HomeMy WebLinkAboutC-8022-1 - Purchase and Installation Agreement for Purchase and Installation of Catch Basin Connector Pipe Screensv I✓(Ir t=
O AMENDMENT NO. ONE TO
pp PURCHASE AND INSTALLATION AGREEMENT
V WITH UNITED STORM WATER, INC. FOR PURCHASE & INSTALLATION OF
CATCH BASIN CONNECTOR PIPE SCREENS
THIS AMENDMENT NO. ONE TO PURCHASE AND INSTALLATION
AGREEMENT ("Amendment No. One") is made and entered into as of this 24th day of
September, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and UNITED STORM WATER,
INC., a California corporation ("Contractor"), whose address is 14000 E. Valley
Boulevard, City of Industry, California, 91746, and is made with reference.to the following:
RECITALS
A. On June 11, 2019, City and Contractor entered into a Purchase and Installation
Agreement ("Agreement') for Contractor to provide Purchase and Installation of
Catch Basin Connector Pipe Screens ("Project').
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to December 31, 2019.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
Section 3 of the Agreement is amended in its entirety and replaced with the
following: "Unless earlier terminated in accordance with Section 18 of this Agreement,
this Agreement shall continue in full force and effect until completion of the services
agreed to herein or until December 31, 2019, whichever occurs first."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
UNITED STORM WATER, INC. Page 1
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
A ron C. Ha \q
City Attorney
ATTEST:
Date:
By: k&4.&M
LErilanil.Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: '7- / 0 - 2O
By:
Grac (.Leung
Cit anager
CONTRACTOR: UNITED STORM
WATER, INC., a California corporation
Date:
Signed in Counterpart
By:
Eduardo C. Perry
President
Date:
By: Signed in Counterpart
Robert Pina
Secretary/Treasurer
[END OF SIGNATURES]
UNITED STORM WATER, INC. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I e(t-4 1
By:
Aaron C. Harp �q
City Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
ATTEST: CONTRACTOR: UNITED STORM
Date: WATER, INC. a California corporation
Date: � Z
By: By:
Leilani I. Brown Eduardo C. Perry
City Clerk President
Date: I/3L- /
By: s
Robert Pina�
Secretary/Treasurer
[END OF SIGNATURES]
UNITED STORM WATER, INC. Page 2
CITY C:.rnK
PURCHASE AND INSTALLATION AGREEMENT
WITH UNITED STORM WATER, INC. FOR PURCHASE & INSTALLATION OF
CATCH BASIN CONNECTOR PIPE SCREENS
THIS PURCHASE AND INSTALLATION AGREEMENT ("Agreement") is made and
entered into as of this 11th day of June, 2019 ("Effective Date") by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
UNITED STORM WATER, INC., a California corporation ("Contractor"), whose principal
place of business is 14000 E. Valley Boulevard, City of Industry, California, 91746, and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to provide Purchase and Installation of Catch Basin
Connector Pipe Screens, as detailed in the Scope of Work and Schedule of Billing
Rates attached hereto as Exhibit "A" ("Project").
C. Whereas the City was awarded Measure M2 Grant Funding for the Newport Bay
Trash Mitigation Project;
D. Whereas the County of Orange entered into a Master Agreement MA -080-15011198
with United Storm Water, Inc. for the purchase and installation of Trash and Debris
Capture Devices; attached hereto as Exhibit "B".
E. Whereas Section 50 of Master Agreement MA -080-15011198 allows other California
local or state governmental agencies to obtain products and services at the rates
listed in the agreement, provided that each agency be responsible for issuing their
own purchase document or agreement with United Storm Water, Inc.
F. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by the City for the Project, is familiar with all
conditions relevant to the performance of services and has committed to perform all
work required for the price specified in this Agreement.
G. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to retain
Consultant to render professional services under the terms and conditions set forth
in this Agreement.
United Storm Water, Inc. Page 1
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
SCOPE OF WORK
1.1 Contractor shall provide all tangible items and perform all the services
described in the Scope of Work attached hereto as Exhibit "A" and incorporated herein by
reference. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and services and
Contractor is experienced in performing the work and services contemplated herein and, in
light of such status and experience, Contractor covenants that it will perform all Services in
a manner commensurate with community professional standards and with the ordinary
degree of skill and care that would be used under reasonably competent practitioners of the
same discipline under similar circumstances and that all materials will be of good quality.
1.2 Contractor shall perform everything required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and all
utility and transportation services necessary for the Project.
1.3 In consideration of the payment of the purchase price and subject to all the
terms and conditions hereof, Contractor shall: install Catch Basin Connector Pipe Screens
(hereinafter referred to as "Products"), as listed and set forth in Exhibit "A".
2. TIME OF PERFORMANCE
2.1 Time is of the essence in the performance of services under this Agreement
and Contractor shall complete the Project installation, implementation and acceptance
testing within the time set forth in Exhibit "A". The failure by Contractor to meet this schedule
may result in termination of this Agreement by City as outlined in Section 18 below.
2.2 Force Majeure. The time period(s) specified in Exhibit "A" for performance of
services rendered pursuant to this Agreement shall be extended because of any delays due
to unforeseeable causes beyond the control and without the fault or negligence of
Contractor, including but not restricted to acts of God or of the public enemy, unusually
severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, and/or acts of any governmental agency, including the City, if
Contractor shall within ten (10) days of the commencement of such delay notify City in
writing of the cause of the delay. City shall ascertain the facts and extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if
in the judgment of the City such delay is justified. City's determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to
recover damages against City for any delay in performance of this Agreement, however
caused, Contractor's sole remedy being extension of the Agreement pursuant to this
Section.
United Storm Water, Inc. Page 2
3. TERM
Unless earlier terminated in accordance with Section 18 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services agreed to
herein or until September 30, 2019, whichever occurs first.
4. COMPENSATION
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and Exhibit "A" and
incorporated herein by reference. Contractor's compensation for all Work performed in
accordance with this Agreement, including all reimbursable items and subcontractor fees,
shall not exceed One Hundred Fifty Six Thousand Five Hundred Thirty One Dollars and
75/100 ($156,531.75), without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written approval of City.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name of the person who
performed the Work, a brief description of the Services performed and/or the specific task
in the Scope of Services to which it relates, the date the Services were performed, the
number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days
after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit "A" to this Agreement or specifically approved in writing in advance by
City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any Work
that is determined by City to be necessary for the proper completion of the Project, but which
is not included within the Scope of Services and which the parties did not reasonably
anticipate would be necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set
forth in Exhibit "A".
4.5 Contractor shall provide City with a minimum fourteen (14) days' notice of its
dates of installation to enable the City to prepare the installation sites for the Products in
accordance with the instructions of Contractor. The City shall complete site preparation
prior to the date of installation of the Products, and the site shall thereafter be available for
inspection and approval. All costs and expenses related to the site preparation shall be at
the sole expense of City.
4.6 Extra Work. Contractor shall not receive any compensation for Extra Work
without the prior written authorization of the City. As used herein, "Extra Work" means any
work that is determined by the City to be necessary for the proper completion of the Project,
but which is not included in the Purchase Price as specified in Exhibit "A", and which parties
United Storm Water, Inc. Page 3
did not reasonably anticipate would be necessary. Compensation for any authorized Extra
Work shall be paid in accordance with the hourly rates set forth in Exhibit "A".
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during the
term of the Agreement. Contractor has designated Eduardo C. Perry to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's Public
Works Director or designee shall be the Project Administrator and shall have the authority
to act for City under this Agreement.
7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
7.1 Contractor shall use only the standard materials described in Exhibit "A" in
performing services under this Agreement. Any deviation from the materials described in
Exhibit "A" shall not be installed unless approved in advance by the City Project
Administrator.
7.2 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform the
services required by this Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall be performed by
qualified and experienced personnel who are not employed by City, nor have any
contractual relationship with City.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services shall not be responsible in any manner for any loss or
damage to any of the materials or other things used or employed in performing the Project
or for injury to or death of any person as a result of Contractor's performance of the services
required hereunder; or for damage to property from any cause arising from the performance
of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone
employed by either of them, unless caused by the City's negligent acts, omissions, or willful
misconduct.
8.2 Contractor shall be responsible for any liability imposed by law and for injuries
to or death of any person or damage to property resulting from defects, obstructions or from
any cause to the extent arising from the negligent acts, omissions, or willful misconduct of
the Contractor' or any subcontractor or supplier selected by the Contractor.
United Storm Water, Inc. Page 4
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services contemplated by this
Agreement (collectively, the "Indemnified Parties") from and against: (1) any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liability, costs and expenses (including, without limitation, attorneys' fees,
disbursements and court costs) of every kind and nature whatsoever (individually, a Claim;
collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly)
to any breach of the terms and conditions of this Agreement, and Work performed or
Services provided under this Agreement including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent and/or willful acts, errors and/or omissions of Contractor, its
principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may be liable
or any or all of them); (2) use of improper materials in performing this Project including,
without limitation, defects in workmanship or materials and/or design defects; and/or (3) any
and all claims asserted by Contractor's subcontractors or suppliers on the Project, and shall
include reasonable attorneys' fees and all other costs incurred in defending any such claim.
Contractor's liability in this Subsection shall be limited to the maximum amount of its
insurance coverage for claims arising out non -negligent and non -intentional acts performed
under this Agreement. Contractor shall not be held responsible for consequential or special
damages, or claims made to City for such consequential or special damages. Nothing
herein shall require Contractor to indemnify City from the negligence or willful misconduct of
City, its officers or employees.
8.3.1 To the fullest extent permitted by law, Contractor shall hold harmless
the County of Orange from all claims, demands, actions or causes of actions of every kind
resulting directly or indirectly, arising out of, or in any way connected with the use of Contract
MA -080-15011198 to provide Trash and Debris Capture Devices.
8.4 Intellectual Property Indemnity - Contractor shall defend, indemnify and hold
City, its agents, officers, representatives, employees and City Council, boards and
commissions harmless from any proceeding brought against City for any intentional or
unintentional violation of the intellectual property rights of any third party with respect to
Products deliverables purchased in this Agreement This indemnification shall include, but
is not limited to, infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Contractor's deliverables provided under this
Agreement.
8.5 Contractor shall perform all Project work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall perform work as specified in Exhibit "A" to limit impacts to traffic during the
system installation period. Contractor shall be liable for any private or public property
damaged during the performance of the Project work.
United Storm Water, Inc. Page 5
8.6 Contractor shall provide traffic control and access in accordance with Section
7-10 of the State Standard Specifications and the latest edition of the Work Area Traffic
Control Handbook (WATCH), as published by Building News, Inc.
8.7 Traffic control and detours shall at a minimum meet the following
requirements:
8.7.1 Emergency vehicle access shall be maintained at all times.
8.7.2 The locations and wordings of all barricades, signs, delineators, lights,
warning devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a minimum of
inconvenience to the public.
8.7.3 All advanced warning sign installations shall be reflectorized and/or
lighted.
8.7.4 Traffic signal system shutdown or planned "red flash" shall be limited
to 4 -hour periods between the hours of 9:00 a.m. and 3:00 p.m. on weekdays (Monday
through Thursday), except as authorized by the Project Administrator.
8.7.5 "STOP AHEAD" and "STOP" signs shall be furnished by the
Contractor and shall conform to the provisions in Section 12-3.06, "Construction Area
Signs," of the State Standard Specifications except that the base material for the signs shall
not be plywood. Two "STOP AHEAD" signs and two "STOP" signs shall be placed for each
direction of traffic. Locations of the signs shall be per the WATCH manual.
8.8 Nothing in this Section shall be construed as authorizing any award of
attorney's fees in any action to enforce the terms of this Agreement, except to the extent
provided in Section 8.3 above.
8.9 The rights and obligations set forth in this Section shall survive the termination
of this Agreement.
9. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor
its employees, nor any of its subcontractors, are to be considered employees of the City.
The manner and means of conducting the work are under the control of Contractor, except
to the extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or other right of employment shall accrue to Contractor
or its employees.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to be
performed. City agrees to cooperate with the Contractor on the Project.
United Storm Water, Inc. Page 6
11. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
work, Contractor shall obtain, provide and maintain at its own expense during the term of
this Agreement or for other periods as specified in this Agreement, policies of insurance of
the type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit "C", and incorporated herein by reference.
12. BONDING
12.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement: a Labor and Materials Payment Bond in the amount of one hundred
percent (100°/x) of the total amount to be paid Contractor as set forth in this Agreement and
in the form attached hereto as Exhibit "D" which is incorporated herein by this reference,
and a Faithful Performance Bond in the amount of one hundred percent (100%) of the total
amount to be paid Contractor as set forth in this Agreement in the form attached hereto as
Exhibit "E" which is incorporated herein by this reference.
12.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall
be issued by an insurance organization or surety (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, (2) listed as an
acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned
a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide: Property -Casualty.
12.3 The Contractor shall deliver, concurrently with execution of this Agreement,
the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of
the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of California.
13. PREVAILING WAGES
13.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime work for each craft or type of workman needed to execute the work
contemplated under the Agreement shall be paid to all workmen employed on the work to
be done according to the Agreement by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in
which the work is to be performed for each craft, classification, or type of workman or
mechanic needed to execute the Agreement. A copy of said determination is available by
calling the prevailing wage hotline number (415) 703-4774, and requesting one from the
Department of Industrial Relations. The Contractor is required to obtain the wage
determinations from the Department of Industrial Relations and post at the job site the
prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
United Storm Water, Inc. Page 7
13.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently registered
and qualified to perform public work. Contractor further warrants that it is currently
registered and qualified to perform "public work" pursuant to California Labor Code section
1725.5 or any successor statute thereto and that no contractor or subcontractor will engage
in the performance of the Services unless currently registered and qualified to perform public
work.
14. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform work on this Project are
identified in Exhibit "A". Contractor shall be fully responsible to City for all acts and omissions
of any subcontractor. Nothing in this Agreement shall create any contractual relationship
between City and any subcontractor nor shall it create any obligation on the part of City to
pay or to see to the payment of any monies due to any such subcontractor other than as
otherwise required by law. City is an intended beneficiary of any work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the services to be provided under this
Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
15. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue work as a result of such withholding. Contractor shall have an immediate right
to appeal to the City Manager or his/her designee with respect to such disputed sums.
Contractor shall be entitled to receive interest on any withheld sums at the rate of return that
City earned on its investments during the time period, from the date of withholding of any
amounts found to have been improperly withheld.
16. CONFLICTS OF INTEREST
16.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seg.,
which (1) require such persons to disclose any financial interest that may foreseeably be
materially affected by the work performed under this Agreement, and (2) prohibit such
persons from making, or participating in making, decisions that will foreseeably financially
affect such interest.
16.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach and
is grounds for immediate termination of this Agreement by City. Contractor shall indemnify
and hold harmless City for any and all claims for damages resulting from Contractor's
violation of this Section.
United Storm Water, Inc. Page 8
17. NOTICES
17.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the deposit
thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter
provided. All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: Public Works Director
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
17.2 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Eduardo C. Perry
United Storm Water, Inc.
14000 E. Valley Boulevard
City of Industry, CA 91746
18. TERMINATION
18.1 Termination With Cause - In the event that either party fails or refuses to
perform any of the provisions of this Agreement at the time and in the manner required, that
party shall be deemed in default in the performance of this Agreement. If such default is not
cured within a period of five (5) calendar days, or if more than five (5) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within five (5) calendar days after receipt of written notice of
default, specifying the nature of such default and the steps necessary to cure such default,
the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
18.2 Termination Without Cause. Notwithstanding the above provisions, City shall
have the right, at its sole discretion and without cause, of terminating this Agreement at any
time by giving seven (7) calendar days prior written notice to Contractor. In the event of
termination under this Section, City shall pay Contractor for services satisfactorily performed
and costs incurred in the performance of such services up to the effective date of termination
for which Contractor has not previously been paid. In the event of termination under this
Section, City shall also pay Contractor for all Products, associated materials, and hardware
delivered to City site under this Agreement that City deems usable.
19. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Agreement by Contractor is a representation that Contractor has
visited the Project site(s), has become familiar with the local conditions under which the work
United Storm Water, Inc. Page 9
is to be performed, and has taken into consideration these factors in submitting its Project
proposal and Scope of Work.
20. WARRANTY
20.1 Contractor warrants to City that all Products to be delivered hereunder will be
free from defects in material or workmanship and will be of the kind and quality designated
or specified by Contractor in Exhibit "A". The warranty shall apply only to defects appearing
within two years from the date of final acceptance by City for hardware products not
manufactured by the Contractor, and two years from the date of final acceptance by City for
hardware products manufactured by Contractor. If Contractor installs the Products and
associated hardware and materials, or supplies technical directions of installation by
Agreement, the warranty period shall run from the date of final acceptance of installation by
City, provided same is not unreasonably delayed by City.
20.2 If Contractor -manufactured equipment delivered hereunder does not meet the
above warranty, and if City promptly notifies Contractor in writing, Contractor shall thereupon
correct any defect, including non-conformance with the specifications, either (at its option)
by repairing any defective or damaged parts of the equipment, or by making available any
necessary replacement parts, delivered and installed without additional charge to City within
seven (7) working days. City will return the defective product to Contractor, at Contractor's
expense. Contractor shall repair or replace the defective item and return it to City, shipping
costs prepaid. Contractor shall perform any necessary testing, hardware and equipment
removal, repair, replacement, certification, and installation at no cost to the City during the
warranty period, using Contractor's equipment.
20.3 The foregoing warranty is exclusive and in lieu of all other warranties, whether
written, oral, implied or statutory. Contractor does not warrant any equipment of other
manufacture designated by City.
21. REPRESENTATIONS
21.1 Non -infringement. Contractor represents that to the best of its knowledge the
technology embodied in the products sold herein does not infringe upon a United States
patent or United States copyright in effect as of the Effective Date.
21.2 Authority. Each party represents as follows: (a) that it has full power and
authority to execute, deliver and perform its obligations under this Agreement; (b) that there
are no actions, proceedings or investigations, pending or, to the best of each party's
knowledge, threatened against such party which may in any manner whatsoever materially
affect the enforceability of this Agreement or the rights, duties and obligations of the parties
hereunder; and (c) that the execution, delivery and performance of this Agreement will not
constitute a breach or default under any agreement, law or court order under which such
party is a party or may be bound or affected by or which may affect the rights, duties and
obligations hereunder.
21.3 No Other Representations. Each party acknowledges and agrees that it is
relying on no representation of the other party except as expressly set forth herein.
United Storm Water, Inc. Page 10
22. CONFIDENTIAL INFORMATION.
22.1 Confidential Information. In the performance of this Agreement or in
contemplation thereof, the parties and their respective employees and agents may have
access to private or confidential information owned or controlled by the other party and such
information may contain proprietary details and disclosures. All information and data
identified in writing as proprietary or confidential by either party ("Confidential Information")
and so acquired by the other party or its employees or agents under this Agreement or in
contemplation thereof shall be and shall remain the disclosing party's exclusive property.
The recipient of Confidential Information shall use all reasonable efforts (which in any event
shall not be less than the efforts the recipient takes to ensure the confidentiality of its own
proprietary and other confidential information) to keep, and have its employees and agents
keep, any and all Confidential Information confidential, and shall not copy, or publish or
disclose it to others, nor authorize its employees, agents or anyone else to copy or disclose
it to others, without the disclosing party's written approval; nor shall the recipient make use
of the Confidential Information except for the purposes of executing its obligations
hereunder, and (except as provided for herein) shall return the Confidential Information and
data to the first party at its request. The City's duty to maintain confidentiality as described
hereunder shall be subject to the laws of the State of California.
22.2 Excluded Information. The foregoing conditions will not apply to information
or data which is, or which becomes generally known to the public by publication or by any
means other than a breach of duty on the part of the recipient hereunder, is information
previously known to the recipient, is information independently developed by or for the
recipient or is information generally released by the owning party without restriction.
22.3 Right to Injunctive Relief. Because of the unique nature of the Confidential
Information, the parties agree that each party may suffer irreparable harm in the event that
the other party fails to comply with any of its obligations under this Section, and that
monetary damages may be inadequate to compensate either party for such breach.
Accordingly, the parties agree that either party will, in addition to any other remedies
available to it at law or in equity, be entitled to seek injunctive relief to enforce the terms of
this Section.
23. ASSIGNMENT
This Agreement shall not be assigned by any party, or any party substituted, without
prior written consent of the City and the Contractor.
24. STANDARD PROVISIONS
24.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
24.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
United Storm Water, Inc. Page 11
county, state and federal laws, rules, regulations and permit requirements and be subject to
approval of the Project Administrator and City.
24.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant or condition contained herein, whether of the same
or a different character.
24.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
24.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
24.6 Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either party
by reason of the authorship of the Agreement or any other rule of construction which might
otherwise apply.
24.7 Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
24.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
24.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this Agreement
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
24.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
24.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
24.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
United Storm Water, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: Date:
By: "— By.
Aaron C. Harp GraqeK. Leung
City Attorney CityManager
ATTEST: CONTRACTOR: United Storm Water,
Date: Inc., a California corporation
Date:
W, jAA
My'. A A
LeiIaAi T.- :.
City Clerk
Signed in Counterpart
By:
Eduardo C. Perry
President
Date:
By:
Signed in Counterpart
Robert Pina
Secretary/Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A
– Scope of Services and Schedule of Billing Rates
Exhibit B
– Contract MA -080-15011198 for
Trash and Debris Capture Devices
Exhibit C
– Insurance Requirements
Exhibit D
– Labor and Materials Payment Bond
Exhibit E
– Faithful Performance Bond
United Storm Water, Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: 6l(1 1411 Date:
By: r By:
Aa on C. Har `�\u Grace K. Leung
City Attorney u°m City Manager
ATTEST: CONTRACTOR: United Storm Water,
Date: Inc., a Californi corporation
Date: G� / / / q
By: By:
Leilani I. Brown Eduardo C. Perry
City Clerk President
Date:
By:L':::; -)I7 ��----
Robert Pina
Secretary/Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Services and Schedule of Billing Rates
Exhibit B — Contract MA -080-15011198 for
Trash and Debris Capture Devices
Exhibit C
— Insurance Requirements
Exhibit D —
Labor and Materials Payment Bond
Exhibit E —
Faithful Performance Bond
United Storm Water, Inc. Page 13
EXHIBIT A
SCOPE OF SERVICES AND
SCHEDULE OF BILLING RATES
United Storm Water, Inc. Page A-1
UNITED STORM WATER, Inc.
United Storm Water, Inc.
14000 E. Valley Blvd.
City of Industry CA 91746
Tel No.: (626) 961-9326
Contractor License No.: 768583
DIR Registration No.: 1000012438
Minority Business Enterprise (MBE)
Bill To:
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD
P.O. BOX 1768
NEWPORT BEACH, CA 92658
Ship Via
Terms
Goods No. Description
C9880 OCTA MA# 080-15011198 CPS - MANU
Mosquito Abatement Model
Sales Quote Number: SWQ61091
Sales Quote Date: 05/07/19
Page: 1
Job Site Location:
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD
P.O. BOX 1768
NEWPORT BEACH, CA 92658
Customer ID CINE10000
Project Name
SalesPerson Ramon Menjivar 626-890-7104
No. of
Units Quantity Unit Unit Price Total Price
425 EACH 368.31 156,531.75
Catch basin inserts are designed to remove trash, debris, sediment and other items, increasing the
catch basin's effectiveness. Contractor to provide, fabricate, and install 425 catch basin connector
pipe screens at various catch basins throughout the City of Newport Beach as directed by City staff.
Contractor shall coordinate with City's designated project manager or designee, and other City staff in
terms of scheduling and site preparation. At each location, Contractor shall, using contractor supplied
materials, fabricate and install each Connector Pipe Screen.
TO BE COMPLETED NO LATER THAN: SEPTEMBER 30, 2019
Amount Subject to Amount Exempt
Sales Tax from Sales Tax
0.00 156,531.75
Subtotal: 156,531.75
Invoice Discount. 0.00
Total Sales Tax. 0.00
Total: 156, 531.75
EXHIBIT B
CONTRACT MA -080-15011198 FOR
TRASH AND DEBRIS CAPTURE DEVICES
United Storm Water, Inc. Page B-1
County of Orange, OC Public Works MA -08415011198
United Storm Water, Inc.
CONTRACT MA -080-15011198
FOR
TRASH AND DEBRIS CAPTURE DEVICES
THIS Contract MA -080-15011198 to provide Trash and Debris Capture Devices, (hereinafter
referred to as "Contract") is made by and between the County of Orange, a political subdivision of the
State of California, (hereinafter referred to as "County") and United Storm Water, Inc, with a place of
business at 14000 E. Valley Blvd., City of Industry, CA 91746 (hereinafter referred to as "Contractor"),
with County and Contractor sometimes individually referred to as ("Party") or collectively referred to as
("Parties").
RECITALS
WHEREAS, County and Contractor are enteiing into this Contract for Trash and Debris Capture
Devices under a Usage Contract; and,
WHEREAS, County solicited Trash and Debris Capture Devices as set forth herein, and
Contractor has represented that it is qualified to provide Trash and Debris Capture Devices to the County
as further set forth herein; and,
WHEREAS, Contractor agrees to provide Trash and Debris Capture Devices to the County as
further set forth in the Scope of Work, attached hereto as Attachment A and incorporated herein; and,
WHEREAS, County agrees to pay Contractor the fees as further set forth in Contractor's Pricing,
attached hereto as Attachment B and incorporated herein;
NOW THEREFORE, the Parties mutually agree as follows:
ARTICLES
1. Scope of Contract: This Contract, including attachment(s), specifies the contractual terms and
conditions by which the Contractor will provide Trash and Debris Capture Devices, on an "as
needed" basis under a usage Contract, as set forth in the Scope of Work identified as Attachment A to
this Contract.
2 Term: The term of this Contract shall be effective March 10. 2015 and shall continue for five (5)
years from that date, unless otherwise terminated as provided herein.
3. Contingency of Finds: Contractor acknowledges that funding or portions of funding for this
Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of
funds by, the state of California to County; and inclusion of sufficient funding for the services
hereunder in the budget approved by County's Board of Supervisors for each fiscal year covered by
this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise
limited, County may immediately terminate or modify this Contract without penalty.
4. Conflict of Interest: The Contractor shall exercise reasonable care and diligence to prevent any
actions or conditions that could result in a conflict with the best interests of the County. This
obligation shall apply to the Contractor; the Contractor's employees, agents, and relatives; sub -tier
Consultants; and third parties associated with accomplishing work and services hereunder. The
Contractor's efforts shall include, but not be limited to establishing precautions to prevent its
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employees or agents from making, receiving, providing or offering gifts, entertainment, payments,
loans or other considerations which could be deemed to appear to influence individuals to act contrary
to the best interests of the County.
5. Child Support Enforcement Requirements: Contractor is required to comply with the child support
enforcement requirements of the County. Failure of the Contractor to nomply with all federal, state,
and local reporting requirements for child support enforcement or to comply with all lawfully served
Wage and Earnings Assignment Orders and Notices o£.AssigDment shall constitute a material breach
of the Contract Failure to cure such breach within 60 calendar days of notice from the County shall
constitute grounds for termination of the Contract.
Publication: No copies of sketches, schedules, written documents, computer based data,
photographs, maps or graphs, including graphic art work, resulting from performance or prepared in
connection with this Contract, are to be released by Contractor and/or anyone acting under the
supervision of Contractor to any person, partnership, company, corporation, or agency, without prior
written approval by the County and District, except as necessary for the performance of the services
of this Contract. All press contacts, including graphic display information to be published in
newspapers, magazines, etc., are to be administered only alter County approval.
News/Information Release: The Contractor agrees that it will not issue any news releases or make
any contact with the media in connection with either the award of this Contract or any subsequent
amendment of, or effort under this Contract. Contractors must first obtain review and approval of said
news media contact from the County through the County's Project Manager, Any requests for
interviews or information received by the media should be referred directly to the County.
Contractors are not authorized to serve as a media spokespersons for County projects without first
obtaining permission from the County Project Manager.
8. Breach of Contract: The failure of the Contractor to comply with any of the provisions, covenants or
conditions of this Contract, shall constitute a material breach of this Contract. In such event the
County may, and in addition to any other remedies 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 cure the breach;
b. Discontinue payment to the Contractor for and during the period in which the Contractor
is in 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 Parties 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 not
disposed of in a reasonable period of"time by the Contractor's Supervisor and the County's project
manager as specified in Article 12. "Notices" by way of the following process, such matter shall 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 demand for a final decision
regarding the disposition of any dispute between the Parties arising under, related to, or
involving this Contract, unless the County, on its own initiative, has already rendered
such a final decision.
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b. The Contractor's written demand shall be fully supported by factual 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 are accurate and e.omplete, and that the
amount requested accurately reflects the Contract adjustment for which the Contractor
believes the County is liable.
L. 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 goods and/or provision of services. The Contractor's
failure to diligently proceed ;hall 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 render a
decision within 90 days after receipt of the Contractor's demand, it shall be deemed a
final decision adverse to the Contractor's contentions. The County's final decision shall
be conclusive and binding regarding the dispute unless the Contractor commences action
in a court of competent jurisdiction to contest such decision within 90 days following the
date of the County's final decision or one year following the accrual of the cause of
action, whichever is later.
10. Orderly Termination: Upon termination or other expiration of this Contract, 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 transfer of all assets, tangible and intangible, as may be necessary
for the orderly, non -disruptive business continuation of each Party.
11. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor
shall be complete and shall be carefully checked by the professional(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 errors and/or omissions. If the County discovers any errors or omissions prior to
approving Contractor's reports, files and other written documents, the reports, files or documents will
be returned to Contractor for correction. 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 documents will
be returned to Contractor for correction.
12. Notices: Any and all notices, requests demands and other communications contemplated, called for,
permitted, or required to be given hereunder shall be in writing, except through the course of the
parties' project managers' routine exchange of information and cooperation during the terms of the
wotk and services, Any written communications shall be deemed to have been duly given upon actual
in-person 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 mailed by US certified or tegtstered mail, return receipt
requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All
communications shall be addressed to the appropriate patty 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 Public Works/OC Engineering
Attn: Charles Busslinger
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County Of Orange, OC PUblie Works M.4-080-1.5011198
United Storm Water, Inc.
2301 N Glassell St,
Orange, CA 92865
Phone: 714-955-0614
Email charles.busslingeT@ocpw.ocgov.com
ocpw.ocgov.com
cc• OC Public Works/Procurement Services
Attn_ Eddie Perkins, County DPA
300 N. Flower Street, Suite 838
Santa Ana, CA 92703
Phone. 714-667-9635
Email: eddie.perkins@ocpw.ocgov.com
Contractor: United Storm Water, Inc.
Attn: Lydia Perry
14000 E. Valley Blvd.
City of Industry, CA 91746
Phone: 626-890-7078
Email. lydia@umtedstormwater.com
13. Governing Law and Venue- This Contract has been negotiated and executed in the State 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 Contract, the sole and exclusive venue shall be a
court of competent jurisdiction located in Orange County, California., and the Parties hereto agree to
and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure
section 394. Furthermore, the Parties specifically agree to waive any and all rights to request that an
action be transferred for trial to another County.
14. Entire Contract: This Contract, including attachments which are attached hereto and incorporated
herein by this reference, when accepted by the Contractor either in writing or by the shipment of any
article or other commencement of performance hereunder, contains the entire Contract between the
Parties with respect to the matters herein and there are no restrictions, promises, warranties or
undertakings other than those set forth herein or referred 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 or supplemental Contracts by any County
employee or agent, including but not limited to installers of software, shall not be valid or binding on
County unless accepted in writing County's Purchasing Agent or his designee
15. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in
writing and signed by the Parties, no oral understanding or agreement not incorporated herein shall be
binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid of
binding on County unless authorized by County in writing.
16. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state
sales or use tax
17. Delivery: Time of delivery of goods or services is of the essence in this Contract. County reserves
the right to refuse any goods or services and to cancel all or any part of the goods not conforming to
applicable specifications, drawings samples or description, or services that do not conform to the
prescribed Scope of Work. Acceptance of any part of the order for goods shall not bind County to
accept future shipments, nor deprive it of the right to return goods already accepted, at Contractor's
expense. Overshipments and underahipments of goods shall be only as agreed to in writing by
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County. Delivery shall not be deemed to be complete until all goods, or services, have actually been
received and accepted in writing by County.
18, Acceptance/Payment: Unless otherwise agreed to in writing by County, 1) acceptance shall not be
deemed complete unless in writing and until all the goods/services have actually been received,
inspected, and tested to the satisfaction of County, and 2) payment shall be made in an ears.
19. Warranty: Contractor expressly warrants that the goods/sci vices covered by this Contract are 1) free
of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are
used, and 3) fit for the particular purpose for which they are intended. Acceptance of !his order shall
constitute an agreement upon Contractor's part to indemnify, defend and hold County and its
indemnities as identified in Article "46" below, and as more fully described in Article"46", harmless
from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by
County by reason of the failure of the goods/services to conform to such warranties, faulty work
performance, negligent or unlawful acts, and non-compliance with any applicable state or federal
codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and
the California Industrial Safety Act. Such remedies shall be in addition to any other remedies
provided by law.
20. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in
this Contract, Contractor shall be solely responsible for clearing the right to use any patented or
copyrighted materials in the performance of this Contract. Contractor warrants that any software as
modified through services provided hereunder will not infringe upon or violate any patent, proprietary
right, or trade secret right of any third party. Contractor agrees that, in accordance with the more
specific requirement contained in Article "46" below, it shall indemnify, defend and hold County and
County Indemnities harmless from any and all such claims and be responsible for payment of all
costs, damages, penalties and expenses related to or arising from such claim(s), including; but not
limited to, attorney's fees, costs and expenses.
21. Assignment or Subcontracting: The terms, covenants, and conditions contained herein shall apply
to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore.
neither the performance of this Contract nor any portion thereof may be assigned or subcontracted by
Contractor without the express written consent of County. Any attempt by Contractor to asoign or
sub -contract the performance or any portion thereof of this Contract without the express written
consent of County shall be invalid and shall constitute a breach of this Contract.
22. Non -Discrimination: In the performance of this Contract, Contractor agrees that it will comply with
the. requirements of Section 1735 of the California Labor Code and not engage nor permit any
subcontractors to engage in discrimination in employment of persons because of the race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
marital status, or sex of such persons. Contractor acknowledges that a violhtion of this provision shall
subject Contractor to all the penalties imposed for a violation of Anti -Discrimination Law or
regulation, including but not limited to, Section 1720 et sin. of the California Labor Code
23. Termination: In addition to any nthcr remedies or rights it may have by taw and those set forth In
this Contract, County has the right to terminate this Contract without penalty immediately with cause
or after 30 days' written notice without causer, unless otherwise specified, Cause shall be defined as
any breach of Contract, any misrepresentation or fraud on the part of the Contractor. Exercise by
County of its right to terminate the Contract shall relieve County of all further obligations.
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24. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and
no breach mcused, unless such waiver or consent shall be in writing and signed by the Party claimed
to have waived or consented 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 excuse for any other
different or subsequent breach.
25. Remedies Not Exclusive: The remedies for breach set forth in this Contract are cumulative as to one
another and as to any other provided by law, rather than exclusive, and the expression of certain
remedies in this Contract does not preclude resort by either Party to any other remedies provided by
law.
26 Independent Contractor: Contiactor shall be considered an independent Contractor and neither the
Contractor, its employees, nor anyone working for Contractor under this Contract shall be considered
an agent of an employee of County. Neither the Contractor, employees nor anyont: working for the
Contractor under this Contract shall qualify for workers' compensation or othei fd ge benefits of any
kind through County.
21 Performance. Contractor shall perform all work under this Contract, tatting necessary steps
and precautions to perform the work to County's satisfaction. Contractor shall be responsible for the
professional quality, technical assurance, timely completion and coordination of all documentation
and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all
work diligently, carefully, and in a good and workman -like manner; shall furnish all labor,
supervision, machinery, equipment, materials, and supplies necessary therefore; shall at its sole
expense obtain and maintain all permits and licenses required by public authorities, including those of
County required in its governmental capacity, in connection with performance of the work, and, if
permitted to subcontract, shall be fully responsible for all work performed by subcontractors.
28. Insurance Provisions: Prior to the provisions of services under this Contract, the Contractor agrees
to purchase all required insurance at Contractor's expense and to deposit with the County Certificates
of Insurance, including all endorsements required herein, necessary to satisfy the Country that the
insurance provisions of this Contract have been complied with and to keep such insurance coverage
and the certificates therefore on deposit with the County during the entire term of this Contract. In
addition, all subcontractors performing work on behalf of Contractor pursuant to this Contract shall
obtain insurance subject to the same terms and conditions as set forth herein for Contractor.
All self-insured retentions (SIRS) and deductibles shall be clearly stated on the Certificate of
Insurance. If no SIRs or deductibles apply, indicate this on the Certificate of Insurance with a 0 by
the appropriate line of coverage. Any self-insured retention (SIR) or deductible in an amount in
excess of $25,000 ($5,1700 for automobile liability), shall specifically be approved by the County
Executive Office (CEO)/Office of Risk Management.
If the Contractor fails to maintain insurance acceptable to the County for the full term of this
Contract, the County may terminate this Contract.
Oualllied Insurer: Minimum insurance company ratings as determined by the most current edition
of the Best's Key Rating Guide/Pronerty-Casualty/United States or ambest.com shall be A -
(Secure A.M. Best's Rating) and VIII (Financial Size Category).
The policy or policies of insurance must be issued by an insurer licensed to do business in the state of
California (California Admitted Carrier). If the carrier is a non -admitted carrier in the state of
California and does not meet or exceed an A.M Best rating of A -/VIII, CEO/Office of Risk
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Management retains the right to approve or reject carrier after a review of the company's performance
and financial ratings. If the non -admitted carrier meets or exceeds the minimum A.M. Best rating of
A -NW. the agency can accept the insurance.
This policy or policies of insurance maintained by the Contractor shall provide the minimum limits
and coverage as set foi th below
Coverase
Commercial General Liability
.Automobile Liability including coverage
for owned, non -owned and hired vehicles
Workers' Compensation
Employers' Liability Insurance
Professional Liability Insurance
Required Comm Forms
Minimum Limits
$1,000,000 per occurrence
$2,000,900 aggregate
$1,000,000 per occurrence
Statutory
$1,000,000 per occurrence
$1,000,000 per claims made
or per occurrent..
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form
CG 00 01, or a substitute form providing liability coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012,
CA 00 20, or a substitute form providing coverage at least as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall
accompany the Certificate of insurance:
1) An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at
least as broad naming the County of Orange, its elected and appointed officials,
officers, employees, agents as Additional Insureds.
2) A primary non-contributing endorsement evidencing that the contractor's insurance is
primary and any insurance or self-insurance maintained by the County of Orange shall
be excess and non-contributing.
All insurance policies required by this contract 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 Workers' 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 employees.
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All insurance policies required by this contract shall give the County of Orange 30 days notice in the
event of cancellation and 10 days for non-payment of premium. This shall be evidenced by policy
provisions or an endorsement separate from the Certificate of Insurance.
If Contractor's Professional Liability policy is a "claims made" policy, Contiactor shall agree to
maintain professional liability coverage for two years following completion of contract.
The Commercial General Liability policy shall contain a severability of interest's clause also known
as a "separation of insureds" clause (standard in the ISO CG 0001 policy).
Insurance certificates should be forwarded to:
County of Orange, OC Public Works
Procurement Services
300 N. Plower, Suite 838
Santa Ana, CA 92703
If the Contractor fails to provide the insurance certificates and endorsements within seven days of
notification by OC Public Works Procurement Division, award may be made to the next qualified
vendor.
County expressly retains the right to require Contractor to increase or decrease insurance of any of the
above insurance types throughout the term of this Contract. Any increase or decrease in insurance
will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.
County shall notify Contractor in writing of changes in the insurance requirements. If Contractor
does not deposit copies of acceptable certificates of insurance and endorsements with County
incorporating such changes within thirty days of receipt of such notice, this Contract may be in breach
without further notice to Contractor, and County shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit
Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this
Contract, nor act to any way to reduce the policy coverage and limits available from the insurer.
29. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and equipment
used in performance of the work. Contractor shall not permit any lien or charge to attach to the work
or the premises, but if any does so attach, Contiaetor shall promptly procure its release and, to
accordance with the requirements of Article "46" below, indemnify, defend, and hold County
harmless and be responsible for payment of all costs, damages, penalties and expenses related to or
arising from or related thereto.
30 Changes: Contractor shall make no changes in the work or perform any additional work without the
County's specific written approval.
31. Change of Ownership: Contractot agrees that if there is a change or transfer in ownership of
Contractor's business prior to completion of this Contract, the new owners shall be required under
terms of sale or other transfer to assume Contractor's duties and obligations contained in this Contract
and complete them to the satisfaction of County..
32. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory
performance penalties during any delay beyond the time named for the performance of this Contract
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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 houis
of the start of the delay and Contractor avails himself of any available remedies.
33. Confidentiality: Contractor agrees to maintain the confidentiality of all County and County and
County -related records and information pursuant to all statutory laws relating to privacy and
confidentiality that currently exist or exist at any time during the term of this Contract. All such
records and information shall be considered confidential and kept confidential by Contractor and
Contractor's staff, agents and employees.
34. Compliance with Laws, Contractor represents and warrants that services to be provided under this
Contract shall fully comply, at Contractor's expense, with all standards, laws, statutes, restrictions,
ordinances, requirements, and regulations (collectively "laws"), including, but not limited to those
issued by County in its governmental capacity and all other laws applicable to the services at the time
services are provided to and accepted by County. Contractor acknowledges that County is relying on
Contractor to ensure such compliance, and pursuant to the requirements of Article "46" below,
Contractor agrees that it shall defend, indemnify and hold County and County Indemnitees harmless
from all liability, damages, costs and expenses arising from or related to a violation of such laws.
35. Freight (F.O.B. Destination): Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with delivery of
all products deemed necessary under this Contract.
36. Pricing: The Contract price, as more fully set forth in Attachment B, shall include full compensation
for providing all required goods in accordance with required specifications, or services as specified
herein or when applicable, in the Contractors Pricing attached to this Contract, and no additional
compensation will be allowed therefore, unless otherwise provided for in this Contract,
37. Waiver of Jury Trial: Each Party acknowledges that it is aware of and has 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, does hereby expressly and knowingly waive and release all
such rights to trial by jury in any action, proceeding or counterclaim brought by any Party hereto
against the other (and/or against its officers, directors, employees, agents, or subsidiary or affiliated
entities) on or with regard to any matters whatsoever arising out of or in any way connected with this
Contract and /or any other claim of injury or damage.
38. Terms and Conditions. Contractor acknowledges that it haN read and agrees to all terms and
conditions included in this Contract.
39. Headings: The various headings and numbers herein, the grouping of provisions of this Contract into
separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only
and shall not limit or otherwise affect the meaning hereof.
40. Severability: If any term, covenant, condition or provision of this Contract is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof
shall remain in full force 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 Fees: In any action or proceeding to enforce or interpret any provision of this Contract. or
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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 Contiact has been negotiated at arm's length and between persons sophisticated
and knowledgeable in the matters dealt with in this Contract. In addition, each Party has been
represented by experienced and knowledgeable independent legal counsel of their own choosing, or
has knowingly declined to seek such counsel despite being encouraged and given the opportunity to
do so. Each Party furthei acknowledges that they have not been influenced to any extent whatsoever
in executing this Contract by any other Party hereto or by any person representing them, or both.
Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision that
would require interpretation of any ambiguities in this Contract against the Party that has drafted it is
not applicable and is waived. 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 thai this Contract has been duly
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 warrants that it fully complies with all Federal
and State statutes and regulations regarding the employment of aliens and others and that all its
employees performing work under this Contract meet the citizenship or alien status requirement set
forth in Federal statues and regulations. The Contractor shall obtain, from all employees performing
work hereunder, all verification and other documentation of employment eligibility status required by
Federal or State statutes and regulations including, but not limited to, the Immigration Reform and
Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter
amended. The Contractor shall retain all such documentation for all covered employees for the
period prescribed by the law. The Contractor shall indemnify, defend with counsel approved in
writing by County, and hold harmless, the County, its agents, officers, and employees from employer
sanctions and any other liability which may be assessed against the Contractor or the County or both
in connection with any alleged violation of any Federal or State statutes or regulations pertaining to
the eligibility for employment of any persons performing work under this Contract.
46. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by
County, and hold County, its elected and appointed officials, officers, employees, agents and those
special districts and agencies which County's Board of Supervisors acts as the governing Board
("County Indemnitees") harmless from any claims, demands or liability of any kind or nature,
including but not limited to personal injury or property damage, arising from or related to the
services, products or other performance provided by Contractor pursuant to this Contract If judgment
is entered against Contractor and County by a court of competent jurisdiction because of the
concurrent active negligence of County or County Indemnitees, Contractor and County agree that
liability will be apportioned as determined by the court. 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, are approximate, based upon the last usage. The Contractor agrees to
supply services and/or commodities requested, as needed by the County.. at prices listed in the
Contract, regardless of quantity requested. Orders may be placed against this contract at the
convenience of the using agency/department.
48. Audits/Inspections: 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
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County) access during normal working hours to all books, accounts, records, reports, files, financial
records, supporting documentation, including payroll and accounts payable/receivable records, and
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 performance of the Contract including, but not limited to, the costs of
administering the Contract. The County will provide reasonable notice of such an audit or inspection.
The County reserves the right to audit and verify the Contractor's records before final payment is
made.
Contractor agrees to maintain such records for possible audit for a minimum of three years after 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
information related to such records. Further, contractor agrees to include a similar right to the County
to audit records and interview staff of any subcontractor related to performance of this Contract.
Should the Contractor cease to exist as a legal entity, the contractor's records pertaining to this
agreement shall 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 Code 1773): Pursuant to the provisions of Section 1773 of the Labor Code
of the 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 are available from
the Director of the Department of Industrial Relations at the following website:
littn:!/weA,w.dir.ca.eov/dlsr/DPreWageDetermination.htm The Contractor shall post a copy of such
wage rates at the job site and shall pay the adopted prevailing wage rates. The Contractor shall
comply with the provisions of Sections 1775 and 1813 of the Labor Code.
50. Cooperative Agreement: The provisions and pricing of this Contract will be extended to other
California local or state governmental entities. Governmental entities wishing to use this Contract will
be responsible for issuing their own purchase documents/price agreements, providing for their own
acceptance, and making any subsequent payments. Contractor shall be required to include in any
contract entered into with another agency or entity that is entered into as an extension of this Contract
a contract clause that will hold harmless the County of Orange from all claims, demands, actions or
causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected
with the use of this Contract. Failure to do so will be considered a material breach of this Contract
and grounds for immediate Contract termination. The cooperative entities are responsible for
obtaining all certificates of insurance and bonds required. The Contractor is responsible for providing
each cooperative entity a copy of the Contract upon request by the cooperative entity. The County of
Orange makes 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 spent annually and shall be provided on an annual basis to the County,
at the County's request.
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United Storm Water, lim
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date first above written.
UNITED STORM WATER, INC.*
a state of California corporation
By
Print
Name Eduardo Perry Jr.
Title President
Corporate Officer
Date 2-1/2—/ 1
COUNTY OF ORANGE
a political subdivision of the State of California
r
Q4By /
Print
IN
Name a il'p- kA
Title Deputy (Purchasing Agent
Date
Print
Name Robert Pina
Title Secretanff
Corporate Officer
Date
If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman
of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant
Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is
sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories
described above. For County purposes, proof of such dual office holding will be satisfied by having the
individual sign the instrument twice, each time indicating his or her office that qualifies under the above
described provision. In the alternative, a single corporate signature is acceptable when accompanied by a
corporate resolution demonstrating the legal authority of the signator to bind the corporation.
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ATTACHMENT A
SCOPE OF WORK
1. BACKGROUND
The Orange County Transportation Authority's (OCTA) Environmental Cleanup Program (ECP) provides
a two percent allocation of annual gross Measure M2 (M2) revenues to improve overall water quality in
Orange County from transportation -related pollution. The ECP competitive funds can be used to
implement water quality improvement projects addressing pollutants originating from or conveyed
through transportation systems. These funds will assist Orange County cities and the County of Orange
in meeting federal Clean Water Act standards for urban runoff through the purchase and installation of
recognized structural best management practices (BMPs). Third parties such as public water and
wastewater agencies, environmental advocacy organizations, and homeowners associations may also
nominate projects through a municipality that is willing and able to take responsibility for carrying out
and maintaining the project.
The ECP's Tier 1 Grant Program funds the purchase and installation of small to medium scale 13MPs that
capture and/or treat pollutants. Water quality projects, regardless of the type of technology implemented,
are eligible for Tier 1 funding provided they have a verifiable benefit to water quality and fall within the
maximum per project programming cap. The Tier 1 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 http://www.octa.neVMeasure-M/Environmental!Water-OualitvJOverview/.
A total of up to $19.5 million is available for the Tier 1 program over a seven-year window of fiscal year
2011-12 through fiscal year 2017-18 with approximately $2.8 million available for each call. Three calls
for projects have been held to date for Tier 1. OCTA will reassess the call for projects cycle and funds
available following the completion of fiscal year 2017-18.
11. DESCRIPTION OF PROJECT
In concert with the M2 Grant Program, this Scope of Work is designed to assemble a panel of Contractors
to achieve economies of scale on a list of fixed unit prices for the purchase and installation of equipment
and devices designed to remove litter, debris, and other water quality pollutants, herein referred to as
"Stormwater Treatment Devises." 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, construct, deliver, and install Stormwater Treatment Devices. Agencies
wishing to use the Master Agreement may purchase SMPs with M2 grant monies or any other funding
source.
Accordingly, the goal of this RFP is to establish a Master Agreement that achieves strategic savings that
would benefit the County and OCTA to act as the purchasing and contract administrators for M2 grant -
eligible entities. Proposals that do not provide a discounted price that offer economies of scale that are
more than standard bulk pricing/installation listing 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 for Orange County municipalities, including those 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 Contractor(s).
The eligible qualifications are discussed below.
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Each selected Contractor will be under contract with the County of Orange's OC Public Works
Department and OCTA, but will take primary direction from local agency_ Contractor's will directly
invoice and be paid by the local agency.
III. ELIGIBILITY QUALIFICATIONS
Stormwater Treatment Devices must be capable of handling flows from a design stone of 0.2-
inches/hour.
The hydrologic method to be used to calculate the flow associated with LID and water quality design
storm flow is-
F,qui,d = C x I x A
Where Fngl,;,,d = Flow capacity (cubic feet/sec); C = runoff coefficient (ranges from 0 to 1); f = 0.2
inches/hour; and A = tributary area (acres).
Treatment devices should also be able to operate in a hydraulic surcharge 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 be eligible for consideration are:
A. Hydrodynamic Separation and Gross Solids Removal Devices
Hydrodynamic separators are flow-through structures with a settling or separation unit to remove
sediments and other pollutants and are widely used in stormwater treatment. No outside power
source is required, because the energy of the flowing water allows the sediments to efficiently
separate. Depending on the type of unit, this separation may be by means of centrifugal force or
indirect filtration.
Gross Solids Removal Devices (either linear radial or inclined screen) are structural best
management practices designed to remove trash, vegetative material, and other particles of
relatively large, gross size from stormwater runoff
B. Catch Basin Inserts
Catch basin inserts are designed to remove oil and grease, trash, debris, and sediment and
improve the efficiency of catch basins. Some inserts are designed to drop directly into existing
catch basins, while others may require retrofit construction. Several varieties of catch basin
inserts exist for filtering runoff.
C. Automatic Retractable Screens
Automatic retractable screens are mounted inside a storm drain inlet and are designed to remain
closed to capture debris during the dry season During storm events, the screens rettact, allowing
heavy flows to enter the storm drain.
D. Cartridge Filter -type Control Devices
Cartridge filter—type controls typically consist of a series of vertical filters contained in a vault or
catch basin that provide treatment through filtration and sedimentation,
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E. Biological Treatment Devices
Bioretention devices include raingardens, swales, and filter strips; all use plants and substrate to
detain and filter stormwater to reduce excessive runoff from roads and paved surfaces, and
provide opportunities for enhancing natural landscape and biodiversity elements in the urban
environment.
F. In-line Trash and Debris Capture Devices (Trash Booms and Trash Nets)
Trash booms and nets are designed to assist in the control, containment and recovery of floating
trash, debris, timber, urban waste or aquatic plants. Typically built as floating structures, these
devices are designed to control pollution along the surface of the water.
IV. REQUIREMENTS
• The devices shall be ready for shipment, delivery and/or installation within two months of receipt
of orders.
o Warranty on parts and labor shall be for a minimum of 10 years.
V. EQUIPMENT DESIGN AND SPECIFICATIONS REPORT
All proposals shall include information pertaining to the proposed stormwater treatment device, including,
but not limited to: product description, 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 does not address all aspects
of the following evaluation criteria andlor cannot be readily located within the Report will be deemed
incomplete. Please provide a basis for all estimated values.
A. Description/Design/Engineering
- Describe how the equipment meets the intent of the OCTA Tier 1 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 (i.e., stainless steel, grade, plastic, ctc.).
Flow or range of flows for which equipment is rated (in cubic feet per second).
Estimated design life of the equipment.
B. Performance Effectiveness
Performance effectiveness in reducing trash, litter, debris and other transportation related
pollutants (percent reduction) and associated transportation related 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).
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Overflow or bypass flow capacity of the equipment when full of trash and overflowing (i.e.,
storage capacity of the equipment when the one-year, one hour storm is no longer fully
filtered) (if applicable).
Maximum overflow or bypass flow capacity of the device (i.e., 10 -year storm event) (if
applicable).
Device performance effectiveness in terms of pounds of trash removed per total project cost
(see section V, F.)
C. Siting, Operation, and Maintenance
- Description of Contractor's installation process including consultation and review of device
locations with municipal staff, traffic control during installation, and estimated time required
to install each device.
- Description of the site-specific measurements and other information a municipality must
provide the Contractor for determining the appropriate size and configuration of the device
for that location (i.e. Eligible 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 requirements (describe in detail how the device must be maintained and the
approximate amount of time required for cleaning or maintenance. In addition, discuss
whether the device has design capabilities for easy removal for cleaning or maintenance).
Estimated life cycle costs for maintenance.
- Durability against external factors, such as street sweeping, cat parking, etc.
- Availability of replacement parts and life expectancy
- Warranty coverage and duration.
- Aesthetics and safety.
- Any key factors that makes the device unique among other products
D. Contractor's Installation Background
_ability of Contractor to have staff and/or subcontractor(s) to manufacture device and provide
installation to eligible entities within Orange County
- Fxperience, background, training, and number of staff and/or subcontractor(s) who will fabricate
and/or install device.
E. Operating Locations, References, and Certifications
A minimum of three locations, inclusive of address or nearest intersection, and photos of
device in operation within southern California, preferably Orange County.
Certifications obtained from public agencies and/or Regional Water Quality Control Boards.
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VI. PROJECT MANAGEMENT, COORDINATION, AND ADMtMTRATION
A kick-off meeting with selected Contractors and the County and OCTA shall be held to discuss the
contractual terms of the Master Agreement. This will establish management, coordination, and
administration protocols, and address other issues, as necessary, to ensure that the contractual terms are
met. The Contractor's Project Manager shall communicate and coordinate to a timely manner all work
and progress with the Cuunty's Purchasing and Contract Services Manager and OCTA's ECP Manager
A monthly progress report detailing the stormwater treatment device purchases and installation per local
agency shall be prepared by the Contractor's Project Manager and submitted to the County's Purchasing
and Conusct Services Manager and OC IA's ECP Manager
Progress reports shaII include the ongoing status of work, significant accomplishments, problems
encountered and anticipated with potential solutions, and work planned for the next month (by task and
responsible person). In addition, the Contractor will be responsible for developing a Tier 1 Program
spreadsheet to capture information from. awarded ECP entities. The database will contain the following.
Name of Entity
Contact Name
Contact Phone Number
Contact E-mail Address
Date of Installation
Device inventory number, name, and type
- Size/capacity of device
- Location of installations
- Best estimate of catchment area
- Anticipated number of installations within the next month
The monthly progress report shall be received no later than the tenth (10th) calendar day of the month.
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ATTACHMENT B
CONTRACTOR'S PRICING
I. COMPENSATION: This is a usage Contract between the County and Contractor for 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 this Contract as full
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 risks connected with the services, and for performance by
the Contractor of all its duties and obligations hereunder. The Contractor shall only be compensated as
set forth herein below for work performed in accordance with the Scope of Work. The County shall have
no obligation to pay any sum 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.
II. PRICING: Payment shall be made in accordance with the provisions of this Contract. Payment shall
be as follows:
QUAHM & SfZE
DEVICE TYPE QTY W
Esr MINIM
GF.lN1N: I�FiIPMENr3 OEVIf� TOTALdE4ICE OPERATIIONB TOTAL
H aGeul�tGiG EAaltlCArioN INBYAUATION AMAINT ESTIMATED
"FATT INM_vo ..• -_ ___
Option 1: ARS
Only
-
1.7Afl ••
�^
Wing -Gate
ARS
1
24" - 60"
3"- 14'
$49.22
$49.42
$224.54
$613.88
$143.30
$184.50
$462.06
$847.80
$0.00
$0.00
$462.06
$847.80
Wing -Gate
ARS
1
61"-101
3" -14"
Wing -Gate
ARS
1
10.1'-16'
3"-14"
$57.88
$1,153.60
$287.90
$1499.38
$0.00
$1,499.38
Wing -Gate
ARS
1
IVY -21'
3" -14"
$83.12
$1,442.00
1312.20
$1,837.32
$0.00
$1,837.32
Wing -Gate
ARS
1
21.1'- 28'
3" -14"
$122.05
$1,790.40
$432.20
12,344.65
$0.00
$2,344.65
Wing -Gate
ARS
1
28.1' - 35'
T-14'_
$162.13
$2,018.80
$442.61
$2,623.54
$0.00
$2,623.54
Option 2: CPS
Only
Connector Pipe
Screen
1
28"
18"
$17.44
$145.75
$145.75
$145.75
$205.12
$368.31
$15.00
$383.31
Connector Pipe
Screen
1
28.1"-42"
18.10-36.
$205.12
$205.12
$368.31
$368.31
$15.00
$15.00
$383.31
$383.31
Connector Pipe
Semen
1
42.1"-601
36.1'-52-
_$17.44
$17.44
Option 3: ARS
& CPS
ARS & CPS
1
24" - 60"
$66.66
$370.29
$348.42
$785.37
$15.00
$800.37
ARS & CPS
1
61"_ 10,
_
$66.66
$759.63
$422.62
$1425.91
$15.00
$1,440.91
ARS & CPS
1
10.11- f6l
$75.32
$1299.35
$493.02
$1,921.69
$15.00
$1,936,69
ARS & CPS
1
16'X-21'
$100.56
$1,587.75
$517.32
$2,393.83
$15.00
$2468.
2 408.63
ARS & CPS
1
21.1'- 28'
$139.49
$1936.15
$517.32
$2,694.96
$15.00
$2,709.96
ARS &CPS
1
28.1' - 35'
$179.57
$2164.55
$590.12
$2,934.24
$15.00
$2,949.24
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Option 4:
Filter Insert
Onl
DrainPac, Curb
Inlet
1
24" . 42'
12'
$17.90
$297.48
$94.15
$409.53
$15.00
$424.53
DrainPac, Curb
[riot
1
43" , 60"
12"
$17.90
t339.73
$94.15
$451.78
$15.00
$466.78
DrainPac, Curb
Inlet
1
81" -10'
12"
$17.90
$737.94
$183.17
$939.01
$15.00
$954.01
DrainPac, Curb
Inlet
1
10.11-16,
12"
$17.90
$946.20
$289.04
$1,253.14
$15.00
$1,268.14
DrainPac, Curb
Inlet
1
16.1' - 21'
12"
$17.90
$1,012.70
$389.04
$1,419.64
$15.00
$1434.64
DralnPac, Curb
Inlet ,
1
21.1'-28'
12"
$17.90
$1,296.12
$492.14
$1,806.16
$15.00
$1,821.16
DranPac, Curb
Inlet
1
28.1'- 35'
12"
$17.90
$1821.12
$586.86
$2,425.88
$15.00
$2,440.88
DrainPaq Drop
Inlet
1
12" x 12"
IT
$17.90
$164.12
$92.75
$274.77
$15.00
$289.77
DrainPac, Drop
Inlet
1
18" x 18"
12"
$17.90
$214.12
$92.75
$324.77 1
$15.00
$339.77
DrainPac, Drop
inlet
1 1
24" x 24"
12"
$17.90
$274.10
$92.75
$384.75
$15.00
$399.75
DrainPac, Drop
Inlet
1
36" x 36"
12'
$17.90
$340.44
$92.75
$451.09
$15.00
$466.09
DrainPac, Drop
Inlet
1
48" x 48"
12"
$17.90
$537.19
$92.75
$647.84 1
$15.00
$662.84
Total Device Cost- Assumptions:
Rates shown include prevailing wage.
Rates shown include cost for materials, labor, and equipment needed for measurement, Fabrication, and installation of the required devices.
Rates shown do not include the cost for one-time catch basin cleaning and disposal prior to installation.
Rates shown do not include painting of staff gauge within the catch basins.
Rates shown do not include the cost for water testing ARS installations.
" Total Estimated Coat:
The `Estimated Operations & Maintenance Cusr shown is for reference only and depicts the approximate cost for one time cleaning of the installed devices.
The 'Total Estimated Cosr shown is for reference only and depicts dre actual installed device cost plus the "Estimated Operations & Maintenance cost.
M. PRxCiE INCREASES/DECREASES: 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 enforce, adjust, negotiate, or cancel escalating price
Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will
remain firm during the period of the Contract. Adjustments increasing the Contractor's profit will not be
allowed.
IV. FIRM DISCOUNT AND PRICING STRUCTURE: Contractor guarantees that prices quoted are equal to or
less than prices quoted to any other local, State or Federal government entity for services of equal or
lesser 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 EXPENSE: The Contractor will be responsible for all costs related to photo copying,
telephone communications and fax communications while on County sites during the performance of
work and services under this Contract.
P08019 Page
19of20
County of Orange, OCPubkc Works
United Storm Water, Ine
AIA -080-15011198
VI. PAYMENT TERMS: Invoices are to be submitted in arrears, after services have been completed, to the
address specified below. Payment will be net 30 days after receipt of an invoice in a foimat acceptable to
the County of Orange Invoices shall be verified and approved by the County 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 are not acceptable and will be
returned to the Contractor for correction.
Billing shall cover services and/or goods not previously invoiced. The Contractor shalt reimburse the
County of Oxange for any monies paid to the Contractor For goods or services not provided or when
goods or services do not meet the contract requirements.
Payments made by the County shall not preclude the right of the County from thereafter disputing any
items or services involved or billed under this contract and shall not be construed as acceptance of any
part of the goods or services.
VII. INVOICING INSTRUCTIONS: The Contractor will provide an invoice on the Contractor's letterhead. Each
invoice will have a unique number and will include the following information:
A. Contractor's name and address
B. Contractor's remittance address, if different from (A), above
C. Name of County agency/department
D. Delivery/service address
E. Contract number
F. Service Date
G. Description of Services
H. Total
I. Taxpayer 1D number
Invoices and support documentation are to be forwarded to:
OC Public Works
Procurement Services
Attn. Accounts Payable
300 N. Flower St., 8th Fl
Santa Ana, CA 92703
Contractor has the option of receiving payment directly to their bank account via an Electronic Fund
Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive Electronic
Remittance Advice with the payment details via email An email address will need to be provided to the
County via an EFT Authorization Form. To request a form, please contact the DPA.
P08019 Page
20 of 2O
EXHIBIT C
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior
to commencement of Work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance
in the State of California, with an assigned policyholders' Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily
injury by accident and each employee for bodily injury by disease in accordance
with the laws of the State of California, Section 3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with coverage
at least as broad as provided by Insurance Services Office form CG 00 01, in
an amount not less than one million dollars ($1,000,000) per occurrence, two
million dollars ($2,000,000) general aggregate. The policy shall cover liability
arising from premises, operations, products -completed operations, personal
and advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with no
endorsement or modification limiting the scope of coverage for liability assumed
under a contract.
C. Automobile Liability Insurance. Contractor shall maintain automobile insurance
at least as broad as Insurance Services Office form CA 00 01 covering bodily
injury and property damage for all activities of Contractor arising out of or in
connection with Work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit each
accident.
United Storm Water, Inc. Page C-1
4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain,
the following provisions.-
A.
rovisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing insurance
evidence in compliance with these requirements to waive their right of recovery
prior to a loss. Contractor hereby waives its own right of recovery against City,
and shall require similar written express waivers from each of its
subconsultants.
B. Additional Insured Status. All liability policies including general liability, excess
liability, pollution liability, and automobile liability, if required, shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents
shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days notice of cancellation (except for nonpayment for which ten (10) calendar
days notice is required) or nonrenewal of coverage for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement
must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at
all times during the term of this Agreement. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time during
the term of the Agreement to change the amounts and types of insurance
required by giving Contractor sixty (60) calendar days advance written notice
of such change. If such change results in substantial additional cost to
Contractor, City and Contractor may renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of
City to request copies of such agreements will not impose any liability on City,
or its employees.
United Storm Water, Inc. Page C-2
D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of non-
compliance with any requirement imposes no additional obligations on City nor
does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by
any insurance. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue and is not intended by any
party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
F. Self-insured Retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these requirements unless approved by City.
G. City Remedies for Non -Compliance If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper evidence
of insurance is provided. Any amounts paid by City shall, at City's sole option,
be deducted from amounts payable to Contractor or reimbursed by Contractor
upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or liability
by such notice, but has the right (but not the duty) to monitor the handling of
any such claim or claims if they are likely to involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
United Storm Water, Inc. Page C-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 7/2/19 Dept./Contact Received From: Raymund
Date Completed: 7/2/19 Sent to: Raymund By: Jan
Company/Person required to have certificate: United Storm Water, Inc
Type of contract: Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 12/31/18 — 12/31/19
A.
INSURANCE COMPANY: Greenwich Insurance Company
B.
AM BEST RATING (A-: VII or greater): A+/ XV
INSURANCE COMPANY: XL Insurance America, Inc.
C.
ADMITTED Company (Must be California Admitted):
B.
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1M/$2M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
N Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
Is Company admitted in California?
include): Is it included? (completed Operations status does
❑ No
D.
not apply to Waste Haulers or Recreation)
N Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
UM, $2M min for Waste Haulers): What is limits provided?
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
N Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
N/A
included?
N Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
N Yes
❑ No
included): Is it included?
N Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
❑ No
H.
is not limited solely by their negligence) Does endorsement
N N/A
❑ Yes
include "solely by negligence" wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 12/31/18-12/31/19
A.
INSURANCE COMPANY: XL Insurance America, Inc.
B.
AM BEST RATING (A-: VII or greater) A+/ XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes
❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
❑ N/A
N Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
N Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
N N/A
❑ Yes
❑ No
1.
NOTICE OF CANCELLATION:
❑ N/A
N Yes
0 No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 12/31/18 —12/31/19
A.
INSURANCE COMPANY: Greenwich Insurance Company
B.
AM BEST RATING (A-: VII or greater): A+ / XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
7/2/19
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
Date
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT AMOUNT
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. SU 1156889
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to United
Storm Water, Inc., hereinafter designated as the "Principal," an Agreement for the purchase
and installation of Catch Basin Connector Pipe Screens, in the City of Newport Beach, in
strict conformity with the Agreement on file with the office of the City Clerk of the City of
Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the Work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set
forth.
NOW, THEREFORE, We the undersigned Principal, and,
Arch Insurance Company duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety")
are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Fifty
Six Thousand Five Hundred Thirty One Dollars and 75/100 ($156,531.75), lawful money
of the United States of America, said sum being equal to 100% of the estimated amount
payable by the City of Newport Beach under the terms of the Agreement; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, or for any
amounts required to be deducted, withheld and paid over to the Employment Development
Department from the wages of employees of the Principal and subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code with respect to such work and labor,
then the Surety will pay for the same, in an amount not exceeding the sum specified in this
Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable
attomeys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the
Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as to
give a right of action to them or their assigns in any suit brought upon this Bond, as required
by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the
State of California.
United Storm Water, Inc. Page D-1
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it
is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 26th day of .lune 2019 .
United Storm Water, Inc.
Name of Contractor (Principal)
Arch Insurance Company
Name of Surety
865 South Figueroa Street, Suite 2700
Los Angeles, CA 90017
Address of Surety
(213) 283-3517
Telephone
Authorized Signature/Title
Authorized Agent S' ure
Arturo Ayala, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURET;' M1JST BE
ATTACHED
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:__ 741 S// 9
By-
ron C. Harp, City Attorneyo��
United Storm Water, Inc. Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles )
On June 27, 2019
before me,
personally appeared Eduardo C. Perry, Jr
Lillian Valdivieso, Notary Public
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(o) is/ur-
subscribed to the within instrument and acknowledged to me that he/r"cc/t"ecyr executed the same in
his/her/thoir authorized capacity(icc), and that by his/ho /t"o r signature(:) on the instrument the
person( -j), or the entity upon behalf of which the person(:) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Lllllan Valli ieso
WITNESS my hand and official seal. ,' Comm. 02142550
°�. Notary Public California
Los Angeles County
fWmm. Expires Feb 29, 2020
Seal
Signature ��
g (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of )SS.
On
20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of Orange )Ss.
On June 26th 2019 before me,
Melissa Ann Vaccaro Notary Public, personally appeared
Arturo Ayala I who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the. laws of the State of Califomia that the foregoing
paragraph is true and correct I
MELISSA ANN VACCARO 1(
COMM. #224!394 M
ITN S.m and and fficial seal. U
\ o Nocaiyfub/ic-California XP Y Lcc ORANGE COUNTY LLSignature Melissa Ann Vaccaro YCoi""'.rx"res May 12,2022
y—�;,�(seal)
United Storm Water, Inc. Page D-3
Bond No. SU 1156889
AIC 0000279765
THIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS PRINTED ON BLUE BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in, the
manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential
Value Guarantees. -
POWER OF ATTORNEY
Know All Persons By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal
administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
Arturo Ayala, Daniel Huckabay, Dwight Reilly, Frank Morones and Shaunna Rozelle Ostrom of Orange, CA (EACH)
its true and -lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as
surety, and as its act and deed:
Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding
Ninety Million Dollars ($90,000,000.00).
This authority does not permit the -same obligation -to -be split into two or more bonds In order to bring each such bond within the dollar
limit of authority as set forth herein.
The execution of such bonds, undertakings, recognizances and other- surety obligations in pursuance of these presents'shallbe as
binding upon the said Company as fully and amply to alf_ intents and purposes, as if the same had been duly executed and
acknowledged -by its regularly elected officers at its principal administrative office -in -Jersey City, New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company
on September 15, 2011, true and accurate copies of which are hereinafter set forth and -are hereby certified to by the undersigned
Secretary as being in full force and effect: - - -
"VOTED; That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety
Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and
authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in, their respective powers of
attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances=and
other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of
process." -
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the
unanimous consent of the Board of Directors of the Company on September 15, 2011:
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any_Senior Vice President,
of the Surety Business Division,- or their -appointees designated in writing and filed with the Secretary, and the signature of the
Secretary, the seal of the Company, and --:certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond
executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed,
sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the
Company. -
OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A.
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT AMOUNT
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO. SU 1156889
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $2,739.00 , being at the
rate of $15.00 thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to United
Storm Water, Inc., hereinafter designated as the "Principal," an Agreement for the purchase
and installation of Catch Basin Connector Pipe Screens, in the City of Newport Beach, in
strict conformity with the Agreement on file with the office of the City Clerk of the City of
Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the Agreement.
NOW, THEREFORE, we, the Principal, and Arch Insurance Company
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"),
are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Fifty
Six Thousand Five Hundred Thirty One Dollars and 75/100 ($156,531.75), lawful money
of the United States of America, said sum being equal to 100% of the estimated amount of
the Agreement, to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well
and truly keep and perform any or all the Work, covenants, conditions, and agreements in
the Agreement Documents and any alteration thereof made as therein provided on its part,
to be kept and performed at the time and in the manner therein specified, and in all respects
according to its true intent and meaning, or fails to indemnify, defend, and save harmless
the City of Newport Beach, its officers, employees and agents, as therein stipulated, then,
Surety will faithfully perform the same, in an amount not exceeding the sum specified in this
Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable expenses
and fees, including reasonable attorneys fees, incurred by City, only in the event City is
required to bring an action in law or equity against Surety to enforce the obligations of this
Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement or
to the Work or to the specifications.
United Storm Water, Inc. Page E-1
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the Project
by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under this
Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 26th day of June , 2019
United Storm Water, Inc.
Name of Contractor (Principal)
Arch Insurance Company
Name of Surety
865 South Figueroa Street, Suite 2700
Los Angeles, CA 90017
Address of Surety
(213) 283-3517
Telephone
-Ctx �A
Authorized Signature/Tftle .
lithorized Agent S' ure
Arturo Ayala, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:_ 7 `1 L(I
By:
Ae-
Affiron- C. Harp, City Attorneyo��,\q
United Storm Water, Inc. Page E-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Anqeles
On June 27, 2019
before me, Lillian Valdivieso, Notary Public
(insert name and title of the officer)
personally appeared Eduardo C. Perry, Jr
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc
subscribed to the within instrument and acknowledged to me that he/shclthci executed the same in
his/her/thcir authorized capacity(ies), and that by his/"cr/thc;r signature(:) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Q` Lillian Valdivieso
WITNESS my hand and official seal. Comm. #2142550 0
Notary Public California m
Los.Angeles County
C.oinrn. ExpUes Feb z9, 2020
Si VZL -
(Seal)
Signature gV
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of }ss.
On
20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of Orange )SS.
On June 26th 2019 before me,
Melissa Ann Vaccaro Notary Public, personally appeared
Arturo Ayala who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the„State of CaI fP;-n a Al that,the.O for�going
paragraph is true and correct. / MELISSA VACCAR
COMM. #2241394 M
WITNE S my hand and official seal. f=` Notary Public -California ly
ORANGECCUNITY a
My Comm. ExpiresfviLl 12, 7.022
Signature Melissa Ann Vaccaro (seal)
United Storm Water, Inc. Page E-3
Bond No. SU 1156889
- AIC 0000279764
THIS POWER 'OF ATTORNEY IS NOT VALID -UNLESS ITIS PRINTED ON BLUE BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company_ except in the
manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate -or Residential
Value Guarantees.
POWER OF ATTORNEY
Know All Persons By These Presents: -
That the Arch Insurance: Company, a corporation organized and existing under the laws of the State of Missouri, having its principal
administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
Arturo Ayala, Daniel Huckabay, Dwight Reilly, Frank Morones and Shaunna Rozelle Ostrom of Orange, CA (EACH)
its true and lawful-Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as
surety, and as its act and deed:
Any and all bonds, undertakings, recognizances and other surety obligations, in the -penal sum not exceeding
Ninety Million Dollars ($90,000,000.00). -
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar
limit of authority as set forth herein.
The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these_ presents shall be as
binding upon the said Company as fully and, amply to all-- intents and purposes, as if the same had been duly executed and
acknowledged by its regularly elected officers at its principal administrative office -in Jersey City, New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company
on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned
Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety
Business -Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and
authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of
attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings,_ recognizances-and
other surety obligations obligatory in the nature thereof, and any_such officers oftheCompany may appoint agents for acceptance of
process." -
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the
unanimous consent of the Board of Directors of the Company on September 15, 2011:
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President,
of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the
Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond
executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed,
sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the:
Company.
OOML0013 00 03 03
Page 1 of 2 Printed in U.S.A.