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Home My WebLink AboutStorm Water Innovative Solutions Inc; 2023-05-30; PSA23-2194FACDocuSign Envelope ID: 77B3E828-8BCC-481B-9719-BAE6B31E7080 PSA23-2194FAC City Attorney Approved Version 4/24/2023 1 AGREEMENT FOR STORM WATER MAINTENANCE SERVICES STORM WATER INNOVATIVE SOLUTIONS, INC. THIS AGREEMENT is made and entered into as of the 30th day of May , 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and Storm Water Innovative Solutions, Inc., a California corporation ("Contractor”). RECITALS City requires the services of a storm water maintenance consultant that is experienced in storm water maintenance. Contractor has the necessary experience in providing these services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A,” attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of 2 (two) year(s) from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 3. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed Eleven Thousand Two Hundred Ten Dollars ($11,210). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the total fee payable for the Services will not exceed Five Thousand Six Hundred Five Dollars ($5,605) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DocuSign Envelope ID: 77B3E828-8BCC-481B-9719-BAE6B31E7080 PSA23-2194FAC City Attorney Approved Version 4/24/2023 2 5. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 6. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 7. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. /// /// /// /// /// DocuSign Envelope ID: 77B3E828-8BCC-481B-9719-BAE6B31E7080 PSA23-2194FAC City Attorney Approved Version 4/24/2023 3 8. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Brian Bacardi Name Shawn Hill Title Public Works Superintendent Title Project Manager Department Public Works Address 1838 W. Ranchero St. City of Carlsbad West Covina, CA 91790 Address 1635 Faraday Ave Phone No. 760-688-4910 Carlsbad, CA 92008 Email shill@swiscorp.com Phone No. 442-339-2944 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 9. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No If yes, list the contact information below for all individuals required to file: Name Email Phone Number 10. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 11. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 12. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges DocuSign Envelope ID: 77B3E828-8BCC-481B-9719-BAE6B31E7080 PSA23-2194FAC City Attorney Approved Version 4/24/2023 4 that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 13. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 14. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 15. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. {signatures on following page} DocuSign Envelope ID: 77B3E828-8BCC-481B-9719-BAE6B31E7080 PSA23-2194FAC City Attorney Approved Version 4/24/2023 5 (sign here) 16. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR STORM WATER INNOVATIVE SOLUTIONS, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Grant Wood, President (print name/title) By: Shawn Hill, Chief Financial Officer (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: Deputy City Attorney (sign here) DocuSign Envelope ID: 77B3E828-8BCC-481B-9719-BAE6B31E7080 PSA23-2194FAC City Attorney Approved Version 4/24/2023 6 EXHIBIT “A” SCOPE OF SERVICES Contractor to provide all labor, materials and tools to perform stormwater maintenance services at the Carlsbad Safety Training Center located at 5750 Orion Way, Carlsbad, California 92008. Contractor to provide services as described, at the specified intervals and rates listed in the following table: Item No. Description Unit Price Services per Agreement Year Extended Price 1 NSBB/DSBB Maintenance: Inspection and Cleaning of Nutrient Separating Baffle Box - Inspect (2) NSBB-2.5-4-60 for debris accumulation on screens and cages throughout entire DSBB/NSBB. Note and broken parts, holes in screens and elicit discharge. Note floatable levels. Note sediment and water levels per chamber. Note any vector concerns. Note hydrocarbon absorbent boom condition per. Digital report including picture before and after. $375.00 2 $750.00 2 Sand-Oil Interceptor Vault Maintenance: Maintain Sand Oil Storm Filter. Remove any materials and note illicit discharge. Note chambers quantity of chambers, depth, water level, sand level, and recommendations based on maintenance. $1,495.00 1 $1,495.00 3 Contech Filtera Maintenance: Contech Filtera Inspection and Maintenance. Inspect and maintain 6'x6' Filtera per manufacturer specification. Trim vegetation and remove invasive species. Remove all trash and mulch from top of Filtera. Inspect the filtration media Replace the mulch layer and inspect. Pictures of current conditions. Note any issues or defects or illicit discharge. Separate quote if repairs are required. Digital Report. $465.00 1 $465.00 4 Contech Filtera Maintenance: Contech Filtera Inspection and Maintenance. Inspect and maintain 12'x6' Filtera per manufacturer specification. Trim vegetation and remove invasive species. Remove all trash and mulch from top of Filtera. Inspect the filtration media Replace the mulch layer and inspect. Pictures of current conditions. Note any issues or defects or illicit discharge. Separate quote if repairs are required. Digital Report. $575.00 1 $575.00 DocuSign Envelope ID: 77B3E828-8BCC-481B-9719-BAE6B31E7080 PSA23-2194FAC City Attorney Approved Version 4/24/2023 7 Item No. Description Unit Price Services per Agreement Year Extended Price 5 Filtered Catch Basin Cleaning: Clean and Maintain Filtered Catch Basin -Inspect and clean (1) 24"x36" filtered grate catch basins. Remove and dispose of all sediments, debris and media from entire filtration device and replace media per manufacture specification. Dispose per state and local regulations. Digital reports with before and after photos. Separate quote if repairs or replacement is required. $75.00 1 $75.00 6 Filtered Catch Basin Cleaning: Clean and Maintain Filtered Catch Basin -Inspect and clean (2) 24"x42" filtered grate catch basins. Remove and dispose of all sediments, debris and media from entire filtration device and replace media per manufacture specification. Dispose per state and local regulations. Digital reports with before and after photos. Separate quote if repairs or replacement is required. Confined entry required. $95.00 2 $190.00 7 NSBB/DSBB Maintenance and Inspection: Inspection and Cleaning of Nutrient Separating Baffle Box - Inspect (2) NSBB-2.5-4-60 for debris accumulation on screens and cages throughout entire DSBB/NSBB. Note and broken parts, holes in screens and elicit discharge. Note floatable levels. Note sediment and water levels per chamber. Note any vector concerns. Note hydrocarbon absorbent boom condition per. Digital report including picture before and after. $375.00 2 $750.00 8 Contech Filtera Maintenance 1 unit × $465.00 $465.00 Contech Filtera Inspection and Maintenance. Inspect and maintain 6'x6' Filtera per manufacturer specification. Trim vegetation and remove invasive species. Remove all trash and mulch from top of Filtera. Inspect the filtration media Replace the mulch layer and inspect. Pictures of current conditions. Note any issues or defects or illicit discharge. Separate quote if repairs are required. Digital Report. $465.00 1 $465.00 DocuSign Envelope ID: 77B3E828-8BCC-481B-9719-BAE6B31E7080 PSA23-2194FAC City Attorney Approved Version 4/24/2023 8 Item No. Description Unit Price Services per Agreement Year Extended Price 9 Contech Filtera Maintenance: Contech Filtera Inspection and Maintenance. Inspect and maintain 12'x6' Filtera per manufacturer specification. Trim vegetation and remove invasive species. Remove all trash and mulch from top of Filtera. Inspect the filtration media Replace the mulch layer and inspect. Pictures of current conditions. Note any issues or defects or illicit discharge. Separate quote if repairs are required. Digital Report. $575.00 1 $575.00 10 Filtered Catch Basin Cleaning: Clean and Maintain Filtered Catch Basin -Inspect and clean (1) 24"x36" filtered grate catch basins. Remove and dispose of all sediments, debris and media from entire filtration device and replace media per manufacture specification. Dispose per state and local regulations. Digital reports with before and after photos. Separate quote if repairs or replacement is required. $75.00 1 $75.00 11 Filtered Catch Basin Cleaning: Clean and Maintain Filtered Catch Basin -Inspect and clean (2) 24"x42" filtered grate catch basins. Remove and dispose of all sediments, debris and media from entire filtration device and replace media per manufacture specification. Dispose per state and local regulations. Digital reports with before and after photos. Separate quote if repairs or replacement is required. Confined entry required. $95.00 2 $190.00 Notes: - Agreement included contractor to pay all applicable prevailing wage rates. - Contractor to coordinate service schedule with facility management. ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/24/2023 (949) 287-5677 44520 Storm Water Innovative Solutions, Inc. 1838 W Ranchero Street West Covina, CA 91790 25011 A 1,000,000 X EPK140872 8/27/2022 8/27/2023 100,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000B WPP1999048-00 12/12/2022 12/12/2023 5,000,000A EFX120999 8/27/2022 8/27/2023 5,000,000 RE: All operations performed by the Named Insured during the current policy period. The City of Carlsbad is included as Additional Insureds as respects General Liability per attached endorsement. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 STORWAT-01 MSEGURA Commercial The Brokerage The Brokerage, an Alera Group Company 20261 SW Acacia St, Suite 200 Newport Beach, CA 92660 Jessica Lopez jlopez@thebrokerageins.com Crum & Forster Specialty Insurance Company Wesco Insurance Company X X X X X X DocuSign Envelope ID: 77B3E828-8BCC-481B-9719-BAE6B31E7080 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Commercial The Brokerage STORWAT-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 Storm Water Innovative Solutions, Inc. 1838 W Ranchero Street West Covina, CA 91790 SEE PAGE 1 MSEGURA 1 Cancellation: *Should this policy be cancelled before the expiration date, The Brokerage, an Alera Group Company will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.* *Except 10 Days Notice of Cancellation for Non-Payment of Premium. DocuSign Envelope ID: 77B3E828-8BCC-481B-9719-BAE6B31E7080 POLICY NUMBER: EPK140872 DocuSign Envelope ID: 77B3E828-8BCC-481B-9719-BAE6B31E7080 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: SERVICE PROVIDERS ENVIRONMENTAL COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Blanket when specifically required in a written contract with the named insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" or “clean-up costs” caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury", "property damage" or “clean-up costs” occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance And Deductible: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain unchanged. SPE0209-0115 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Additional Insured Completed Operations/Primary Non-Contributory Wording - See Next Page POLICY NUMBER: EPK140872DocuSign Envelope ID: 77B3E828-8BCC-481B-9719-BAE6B31E7080 DocuSign Envelope ID: 77B3E828-8BCC-481B-9719-BAE6B31E7080 DocuSign Envelope ID: 77B3E828-8BCC-481B-9719-BAE6B31E7080 DocuSign Envelope ID: 77B3E828-8BCC-481B-9719-BAE6B31E7080