law (Including California Civil Code Section {654) or legal decision that would require Interpretation of any ambiguities in this Contract against the Patty that has drafted it is not applicable and is waive!, The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the Parties and this Contract. 44. Authority: The Parties to this Contract represent and warrant that this Contract has been dis(y authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. 45. Employee Eligibility Verification: The Contractor wa cram; that it fblly complecs with all Federal and State statutes and regulations regarding the creptoymeat of aliens and others and that all its employees performing work under this Contract meet the cidzmahip or alien status mquimment set forth in Federal statues and regulations. The Contractor shall obtain, there all employes performing work hereunder, all verification and other documentation of employment eligibility states required by Federal or Stare stamtea and regulators including, but net handrail to, the Immigration Reform and Control Act of 1986, 8 U.S.C. $1324 at seq., as they currently exist and as they may be homelier amended. The Contractor shall retain all such documentarian for all covered employees Inc the period prescribed by the law. The Contractor shall Indetonifv, defend with counsel approved in willing by County, and hold haopiass, the County, its agents, offtews, and employees from employer sanctions and any other liability which may be assessed against the Contrae6nr or the County or both In connection with any alleged violation of any Federal a State statutes or regulations pertaining to the eiigibihty for employment of airy persons perfurming workuader this Contract 46, fndemnifleadom Contractor aloma to indemnify, dafand with cormcl approved In wilting by County, and hold County, Its elected and appointed officials, officers, employees, abets and those special districts and agencies which County's Board of Supervisors acts as the governing Board ("County Tndemnitma I harmless from any claims, demands or liability of any kind or nature; Including but not limited to personal igjury or property damage, arising from or related to the sciv, ees, products or other performance provided by Cor mentor pursuant to this Contract. Ifjudgment is entered against Connector and County by a court Of competent jurisdiction because of the conenm nt active, negligence of County or County Indemnftees, Contractor and County agree that Nabflity will be apportimad as detarminad by the comt. Neither party shall request a jury apportionment 47. Usage: No guarantee is given by the County to the Contractor regarding usage of this Contract, Usage figures, if provided, am approximate, based upon the last usage. The Contractor agrees to supply services and /or commodities roupmosted, as needed by the County, at prom listed in the Contract, regardless of quantity requested, Orders may be placed against this contract at the convenience of the using agemytdepartm int 48. Auddellosp actions: Contractor agrees to permit the County's Auditor,Controller or the Auditor - Controller's authorized representative (including auditors from a private auditing firm hired by the P08019 Page 10 of" 16 Courr(paforanga, OCpublic Work( MA- 08045071198 UnBed Starve Wakr Ina County) access during normal working boors to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payublelmeeivable records, mad other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the petfsumanco of the Contract including, but not limited to, the costs of administering the Connect. The County will provide reasonable notice of such an audit or inspection. The County reserves the light to audit and verify the Contractor's records before final payment is made. Contmomt agrees to maintain such records for possible audit for a minimum of three years otter final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have inibrmathm related to such records. Further, contraamr agrees to include a similar right to the County to audit records and interview staff of any subcontractor related to performance crude Contact, Should the Contractor cease to "lot as a legal entity, the contractor's records pertaining to this agreement shalt be forwarded to the surviving entity in a merger or acquisition or, in the event of liquidation, to the County's Project Manager. 49. Prevailing Wage (Labor Cade 1773): Pursuant to thepravisions of Section 1773 of the tabor Cade of die state of California, the Contractor shall comply with the general prevailing wage rates of per diem wages and the general prevailing rates fir holiday and overtime wages in this locality for each craft, classification, or type of worker needed to execute this contract. The rates me available from the Director of the Department of Industrial ltalations at the following webuiie: Attn1 /www &rca,pgvldlsr/D WaeeOeSennfnetinn htm The Contractor shalt post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rams. The Contractor sluff comply with the provisions of Sections 1775 and 1513 of the Labor CDde. do. Cooperative Agreement: The provisions and pricing of this Contract will be extended to other California local oramto governmental (entries. Governmental entities wishing to use this Contract will be responsible for issuing their own purchase douumenWprice agreements, providing for their awn acceptance, and making any subsequent payments. Contractor shall be required to include in any contract entered two with another agency or entity that is entered Into as an extension of this Contract a warrant clause that will hold harmless the County of Orange from all claims, demands, actions or causes ofactions of every kind resulting directly or indirectly, arising outof, or in any way connected with the use of this Contract. Failure to do an will be considered a material branch of titis Contract and grounds for immediate Contact termination. The cooperative eatides am respeasible for obtaining all certificates of insurance and bonds required. The Contractor is responsible for providing each cooperative entity a copy of the Coamaot upon request by the co(potative entity. The Counry of Orange snakes no guarantee of usage by other users of this Contract. The Contractor shall be required to maintain a list of the cooperative entities using this Contract. The list shall report dollar volumes $peat annually and shall be provided on an annual basis to the County, at the County's request. P08010 1`986 11 aflo 17 Cowry of Orange, OCPubffe Works UnwSturm WnfeA Ina At"90. 13011198 IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date first above wriuen. UNITED STORM WATER, INC.* a staleof California �/corporation Br ire By Print Print Name L°euaMo Pemdn Nams Robert Pina Title President Title 1NomkWX,rgww Corporate officer Date 2) 12.1 %" Corporate Officer COUNTY OF ORANGE a political subdivision of the State ofCalifornfa I By Name '(,. (td { ,9y'V0 05 Title Purchusin A ent Date /) * If the contracting party is a corporation, (2) two signatures are required: one (1) signature bythc Chairman of the Board, the President or my Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Finsnciel Officerorany Assistant Treasurer. The signature of one parson alone is sufficient to bind a corporation, as long as he or she holds corporate offioea in each of the tyro categories described above, for County purposes, proof of such dual office holding will be sadafied by having the individual sign the hatmunent twice, each time indicating his or her offrco that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate msoludon demonstrating the legal authority of the signator to bind the corporation. P08019 Page 12nj20 18 Camnyof0,4141, OCPabflo Wart MA- OBOJSOII198 Unitrd Storm Ware , tine ATTACHMENT A SCOPE OF WORK BACKGROUND The Orange County Transportation Authorhy's (OCTA) Environmental Cleanup Program (BCP) provides a two percent allocation of annual gross Measure M2 (M2) revenues to improve overall water quality in Change County from transportation- related pollution. The ECP competitive ftutde can he used to Implement water quality improvement prejacts addressing pollutants mtgtnating fmrn or conveyed through transportation systems. These funds will assist Orange County oities and the County of Orange in meeting federal Clown Water Act standards for urban mwfr through the purchase and installation of recognized structural best menagemeat practices (BMPs). Third parties such as public water and wastewater agencies, environmental advocacy organizations, and homeowners expectations may also nominate projects through a municlpality that is wilting and able to take responsibility for carrying out and maintaining the project. Tits ECP's Tier 1 Grant Program funds the purchase end Installation of small to medium seat, BMPs that capture and/or treat pollutants. Water quality projects, regardless of the type of technology implemented, are eligible for Tier I funding provided they have a verifiable benefit to water quality and fall within the maximum per project programming cap, The Tier I Grant Program is designed to supplement, not supplant existing transportation related water quality programs. Funds will be awarded to the most cost. effective projects that improve water quality. The complete Tier I funding guidelines can be viewed online at htlo! /wmv errs n,e�yme M1H 'ro tei/Watarv(hratity /t)rervi 1, A total of up to $19.5 million is available for the Tier 1 program over a seven -you window of fiscal year 2011 -12 through fiscal year 2017 -18 with approximately $2,9 million available for each call, These calls for projects have been held to date for Tier 1, OCTA will reassess the cad fbr projects cycle and funds available following the completion of fiscal year 2017.18. If. DESCRIPTION OF PROJECT In concert with the M2 Grant Program, this Scope of Work is designed to assemble a panel of Contractors to achieve economics of scale on a list of fired unit prices for fhe purchase and installation of equipment and devices designed to remove litter, debris, and other water quality pollutants, herein referred to as "Stormwater Treatment Devices." Selected Contractors will be part of a Master Agreement between the County of Orange and OCTA that will allow municipalities to select from a listing of Contractors to provide, supply, fabricate, construek deliver, and install Smrmwater Treatment Devices, Agencies wishing to use the Master Agreement may purchase BMPs with M2 grant monies or any other drnding source. Accordingly, the goat of this RFP Is to establish a Master Agreement that achieves strategic savings that would benefit the County and OCTA to set as the purchasing and contract administmmrs for M2 grant - eligible entitles. Proposals that do nor provide a discounted price that afar economics ofscale that are more than standard bulk prieinglinstalladon Usdng will not be considered, Proposals will not be accepted solely for equipment purchases or Installations. Awarded ECP entities are not obligated to utilize the selected Contractors. Rather, this process is Intended to provide a mechanism for reduced rates for equipment and its installation fm Orange County municipalities, Including rhos, Implementing projects with M2 funding, In addition, if a local agency is a party to this Master Agreement, a separate agreement, city council resolution, or other protocol may be necessary with the selected Contrutor(a). The eligible qualifications are discussed below. P00019 Page 13 of20 19 Canary #Orwtgc, OC Public Works M4.004501108 Unired,iMrm Water 104 himb selected Contractor will be under contract with the County of Orange's QC Public Works Department and OCTA, but will take primary direction from local agency. Conowlnr's will directly invoice and bepaid by tho loerd agouoy. W. ELICIBISrry QUALIDICATIOM Stormwater Treatment Davlees must be capable of handling flaws from a design storm of ol- his bmilsour. The hydrologic method to be used to coloulaw the flow associated with LM and water quality design storm flow ia: FnVjw =C x 7 x A Where Purace = Vow capacity (cubic fmat/scc); C m moift' coefficient (ranges from it to 1); t m Q,2 inches/hour and A =tributary area (arras). Treatment devices should also be able to operate in a hydruulio sumbarge condition (defined as a condition that exceeds the design discharge) without releasing stored pollutants to the receiving water, Stormwater Treatment Devices which meet this definition and would ba eligible forconsidemtion am: A. Hydrodynamle Sepnration and Gross Solids Removal Devices Hydrodynamic separators am flow- thmugh situations with a settling or separation unit to tamove sediments and other pollutants and arc widely used in swcoA afar homirm d, No outside power Bourse is required, because the energy of the flawing water allows the sediments to efficiently sapamta. Dependhtg on the type of unit, this separation may be by means of centrifugal form or Indirect filtration. - Gross Solids R=WNnl Devices (either linear turret or inclined swoon) we structural best management premium designed to remove trash, vagmwtive metals[, and other partial" of relatively large, gross size from smrsnwater nmelf. & Catch Basin Inserts Catch basin htseris are designed to remove oil and groasa, #ash, debris, and sediment and impmvo the efficiency of catch basins. Some inserts aye designed to drop directly into existing catch basins, while others may require retrofit conshuction. Several varieties of catch basin inserts exist for filtering mooff. C. Antomarde Retraemble, Screens Automatic retractable careens are mounted inside a storm drum inlet and are designed to remain closed to capture debris during the dry season. During storm events, the screens retract, allowing heavy flows to enter the storm drain. D. Cartridge Filter -type Control Devices Cartridge fillo -type controls typically consist of a sari" of vertical filters contained in a vault or catch basin that provide treatment through filtration and sedimentation, P4ON Page 14 ej20 CaanlP 010mn84 OCMUO Warke MA- 080- ISdfl198 unioul 4orm Waam fns E. Biological Treatment Devices Illumination devices include raingardens, swales, and filter strips; all use plants and substrate to dondat and filter stoNnwatar to reduce excessive wooff from reside and paved surfaces, and provide opportunities for enhancing normal landscape and biodiveralty elements in the urban environment. F. ]n-Bne Trash and Debris Capture Devices (Trash Booms and Trash Nets) Trash booms and nets art designed to assist in the control, containment and recovery of floating trash, debris, timber, urban waste or aquatic plants. Typically built ss floating structures, these devices am designed to coutmi pollution along the surface of the water. 1V. REQUIREMENTS • The devices shall be ready for shipment, delivery and/or installation within two months of receipt oforders. • Warranty on parts and labor shall be fora minimum of to years. V. EQUIPMENT DESIGN AND SPECIFICATIONS REPORT All proposals &hall include information pertaining to the proposed stormwater treatment device, including, but not limited to: product desteriptlon, design, engineering, siting, operation, and maintenance. The following information should be summarized in an Equipment Design and Specification Report (Report) for each proposed device in the given order as listed below. A submittal that dam we address all arpects of the following evaluation criteria and/or cannot be readily located within the Report well be deemed Incomplete. Pkmepnvideaberisforallenimamdvalues. A. Deacription/Design/Eaginearing Describe how the equipment meets the intent of the OCTA Tior I Environmental Cleanup Program. A detailed description of the equipment and design elements, inclusive of sizing and geometry (include diagrams or CAD files). Materials used to construct the equipment (Loo, stainless steel, grado, plastic, • Flow or range of flows for which equipment is rated (in cubic feet per second). Estimated design lift of the equipment. D. Performance Effectiveness Performance c1lectiveness in reducing trash, litter, debris and other transportation related pollutants (percent reduction) and associated tmnspoNation masted water quality impacts (Include Independent analyses if any). Trash capture (meeting the definition of "full capture system') and storage capacity of the equipment (if applicable), P08019 Page 1s ofzo 21 Count, of Orange, OcPaWle Work MA- 08049011193 United Smr n Wang, lie. Overflow or bypass flow capacity of the equipment when full of trash and overflowing (x. , storage capacity of the equipment whin the one-year, one hour storm is an longer fully f bustd) (if applicable). - Maximum overflow or bypass flow capacity of the device (La., 19 -year storm event) (if applicable). - Device performance effectiveness in terms of pounds of trash removed per total project cast (see Section V„ F.) C. Siting, Operation, stud "alntavance Description of Contractor's installation proem laeluding consultation mad review of device locations with municipal staff, traffic control during installation, and estimated time required to install each device. Description of the site.spe&flc manswemanta and other information a municipality must provide the Contractor for determining fin appropriate sits and conflgumtion of the device for that location (i.e. Aiigible entities will need to determine how to select the right device for their desired location). A discussion of any regulatory permits that may be required for installation. Maintenance regolrements (describe in detail how the device must be maintained and the approximate amount of 4me required for closeted or maintenance, In addition, discuss whether the device has design capabilities for easy numeral for cleaning or maLttenaoca }. Bsdmated life cycle costs for maintenance, Durability against extemal factors, such as street sweeping, car parking, etc, Availability of replacement parts and life expecmney. Warm arty coverage and duration. Acedrefies and aatN.y, -- Any key factors thatmakes the device unique among otherpreducts. D. Contractor's Installation Background - Ability of Contractor to have staff and/or subcontractors) to manufacture device and provide butaltadon to eligible entities within Orange County, F.xporience, background, training, and number of staff and/or subconhactor(s) who will fabricate and/or install device. E. Operating Locations, References, and Certiffeations - A minhnum of three locations, inclusive of address or nearest intersection, and photos of device in operation within southern California, preferably Orange County. Certifications obtained *am public agencies and /or Rcgloaal Water Quality Control Boards. P03019 Page 16 af10 22 Cannty ofor"Sei OCPnbac Warks MA- 98 &Y501YY98 Unkad6mrm Waten Ina VL PROJECT MANAGEMENT, COOROINATtON,.MI ADMIMSTRATION A kick -off meeting with selected Contracton and the County and OCTA shall to boW to discuss the contractual terms of the Master Agreement. This will establish managemont, toordmatlow and administration protocols, and address other issues, as nocavaary, to ensure that the wmmme di (arms arc mot. The Contractor's Project Manager shall communicate and wordmate to a timely (manor all work and progress with the County's Purchasing and Contract Services Manager and OCTA's ECP Manager A monthly progress "Pont detailing the stormwater treatment device pumbssos and lustallatim per local agency shall be prepared by the Contractor's Project Manager and submittal to the County's Purchasing and Contract Services Manager and OCTA's ECP Manager. Progress reports shall Include the ongoing status of work, significant accompliabmeats, problems enceurenned and anticipated with potential sciences, and work planned for the next month (by task and rasponaible Parson). To addition, the Contractor will be responsible for developing a Tier I Program spreadsheet to capture information from awarded ECP entitles. The database will contain the following; Name of Entity Conlact Name Contact Phone Number -: Contact &mail Address Dam of lanailmlon Device inventory another, note, and type Size/capacity of device Location of installations - Best estimate ofcatchavent area Anticipated number of installations within the neat month The monthly progress report shalt be received no rater than the tenth (10th) calendar day of the month. POW19 page 17of2P 23 Caun(vafOrangq OCPublic Warts MA- 1780 - 15011198 Oxbed,yro m Water, /do A2TACRMENTB CONT9ACfOR'S PR4CMG 5. COMPENSATION: This is a "Saga Contract between the County and Contractor tar Tmsh mid Debris Capture Devices, as sot forth in Attachment A, "Scope of Work". The Contractor agrees to eecapt the specified compensation as set forth in this Contract as fall remuneration for performing all services Red famishing all staffing, labor, insurance requirements and taxes required, for any reasonably unforeseen diflicuitias which may arise or be encounters{ in the execution of the services until acceptance, for risks eonnacted with the services, end for performance by the Contractor of all its duties and obligations hereunder. The Contractor shall only be compensated as act forth herein below for work performed in accordance with tiro Scope of Work. The County shall have AD obligation to pay Spy Once in excess of the fixed prices specified herein unless authorized by amendment In a eordaace with Articles VP and "30" of the Courdy Contract 'derma and Conditions. $7. PRICING: Payment shall be made in accordance with the provisions of this Contract, Payment shall be as follows: ;twiixmyas� DCITA T'I06�. I gplM 'r1aCAeea IIeY.. 1a,KCea1 'Mraw, MLLVN imses- Option iv ARS Only Wro -Gatti ARS 1 24 .60' 3• -14" 54922 $224.54 143.30 2 stillit $452.06 Vdngl9a a ARS 1 6i' -10' 3' -14• W.42 $613.88 1 .60 7.80 K.0 194TAD WInpGate ARS 1 IO.i' -16' T -14' S67,811 $281.00 $1,499,sil Sitill $1,49lisit Wag�Gato ARS 1„ 16.P -21' 3• -14' SMA2 $1442.00 1220 -11,83712 $00 $183752 7NInl;-Gate ARS I 7 21.1' -28' 3• -14" $122.051 $1,700.40 1IL220 2 .85 $0.611 344,65 "no-Gota ARS 1 28.1' -35 T -14' $16213 $2018.W $442.61 $2823.84 .00 2823.54 Opdon2: CPS Onl Connenkr Pips Sawn 1 28' .-.-. 10• 17A4 14515. 20$.12 jM3i $16.00 38331 ConnecWr Pipe Screw 7 28.1' -42" 18.1' -36" -U7.-4 14516 PKA2 tM8.31 - $16.00 5383.31 Connector Pips Sawn 1 42.1 " -60" 1 36.1'•67 1 $17.44 $245.76 1 $205.12 MAI 16-00 131 Option 3: ARS R CPS ARS A, CPS 1 24 " -60' 70.29 $348.42 785.37 516.00 800.37 ARSBCPS 1 61' -10' $759M 22.62 1425.91 15.00 1440.91 AR3&CPS i 10.1' -16' 1 9955 93.02 1927.89 18.00 $193660 ARSBCPS 1 18'.1' -21' A$17OS7 $1687,75 17,32 393M 15,00 408.63 ARS$CPS 1 21.1' -28' $f .76 11.32 B 1500 2709.96 1 28.1' -35' 164.85 Ima .12 034.24 1_42,9i99 24 P08019 Pages 18 of20 24 Como ifOmagq OCPUbfie W"ks AfA- 06045077798 17a71ad3rorw Waran Inc. Option 4t FiBerlrroad Out DralnPac, Curb Idol 1 20•42' 12" 111.90 $297.46 $94,15 $40903 $16,00 24.63 pralnpao,Curb IN61 1 4'•6- smon sous s4sull 16,00 sgja DreWK WO Mfat 1 81"• 10 12• $17.90 $797.64 $163.17 $9V.01 Itag $W(d Omiapac, Curb Mlet _, 1 10.P -18' 12" 17.90 946.20 289.04 $1253.14 $15.W $1268 14 pmmPec, curb [a t 1 18.4' -21' IT $17.,90 $1012.70 904 1419. 15.Oo $1494.64 Drainpso, Curb INet 1 2111•28' 9B° 317.90 1288.12 $492.14 $1 18 16.00 $1, 1.16 D adn"K Curb Inlet t 26.1' -96' 12" SIIA $IA21,12 $6864 242686 $15.00 2440.88 DmtnF'ae, Drop Iola 1 12 1x12° IT $1740 $164.12 $92.76 W4.77 1.40 $289.77 UminPaq prop Indat 1 IvXIS, 12' $1790 14.12 $92.76 S324.77 lifil,00 gyn Om"Po" Omp INet 1 24"X24* 12' $17,90 74.10 $92.75 384,76 516.00 $399.76 pminPac, prop Inlet 1 Wx381 1T 17.90 .44 .76 51,09 $16.00 5486.09 17rimpac, Dmp Inlet i 48'x-08' 12' $17.90 5837.19 92.76 647.84 $15.00 $862.84 TMN aMCe Coet- AUixeptlwu: . flebe elms Mutle pnadpg mye. • RANG SAM Waste OW sw MA&1, bhse 8114 BGUorient MM9EbfaA9BWM1 =Id, Weilho,B hadeten rite"4W dWm, •now dwrbodbchdeBeewet for on fioemleh bids deuk,er6d uncepUtobebhin, •R lesihmmdomiWWI *PehenedndiWWenikdn&e eakh Pike. •nebe SW Odomt NrkXW the Ml hrw ierbsans aaa btstefieta neldFthreut dCowl: •fie Eekmele lOpukktre& M>hbnaaa Cmr elms Is for reYrum stymd 61" Ca dMiN 9Te Iniblad dedmt -The Rohl Ukl tad Oo Uto m 6 A m bene onhnd dmkk liewPel Witieldeelmo dPSe be 7-*NW OMredom& WIPenafle Cosr. W. Tam [xcmincs7DircR i s: No price increases will be permitted during the first period of the Contract. All price decreases will automatically be extended to the County. The County requires bona fide proof of cost increases on Contracts prior to any price adjustment, A minimum of One- hundred eighty (180) days advance notice in writing is required to secure such adjustment. No retroactive price adjustments will be considered. The County may onforce, Oust, negotiate, or concert escalating price Contracts or take any other action it deans appropriate, es him fiat. 'Monet dollar amount of profit will remain firm during the period of the Contract. Adjustments increasing the Contractor's profit will nut be allowed. TV. FIRM DISCOUNT AND I'MCINO g'rRUCTURg: Contractor guarantees that prices quoted am equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or To= scope. Contractor agrees that no price increases shall be passed along to the County during the term of this Contract not otherwise specified and provided for within this Contract. V. CONTRACTOR'S LEP@N96: The Contractor will be responsible for all oats related to photo copying, telephone communloations and fan communications while on County sites during the performance of work and aervices under this Contract. PM019 Pgge 190f20 25 Connor ojoratwo, Wpublle Works M.t480.18811198 erstted Storin Water, Inc VT. PAVH9NT Taxnm: invoices am to be submitted in arrears, after services have been a,opictod, to the address specified below. Payment will be not 30 days attar receipt of all invoice in a format acceptable to the County of Orenga. Invoices shall be verified and approved by the Comity and subject to routine processing requirements, The responsibility for providing an acceptable invoice to the County for payment rests with the Contractor. Incomplete or incorrect invoices ate not acceptable and will be rearmed to the Contractorfor correction, Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse the County of Osage for any mordes paid to the Contractor ftrc goods or services or provided w when it Or satvieea do not meet the comract requirements. Payments made by the County shall not preclude the right ofthe Comity from thereafter disputing any Items or services involved or billed under this contract and shall not be censured as acceptance of any part of the goods or services. VM INV0ramr9 TtiSMUCTIONS: The Contractor will provide an Invoice on the Coatrserm -s lotterhoad. Each Invoice will have a unique number and will include the following Information: A. Contractor's name and address E. Contractor's mmittanos address, if different from (A), above C. Name of Comity agency/department A. Aoiiverithervice address E. Contract number F. Seridee Data O. Description of Services II. Total 1. Taxpayer ID number Invoices and support documentation are to be forwarded to: OC Public works Procurement Services Arm: Accounts Payable 300 N. Flower St, thin Fl, Santa Ana, CA 92701 Contractor has the option o£ receiving payment directly to their bank account v14 an Mectionie Food Transfer (EF'r) process in lieu ON check payment. Payment made vie EFT will also receive Eleetrone li.emitasnce Advice with the payment details via acted, Aneroid etldress will need to ba provided to the County via sir EFT Authorization Form. To request a form, plcom contact the DPA. P08019 Page 204(20 NR EXHIBIT a -CONNECTOR PIPE SCREEN � } ! } V { }! _ � 2 -- � , •m, -- � 2 kd &) � w � \�! j ' |!) f � I ) I � \» & 9 | !$!I ^® t � ! ! { � ���� ®� ' | � }/ /_�— «— � - - -�- ` �� . . i � . )« � \ z 6 g M J ~ : b | .. . � ~ � ! 28 29 lEwi |' \) 1, !»/ » .. . .. j!! ` \| , \i ` ® k - - -«- /)( k !) Lv - - -- - ) © � \ � 28, CPO ;c#� 1w 0 �!} \�J 29 | � � k $ � }\ �® \ . x —lx 0- } /( 's ! z : \§) �( | � � ! | | \/ � \�� � g| j |§ \� ƒ # h) \ � � { 98 § 2# M�q \ 9D EXHIBIT B1 — PROJECT MAP City of Santa Ana 7-- .� Io 6 •• r M • /- Q '/a 'fe 1 S� SEMEN== Miles NW Count = 148 NE Count = 163 Municipal Catch Basins on Minor Streets SE Count =182 SW Count = 394 • Proposed catch basin with CPS 32 EXHIBIT C - PRICING aunt, ofOrange, GCPaliffe works MA•081t- I5011198 United groan Wow M4 ATTACHMENT O CONTRACTOI'S PRICING 1. COMPanSATIOn: This is a usage Contract between the County and Contractor fbr Trash and Debris Capture Devices, as set forth in Attachment A, "Scope of Work ". The Contractor agrees to accept the specified compensation as set forth in ails Contract as lhll remuneration for performing all services and furnishing all staffing, labor, insurance requirements and taxes required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for rbks connected with the services, and for performance by the Contractor of oil its duties and obligations bereunder. The Contractor shall only be compensated as set forth herein below farworkpar£ormed in accordance with the Scope of Work. The County shall have no obligadon to pay any into in excess of the fixed prices specified herein unless authorized by amendment in accordance with Articles "15" and "3011 of the County Contract Terms and Conditions. ff. PRtcING1 Payment shall be made in accordance with the provisions of this Contract. payment shall be a9 follows: auulmvaet:F -� � 4kOpne YyMllana taaYir . wa wn ma, a aEVCEIYPF Few �' der ac ruwsba rrxuaea: rmN.amw .l r lMM Opton1t ARS Doti __ - .._.... ... -.. WInB -Gab ARS 1 24,60' 3' -10 ,22 24,51 143.30 .06 $0.00 462,48 Wiry -Guts ARS 1 61' -16' T -14" .42 501398 MOD 7.60 90 7.80 WingGab ARS 1 10.1' -16' 3' -14' 67:5& $1163.80 $207.80 1%38 0.00 1400.36 WingGab ARS 1 16'.1'-21' T -14' 12 144290 .$312.20 1837.32 5090 1837.32 WingGele ARS I 1 I 21.1' -28' 3' -14' 1 $122.051 $1,790.40 3220 A2,344.65 $0.00 344.66 WinO-0ale ARS 1 25.1' -36' W 14' 1 116V3 $2,018,801 $442LOI 823.54 $0,00 $2.623.54 Option2: CPS Only Connector Pipe Screen 1 28' 18' $17,44 145,75. $205.12 tIM1 $15.00 $W.81 Cmmacter Pipe Screen 1 28.1' -42' 18.1' -38' $17.44 14515 M.12 .31 51600 $3$3,31 Connecbrspe Screen 4 42.1' -60' XV-5Z $17.44 $145.76 117 12 388.31 $1590 1 $383.31 Optlw3: ARS & CPS ARS &CPS 1 24' -60" _ .88 7020 A2 765.37 16.00 1 61' -itl' SM 66 5759.63 $42282 142521 $15.00 ARS &CPS 1 10.1' -6 575.32 57209.35 AsL02 1921.89 515.00 ARS &CPS 1 10'.1' -21' 100.66 $1 .76 17.32 393.83 aw kARS&GP3 ARS &CPS 1 21.1' -28' $139.48 i :16 $517.32 694.86 $15.00 &CPS 1 2 ' -35' $179:57 16455 0.12 934.24 15.00 P08019 Page 1s of20 33 Courtly ofOtunge, OCPebl7e Works MA- 08045071198 ffnuddsternr Water, lne. OPOon 4: Morteaod On Drsuirac, Corh Inlet 1 24'•47 IT $17.90 $297A8 $94.15 $409.63 915A $424.53 Darepac, curb trial 1 43' -W 12, $17.90 $339.73 S9416 94SUR 1115A 546618 pralnPeo, Curb Inlet 1 $10•10 12' $17.90 6183.17 $939.01 $16.00 $ya,0t OralnPaq Curb Wet 1 10.1' -18' IT 97.90 48.20 $299.04 $1 53.14 S15Ag 1269.14 Dmhpac, Curb Inlet 1 fllj' -21' 12' 517.90 51101270 $389.04 J1,419.64 15,00 51434.64 Drainpse, Curb Inlet 1 21.1' -28' 97 17.90 p,12 82.14 1 BO&16 $15.00 E9 8 21.16 pmhPac, Curb _ft Inlet 1 28.1' -36' IT 11.90 1821.12 58648 S2 611 15,00 $2440.88 IkertPec, Dmp Inlet 1 12'x1? 12, _ 51740 $104.12 $274.77 $0.00 3289.77 DMIMPac, Crop Inlet 1 95'x1$" 127 17111 $214.12 $02.16 32437 1S.00 $339.77 DreinPaa, Drop INet 1 24'xW 1T $17.90 74.19 92,75 384.76 SISGO 75 OralnPaq trap _ Inlet 1 38 "x36" 17 11,90 .44 $92.75 3451.09 15.00 119 E84 Dtainlsso, Drop Wet i 'Wx48' 1T $ 1700 537.18 92.75 $647.84 15,00 ' ToMlewe. Cast- Anmpawa: • R.w des„ br4ds prrralaq site. - Ram ShMeWs heads rK10r M1AM& box, vtl MOOrleet seeks br�e mesTOA arewia, ad aeWcfndM9fa'reetlW/Er. • Reles* wde art "&M.cW re, onafabeaWhedn*.*a -M *MW PurblmWhOon, •Res" AG" dond k&* PehaworNaBauveWI Mto cam We. -Ram NWndo W MWtle theeat W MW Mora Me iabkama "TWESM kedoan The TdmaW Oaeretlam a MdnW xe CmerSIONeMkr rename 9* me dealrMemmhmb cWbrmfies dnM9d ea tamed rmm.. •The Tdd ExilmeMdOmf eMrmbtxntamiamlYmMdndde Macldkda4eddcvMe m 1plue he Tate erop"am a Wm m,,, W. ID. PRICE INCREASES7DECR%ASES: No price increases will be permitted during the first period of the Contract. All price decreases will automatically be extended to the County. The County requires bona ttdo proof oP coat increases on Contracts prior to any price adjustment. A minimum of One•hundrod eighty (180) days advance notice in writing is required to secure such adjustment. No retroactive price adjustments will be considered. The County may enforce, adjust, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it sees fit. lire net dollar amount of profit will remain firm during theperiod ofthe Comment. Adjustments increasing the Contractor's profit will not be allowed, IV. FIRM DISCOUNT AND PRICINC. 3TRUMARt Contractor guarantees that prices quoted are equal to or less than prices quoted to any oilier local, State or Federal governmont entity for services of equal or lesser scope. Connector agrees that no price increases shall be passed along to the County during the term of this Contract not otherwise specified and provided for within this Contract. V. CONTRACroWs EXPENSE: The Contractor will be responsible for all casts related to photo copying, telephone communications and fax communications while on County sites during the performance of work and services undo this Contract. P08019 Paga 190po 34 A� o® CERTIFICATE OF LIABILITY INSURANCE DATE E /7/2015wY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. 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). PRODUCER Bolton & Company ON A CT 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 PHONE FAX ,;till (626)799 -700o AI&d41: (626) 583 -2117 EMAIL ADDRESS, INSURERIS) AFFORDING COVERAGE NAIC R INSURER A: Steadfast Insurance Company 26387 www.boltonco.com 0008309 INSURED United Pumping Service, Inc. United Storm Water, Inc. INSURER B: Zurich American Insurance Company 16535 INSURER C: $ 50,000 INSURER D: MED EXP (Any one person) 4 Lease Inc. 14000 East Valley Blvd. City of Industry CA 91746 NsuaeR E: _ NSURER F: COVERAGES CFRTIFICATFNINVIFI 0,1=91`17 RFVICIONI NIIMRCR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSM SUBR mr, POLICY NUMBER ------ POLICY EFF (MMIDDNYYYI POLICY EXP IMNVODfYYYY) LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS MADE 121 OCCUR ✓ GPLOO8626700 1213112014 12131/2015 EACH OCCURRENCE $ 1,000,000 DREM SIB Ea occ. RENTED men e) $ 50,000 MED EXP (Any one person) $ 5,000 _ PERSONAL &ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY [7] JEOT F—] LOG GENERALAGGREGATE $ 4,000,000 GEN'L PRODUCTS COMP /OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY BAP008625100 12/3112014 12/31/2015 EOMBINEDtSINGLE LIMIT $ 1000000 BODILY INJURY (Per person) $ ✓ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Par accltlenl) $ ✓ NON�OWNED HIRED AUTOS ✓ AUTOS PROPERTY DAMAGE (Par erdara $ Dad Comp &Collision $ 1,000 A UMBRELLA UAB ,/ OCCUR 8X5008626800 12/31/2014 12/31/2015 EACH OCCURRENCE $ 11000000 AGGREGATE $ 11,000,000 ✓ EXCESS LIAS CLAIM &MADE DED I ✓ I RETENTION$0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory, in NH) NIA WC008625000 12/31/2014 12/31/2015 ,/ STATUTE OTH- BL EACH ACCIDENT $ 1,000,000 E, L. DISEASE - EA EMPLOYEd $ 1,000,000 DESCRIPTIONOFOPERATION3below E.L. DISEASE POLICY LIMIT 1 $ 1,000,000 • Pollution Liability GPLOO8626700 12/31/2014 12131/2015 1,000,000 Each Claim • Professional Llab - Claims Made GPL008626700 12/31/2014 1213112015 1,000,000 Each Claim DESCRIPTION OF OPERATIONS /LOCATIONS (VEHICLES (ACORD IOf, Additional Remarks Schedule, may be attached If more space Is required) GL Additional Insured and Primary & Non - Contributory wording applies per STFESP101 ECW0910 attached as required by wirlten contract. Job: Project #15 -6488, Installation of Connector Piper Screen (CPS) for Residential Catch Basins Located in City of Santa Ana. Additional Insured(s): City of Santa Ana, its officers, agents, volunteers and employees. UNITED STORM WATER AGR IT TBD PROJECT 15 -6488 REVIEWED BY:_ EUNICE HEREDIA (PG 1 OF 4) r.�e- alllyrw.rll�Eri��m: .s..ar .. Project #15 -6488 Cltyy of Santa Ana Pu b lic Works De a tment 20 Civic Center Plaza ent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE Cassandra Rosales 91988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 24995137 I UNTTPUM -01 1 14 -15 GL, Akita, Bit, WC, POLL, Prof List I Holton Certificate Processing 1 611/2015 10:03:13 PM IPOTI I Page 1 of 4 Additional Insured - Automatic- Owners, Lessees Or Contractors Coverage Part One - Commercial General Liability Coverage Part Two- Contractor's Pollution Liability ZURICH Policy No. Eff. Date of Pal, Exp. Date of Pol. Eff. Date of End. Producer Add'I Prom. Return Prem, PL008626700 1 12131/2014 12/31/2015 �• �szzacoo ........ I ---------- Named Insured and Mailing Address: UNITED PUMPING SERVICE, INC. 14000 VALLEY BLVD CITY OF INDUSTRY, CA 91746 -2801 Producer: BOLTON & COMPANY PO BOX 6030 PASADENA, CA 91102 -6030 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: Environmental Services Package Policy ❑X COVERAGE PART ONE - COMMERCIAL GENERAL LIABILITY D COVERAGE PART TWO - CONTRACTOR'S POLLUTION LIABILITY 1. Who is an Insured (Section I.) in the COMMON COVERAGE PROVISIONS is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. 2. The insurance provided to the additional insured person or organization applies only to: a. "Bodily injury ", "property damage" or "personal and advertising Injury" under COVERAGE PART ONE - COMMERCIAL GENERAL LIABILITY, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; and resulting directly from: (a) Your ongoing operations performed for the additional insured, which Is the subject of the written contract or written agreement; or (b) "Your work" completed as included In the "products- completed operations hazard ", performed for the additional insured, which is the subject of the written contract or written agreement; and /or b. "Claims" arising out of a "pollution event" under COVERAGE PART TWO - CONTRACTOR'S POLLUTION LIABILITY, caused, In whole or in part, by: (1) Your acts or omissions; or STF- ESP -101 -E CW (00110) Page 1 of 3 UNITED STORM WATER AGR # TBD PROJECT 15 -6488 REVIEWED BY', ... �• EUNICE HEREDIA (PG 2 OF 4) 2499)3] I IMITPUK -01 1 14 -1'i CL, R"Co, u.b, M PULL, PI.f Li nb I ..I!.. 111 fl'. 11oc „S,lg 6/1/2015 10: o1, 11 1. (POT) I Fag. 2 of J (2) The acts or omissions of those acting on your behalf, and resulting directly from: (a) "Covered operations" performed for the additional insured, which is the subject of the written contract or written agreement; or (b) "Completed operations" of the "covered operations" performed for the additional Insured, which is the subject of the written contract or written agreement. 3. However, regardless of the provisions of paragraphs 1. and 2. above: a. We will not extend any Insurance coverage to any additional insured person or organization: (1) That is not provided to you in this policy; or (2) That is broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and b. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: (1) The Limits of Insurance provided to you in this policy; or (2) The Limits of Insurance you are required to provide in the written contract or written agreement, 4. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising Injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services Including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, Inspection, architectural or engineering activities. 5. The additional insured must see to it that: a. We are notified as soon as practicable of an "occurrence", offense or "pollution event", as applicable, that may result in a claim; b. We receive written notice of a claim or "sull" as soon as practicable; and c. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. 6. For the coverage provided by this endorsement: a. The following paragraph is added to Paragraph 8.a. Other Insurance, Conditions (Section V.) in the COMMON COVERAGE PROVISIONS: This Insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respectto any otherpolicy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. b. The following paragraph is added to Paragraph 8.b, Other Insurance, Conditions (Section V.) in the COMMON COVERAGE PROVISIONS: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, In which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suif'. This provision does not apply to any STI"ESP-101,E CW (09110) Page 2 of 3 UNITED STORM WATER AGR # TBD PROJECT 15-6488 REVIEWED BY: EUNICE HEREDIA (PG 3 OF 4) 2mnl, I I wc, po". �..f �b I Sclto� C—Elficate 1'rc3l�51ncj 1 6/7/2015 10�01z13 PM (NDT1 I Pag� 3 of .1 policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non - contributory basis. 7. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. STF -ESP- 101- ECW(09 110) Page 3 of 3 UNITED STORM WATER AGR 4 TBD PROJECT 15 -6488 REVIEWED BY: (,� EUNICE HEREDIA (PG 4 OF 4) 11MD7 1 oxrrnur, -nt 1 x4 -is ce, Waco, Omb, we. 1.L , erne Li;,b I eolcun cere:etceve erocecs-my d/v /zoos la:m:v eM MV I enge 4 oe a ACORO® CERTIFICATE OF LIABILITY INSURANCE ski [----DATE (MM/DD/YYYY) 1/21/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Bolton & Company 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 NAME: CONTACT PHONE FAX A/C No EXt : 626 799 -7000 A/c No): 626 583 -2117 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # www.boltonco.com 0008309 INSURERA: Steadfast Insurance Company 26387 INSURED United Pumping Service, Inc. United Storm Water, Inc. INSURER B: Zurich American Insurance Company 16535 INSURER C: EACH OCCURRENCE 4 Lease, Inc. 14000 East Valley Blvd. City of Industry CA 91746 INSURER D: PREM SES (Ea occurrence) INSURER E: INSURER F $ 5,000 =WW11A7CI9C1 - JtiVALVFA\\t\IIILVA -1": THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD /MY LIMITS A ✓ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 121 OCCUR ✓ GPL008626701 12/31/2015 12/31/2016 EACH OCCURRENCE $ 1,000,000 PREM SES (Ea occurrence) $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 0 JjECT LOC GENERAL AGGREGATE $ 4,0OO,00O PRODUCTS - COMP /OPAGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY BAP008625101 12/31/2015 12/31/2016 EO aBINED1SINGLE LIMIT $ 1'000'000 BODILY INJURY (Per person) $ ✓ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ ✓ NON -OWNED HIRED AUTOS ✓ AUTOS PROPERTY DAMAGE Per accident $ Ded Comp & Collision $ 1,000 A UMBRELLALIAB ✓ OCCUR SXS008626801 12/31/2015 12/31/2016 EACH OCCURRENCE $ 11,000,000 ✓ EXCESS LAB CLAIMS -MADE AGGREGATE $ 11,000,000 DED I ✓ I RETENTION$0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? ❑N N/A WC008625001 12/31/2015 12/31/2016 PER I OTH- ✓ I STATUTE I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below A Pollution Liability GPL008626701 12/31/20151 1,000,000 Each Claim A Professional Liab - Claims Made GPL008626701 12/31/2015 12/31/2016 1,000,000 Each Claim DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Project #15 -6844 / Agreement #A- 2015 -089, Installation of Connector Piper Screen (CPS) for Residential Catch Basins Located in City of Santa Ana. GL Additional Insured and Primary & Non - Contributory wording applies per STFESP101 ECW0910 attached as required by wirtten contract. Additional Insured(s): City of Santa Ana, its officers, agents, volunteers and employees. REVIEWED BY: EUNICE HEREDIA (PG OF ) w-IN LHIV V GI-LH I I V IV Project #15 -6844 City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza M -36 Santa Ana, CA 92701 (/(J AUTHORIZED REPRESENTATIVE Cassandra Rosales U 19BU -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 28233732 1 UNITPUM -01 1 15 -16 GL, Auto, Umb, WC, POLL, Prof Liab I Alisa Lopez 1 1/21/2016 4:58:23 PM (PST) I Page I of 4 Additional Insured—Automatic—Owners, Lessees Or Contractors Coverage Part One-Commercial General Liability Coverage Part Tvvo-Courruuto,'a Pollution Liability 0 ZURICH' Policy No. Eff. Date of Pol, Exp. Date of PoL Eff. Date of End. Producer AddI Prern. Return Prem GPL008626701 12/31/2015 12/31/2016 "".=""=".t;" CUM wict/uoymuuroaa: UNITED PUMPING SERVICE, INC. 14OUU VALLEY BLVD CITY OF INDUSTRY, CA 91746-2801 Producer: BOLTON &COMPANY PD BOX O03O PASADENA, C8S11O2-603O THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ [TCAREFULLY. This endorsement modifies insurance provided under the following: Environmental Services Package Policy bd COVERAGE PART ONE-COMMERCIAL GENERAL LIABILITY IN COVERAGE PART TVVO-CONTRACTOR'8 POLLUTION LIABILITY 1. Who is an Insured (Section 1.) in the COMMON COVERAGE PROVISIONS is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under ewritten contract ` 2. The insurance provided to the additional insured person or organization applies only to: a. "Bodily injury", "property damage" or ^pamono/ and advertising injury" under COVERAGE PART ONE-COMMERCIAL GENERAL LIABILITY, COVERAGEA - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY caused, in whole or in part, (1) Your acts ov omissions; nr (2) The acts or omissions of those acting un your behalf; and resulting directly from: (a) Your ongoing operations performed for the additional insured, which is the subject of the written contract or written agreement; or (4 "Your work" completed as included in the ^pmduots'completed operations hazanr, performed for the additional insured, which is the subject of the written contract or written agreement; and/or u. "Claims" arising out of "pollution ovent" under COVERAGE PART TVVD - CONTRACTOR'S POLLUTION (1) Your acts or omissions; cv Page 1 of 3 `m`",= | "NI`"=01 | 15-16 =. Auto, Uttit, °c. POLL, °=f^iau | Alisa Lopez 1 1/21/2016 4:56:02 PM (PST) Page 2 of 4 (2) The acts or omissions of those acting on your behalf, and resulting directly from: (a) "Covered operations" performed for the additional insured, which is the subject of the written contract or written agreement; or (b) "Completed operations" of the "covered operations" performed for the additional insured, which is the subject of the written contract or written agreement. 3. However, regardless of the provisions of paragraphs 1. and 2. above: a. We will not extend any insurance coverage to any additional insured person or organization: (1) That is not provided to you in this policy; or (2) That is broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and b. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: (1) The Limits of Insurance provided to you in this policy; or (2) The Limits of Insurance you are required to provide in the written contract or written agreement. 4. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. 5. The additional insured must see to it that: a. We are notified as soon as practicable of an 'occurrence ", offense or "pollution event ", as applicable, that may result in a claim; b. We receive written notice of a claim or "suit' as soon as practicable; and c. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non - contributory. 6. For the coverage provided by this endorsement: a. The following paragraph is added to Paragraph 8.a. Other Insurance, Conditions (Section V.) in the COMMON COVERAGE PROVISIONS: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non - contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. b. The following paragraph is added to Paragraph 8.b. Other Insurance, Conditions (Section V.) in the COMMON COVERAGE PROVISIONS: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence ", offense, claim or "suit'. This provision does not apply to any STF- ESP -101 -E CW (09/10) 9 Page 2 of 3 REVIEWED BY:- ''���� ° J �_ EUNICE HEREDIA (PG OF L)� 28233710 1 UNITPUM -01 1 15 -16 GL, Auto, Umb, WC, POLL, Prof Liab I Alisa Lopez 1 1/21/2016 4:56:02 PM (PST) Page 3 of 4 policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. 7. This endorsement does not apply to on additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional inoumdo, and which endorsement applies specifically to that identified additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Page 3 of 3 REVIEWED BY: 28233710 1 "=TPn'01 | I,'16 o`. ^"m. U111b. :c' POLL, Prof ^ia^ | aisa Lopez 1 1/21/2016 4:56:02 PM 'S°) -I Page 4 of