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HomeMy WebLinkAbout25C - AGMT - CATCH BASIN PROJECTREQUEST FOR COUNCIL ACTION CITY COUNCIL_ MEETING DATE: MAY 18, 2015 TITLE: CITY MANAGER RECOMMENCED ACTION COUNCIL CLERK OF ONLY- 0 As Recommended ❑ As Amended ® Ordinance on Vt Reeding �] Ordinance on 2nd Reading ® Implementing Resolution El Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with United Storm Water, Inc., subject to nonsubstantive changes by the City Manager and City Attorney, for the procurement and installation of catch basin screens for the term expiring June 30, 2016, with provision for one one -year extension exercisable by the City Manager and City Attorney, in the total amount not to exceed $201,600. Approval of this recommended action will allow for completion of the Residential Catch Basin Connector Pipe Screen (CPS) Installation Project, This citywide project will retrofit 547 catch basins on residential streets with connector pipe screens, to prevent transportation - related pollutants from entering the storm drain system. On April 28, 2014, the City Council approved a Funding Resolution (No, 2014 -018) authorizing staff to nominate wafter quality improvement projects with a transportation pollution nexus for consideration by the (Orange County Transportation Authority (t'OCTA) for Measure M2 Environmental Cleanup Program (ECP) funding. On November 5, 2014, tOCTA awarded a $200,000 grant to the City under the ECR The funding agreement specifies that OCTA will provide $200,000 toward construction; the City will provide $311,200 in in -kind costs including design, construction administration, inspection, and 10 years of ongoing operations and maintenance, for a total estimated project cost of $511,200. The in -kind services pledged for this project are already part of the City's responsibilities under National Pollutant Discharge Elimination System (NPDES) permit program regulations, Under the existing NPDES permit, the City is required, at a minimum, to clean the City's catch basins semi - annually. The screens installed under this project will make the catch 25C -1 Agreement with United Storm Water, Inc. May 19, 2015 Page 2 basin clean -up effort easier and will help the City comply with upcoming NPIDES permit requirements to keep trash from entering open channels, The grant guidelines specify the use of pre - qualified contractors and devices. OCTA, In coordination with the County of Orange, pre - qualified contractors to purchase and Install specific devices, Including automatic retractable screens, connector pipe screen full- capture systems, and catch basin inserts, The five OCTA pre - qualified contractor /vendors are: ontractorN ndor Location Coanda Inc. Irvine CA G2 Construction Garden Grove, CA Revel Environmental Manufacturing, Inc. Concord, CA TRC Solutions Inc, Irvine, CA United Storm Water, Inc. City of Industry, CA Two of the contractor /vendors offer the City- specified devices. The contractor /vendor, device, and corresponding price are shown In the table below: No. _ontractorNendcr Construction Administration Device PP i� ca/�id 1 United Storm Water, Inc. Connector Pipe Screen $3613.31 $611,200 an size 2 02 Tech Connector Pipe Screen $475,00 to $575.00 de ondln on size Based on costs and experience, staff recommends selecting United Storm Water, Inc., to install 547 Connector Pipe Screens at a contract cost not to exceed $201,600. The estimated total project cost is $511,200 (see Project Expenditure Summary below). EXPEN Design $20,160 Construction Administration $30,240 Inspection $57,600 Maintenance $201600 Total Project cost $611,200 On February 17, 2015, the City Council approved an amendment to the Fiscal Year 2014/15 Seven -Year Capital Improvement Program (CIP) to add the Residential Catch Basin CPS Installation Project and recognize $200,000 In Measure M2 grant funds, The City will assume ownership of the system after the proposed project Is completed, which Is anticipated by mid - 2015, 25C -2 Agreement with United Storm Water, Inc. May 19, 2015 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemptions Environmental Review No. 2014 -47 (Project 14- 6844) was filed for this project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). I yI 614cl Council action on February 17, 2015, approved the deposit of $200,000 in ECP grant funds into the Measure M Street Construction Fund - Competitive revenue account (No. 03217002 - 52332) and appropriation in the Measure M2 Competitive- Street Construction expenditure account (No. 03217663 - 66220). The City cash match of $1,600 is available in Public Works Federal Clean Water Protection Enterprise account (05717640- 62300). The remaining City in -kind match of $309,600 for inspection, maintenance, and engineering support will be budgeted over a 10 -year period. In -kind engineering support services performed by various Public Works Design Engineering and Construction Engineering staff will be budgeted in the Public Works Engineering Services internal service funds (Accounting Units 08617612 and 08617611). Inspection services will be performed by City staff and contracted services, and will be budgeted in Public Works Federal Clean Water Protection Enterprise (Accounting Unit 05717640). FredlMousavipour Exe utive Director Public Works Agency FM/TC/TL Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25C -3 25C -4 AGREEMENT WITH UNITED STORM WATER INC. FOR PROVISION AND INSTALLATION OF CATCH BASIN SCREENS THIS AGREEMENT, made and entered into this 196i day of May, 2015, by and between United Storm Water, Inc., a California corporation (hereinafter referred to as "Contractor" ) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter referred to as ( "City "). RECITALS: A. City desires to enter into a contract for the provision and installation of "Connector Pipe Screens" (hereinafter referred to as "Catch Basin Screens ") for the Residential Catch Basin Connector Pipe Screen Installation Project ("the Project ") located in the City of Santa Ana. B. Orange County Transportation Authority has awarded funding for the Project through its Measure M2 Environmental Clean Up - Tier 1 Water Quality Grant Funding (ECPF) Program for the installation of Catch Basin Screens the Project. C. The County of Orange, entered into Agreement MA- 080 - 15011198 attached hereto as Exhibit A, by which Contractor has agreed to assume all responsibilities and obligations inherent with the procurement and installation of Catch Basin Screens through the ECPF Program. D. Contractor has agreed to procure and install Catch Basin Screens for the Project in conformance with the terms and conditions set forth in Orange County Agreement MA -OSO- 15011198, and as further agreed herein. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. SCOPE OF WORK Contractor agrees to provide all supervision, technical personnel, labor, materials, machinery, tools, equipment, traffic control and services, security measures to protect its equipment and materials, as well as necessary permits to procure and install United Storm Water's Connector Pipe Screens, as set forth in Exhibit B, attached hereto. Said Catch Basin Screens will be installed for the Project, as shown on the project map attached hereto as in Exhibit B -1. All attachments to this Agreement are hereby incorporated by reference. The Contractor shall execute the work in accordance with the safety provisions of applicable laws and the building construction codes. Contractor shall keep the Property clean, safe and orderly during the course of the work and remove all debris upon completion of the work. The Contractor shall be responsible for any damages to property and/or injuries to persons (on or off -site) as a result of their execution of the work required by this Agreement. 2. REPRESENTATIVES AND NOTICE For the purposes of implementing this Agreement, the representative of the City shall be the Executive Director of the Public Works Agency or his designated representative. The representative of 25C -5 the Contractor shall be Eduardo Perry, Jr. Except as may be otherwise stated, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. Any notice or instrument required to be given or delivered to either party to this Agreement may be remitted by personal delivery or by depositing the same in the United States mail, postage prepaid, addressed to: If to the CITY: City of Santa Ana Public Works Agency — Construction Engineering P.O. Box 1988, M -22 Santa Ana, CA 92702 -1988 If to the CONTRACTOR: United Storm Water, Inc. 1400 E. Valley Blvd. City of Industry, CA 91746 Any notice of a change of address shall be delivered in the same manner as any other notice provided herein. Notice by mail shall be effective three days after mailing by the above - described procedure. 3. COMPENSATION A. City agrees to pay, and Contractor agrees to accept as total payment for any and all services under this Agreement, the rates and charges attached hereto as Exhibit C. The total amount to be paid for procurement and installation of all Catch Basin Screens shall not exceed Two Hundred One Thousand Six Hundred Dollars ($201,600). B. Payment due Contractor for completed and accepted work shall be paid within thirty (30) calendar days after the City's acceptance of the work, receipt of Contractor's invoice and satisfactory releases of liens or claims for liens by Contractor, subcontractors, laborers, and material suppliers for completed work or installed materials. C. Payments may be withheld on account of defective work not remedied, claims filed, failure of Contractor to make payments properly to subcontractors or for labor, materials, or equipment, damages by another Contractor, or unsatisfactory prosecution of the work by Contractor, as determined by the City. 4. STANDARD OF PERFORMANCE In undertaking the performance of this Agreement, Contractor represents that it is proficient in the field of storm water catch basin installation. Work performed by the Contractor under this Agreement will be accomplished in compliance with such standards as may reasonably be expected from a contracting firm in that field or trade. Contractor shall perform the work in a professional manner with quality workmanship. 5. CORRECTION AND DEFECTS Contractor shall correct any work that fails to conform to the requirements of this Agreement or any documents pursuant hereto, where said failure to conform appears during the progress of the work. Contractor shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one (1) year from the date of recording of the Notice of Completion by the City, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by this Agreement or any document pursuant thereto. 2 25C -6 6. GUARANTEE Contractor guarantees the work performed for a period of one (1) year from the date of final acceptance of all the work required by this Agreement. Contractor guarantees all materials to be as specified and all work to be completed in a professional manner according to standard practice. Unless otherwise specified, all materials shall be new. Contractor shall leave the work in a finished condition as determined by acceptable building standards and to the satisfaction of the City. 7. TIME FOR COMPLETION/ TERM OF AGREEMENT Contractor shall commence work on the Project upon City's Notice to Proceed, and shall complete the project in a timely manner. The Term of this Agreement shall be from the date first stated above through June 30, 2016. The Tenn of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 8. COMPLIANCE WITH ENVIRONMENTAL LAWS. Contractor agrees to comply with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and all applicable federal, state, and local agencies. 9. INSPECTIONS City shall have the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and /or local requirements and this Agreement. Contractor agrees that all work found by such inspections not to conform to the applicable requirements shall be corrected by Contractor, and City shall have the right to withhold payment to Contractor until it is so corrected. S I I ! /J ; _ Ca ] \ M I [ I ] M] 1 I f T., Any changes or deviations from Bid/Proposal, Specification, and approved Project Drawings, or the terms of this Agreement shall be effective only upon written consent of City and the Contractor. All change orders will specifically describe the work and /or changes, the new agreement price and time for completion. 11. INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless the City of Santa Ana, its officers, agents and employees from and against any and all loss or damage to property and from all injuries or death of any person or persons in the performance of the work under this Agreement. Contractor agrees to indemnify, defend and hold harnless the City of Santa Ana, its officers, agents and employees from and against any and all suits, actions or proceedings of any kind or nature arising out of the acts or omissions of employees or agents of Contractor or its subcontractors. 25C -7 12. INSURANCE With respect to performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors to maintain insurance as described below: (1) Workers' compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident. (2) Commercial general liability insurance or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall name Orange County and the City of Santa Ana and their officers, agents and employees as Additional Insured. (3) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. All insurance coverages required pursuant to this section shall be primary and not contributory with respect to insurance or self - insurance programs maintained by Orange County and /or City; contain standard separation of insured provisions and provide waiver of subrogation clauses. Contractor shall furnish properly executed certificates of insurance and Additional Insured Endorsements to City prior to the commencement of work under this Agreement. Such certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed or terminated except on thirty (30) days prior written notice to City. Contractor shall maintain such insurance from the time work first commences until completion of the work under this Agreement, and replace such certificates for policies expiring prior to completion of work under this Agreement. 13. ASSIGNMENT Contractor shall not assign any rights under this Agreement except upon prior written authorization of City provided that claims or money due or to become due from City under this Agreement may be assigned to a bank, trust company, financial institution or to a trustee in bankruptcy without such approval. Notice of any such assignment or transfer shall be promptly furnished to City. Contractor shall not subcontract any of the services required by this Agreement without written approval of City. Contractor shall not delegate any authority or responsibility that would in any way purport to relieve it of any obligation imposed by this Agreement. 14. CONFLICT OF INTEREST Contractor covenants that it is an independent contractor and not an employee of the City and that its personnel, employees and subcontractors are not employees of the City. Contractor presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the work tinder this Agreement. 15. UNAVOIDABLE DELAYS AND DEFAULTS The time of completion of this Agreement shall be extended by the nurnber of calendar days which Contractor is prevented from performing work as a result of: inclement weather, acts of City not contemplated by this Agreement, the unavailability of workers or materials due to strikes, accident, acts of God, fire, unusual delays in transportation, unavoidable casualties, causes beyond Contractor's control, or any cause which the City may determine justifies the delay. The Contractor shall not be entitled to an extension in the number of calendar days for completion, unless, within five (5) days from the beginning of such delay, it notifies the City in writing of the causes of the delay, which causes must be acceptable to the City. 25C -8 16. JURISDICTION/VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. ATTORNEY'S FEES Should any litigation be commenced between the parties to this Agreement concerning the work which is the subject of this Agreement, any provision of this Agreement, or the rights and obligations of either in relation thereto, each party shall be responsible for its own attorney's fees and costs. 18. TIME OF ESSENCE Time is of the essence in performance of this Agreement. 19. EXCLUSIVITY OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to hiring of Contractor by City, and contains all the covenants and conditions between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement, acknowledges that no representations, inducements, promises, or agreement, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or amendment to this Agreement shall be effective only if executed in writing and signed by City and Contractor. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25C -9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. ATTEST: MARIA D. IIUIZAR Clerk of the Council APPROVED AS TO FORM: Assistant City CITY OF SANTA ANA DAVID CAVAZOS City Manager UNITED STORM WATER, INC. EDUARDO PERRY, President 25C -10 EXHIBIT A — COUNTY OF ORANGE AGREEMENT County oj'Oeange, ncPwlra Woms MA�080.FS011199 001W Lavin Warar, INC. CONTRACTMA- 000.15011199 VOR TRASH AND D92918 CAnURB DRVICE5 THM Counsel MA -080- 15011198 to provide Trash and Debris Capture Devlaes, (hmainatioe referred to as "Cantraot'� is ratio by and between the County of Orange, a potAdoal subdlvlaton of dro State of Callfomia, (hcrei:raftCt' xefarrad to as Wanly") and United Stour Watar, Ina., with a place of laugh teas at 140001& Valley Blvd., City of Industry, CA 91746 (boreloattm ro£airad to as "Contractor "j, with County and Contractor sometimes tudividuully re&trad to as ( "Pauy ") or collectively railroad to as ("Pardes "). WHERIW, County and Coftoulor are entering into this Cot hater, for Trash and Debris Capture Devices under a Usage Common; cud, W 'HLR % County solicited Txash and Debris Capture Dev3cae us get Tomb heroin, and Contractor has reintegrated that it Is 4twliRed to provide Trash amt Debris Capture Devices to the County as further pot forth herein; and, WHEREAS, Contractor agrees m provide Trash and Debris Capture Devices to the County as further set forth in tha Scope of Work, attached hemm as Attachment A and hourporated homin; and, WHMAS, County agrees to pay Commuter the fees at further got forth in Conhaclor'o pricing, attoclred lacwto as Attachment D and huncI toted hersite NOW T'UMOVORR, the pardea manually agree as follows: ARMOTIFS I. Station of Contrast! This Cenatatt, Including attachlewt(nj, specifies the contractual tarns and conditions by which the Contractor will provide Trash sad Debris Capture Dovloos, on an "as headed" balls under a usage Contract, as sat forth in.the Scepo of Work hiemirwd as Attachment A to We Contract. 2. Tormr The tam of this Contract shall W ofhodvo Marsh f0, 2015 and shall continuo for five yearn, fmm that date, unless othe wlae taaninated as provided herein. 3. Contingoucy, of Funds: Coattaotor acknowledges that fimdiug or pardons of Heading for chit Contract may be ocuffngant upon stake budget spproval; receipt of loads from, and/or ohligudon of funds by, the state of Calr`foutia to County; and inclusion of sudiclent footling for the sorvicaa horaHander ht the budget approved by County's Board of Supervisors for each fiscal year Corona! by this Contract. If suah approval, funding or appropriations are nor toenhcoming, or art otherwise limited, County may immediately fcuuinato or modify this Contract without penalty. 4. Conflict of )utoreatt The Converter 811411, nxerotae roasopabto Otto and diligence to prevent any nations or conditions that could result in a conflict with the best Intemgts Of the County. This Obligation Shall apply to the Contractor; the Corltraator's employees, agents, and relativea; aub,tior Consultants; and third patties MOCiated with atcomplishing work and Services hereunder. The Connector's ofrods shall Include, but not be limited to cstabhshlag pmoautious to prevent its P98019 page I of 10 25C -11 County ofOradgrt, OCpublic works MA.tl80- [StlYlY48 Unthrat'y ore Wireye„fne. emploYeea or agsols from makln$, receiving, providing or offodng g£fba, emsellaimmom, payments, £pans or other oonaideradons which could be deemed to appear to imiluenan Individuals to act acalraty to the boot hdoirena of the County. S. Child Support h"rtforeur at Rogrdrommats: Centmotor Is required to comply with the oh£Id support onforos ment raquiramanes of the County. pagan of the Commamr to comply with an tented, state, and local reporting, roquircmeufs tier Claud support anrowelaent or to reapply with all lawfully sawed Wage and Burnirtgs Assignment Orders and Notice a of Assignment elsell constitute a nennulal blame of the Conhuct. Fa££um mature such browch with rt 60 calendar days of a ld o firm the County shalt reevaluate grounds for tamtnatioa of dm Contract. 5. pnbticatiow No copies of sketches, eahodulas, written documents, computer based dam, pimtofpnplts, maps or graph$, Including graphic of work, resulting Prom parfomtatua or praparwl in connection with this Conhuot, am to be taloned by Contractor and/or migraine eating nmdce the supervision of Clean order to any larger, partnership, company, corporation, or agency, without prior written approval by tlm County and Disney except as necessary par ilia performance of ilia aerv£cea of Oda Contract. All prosy comods, Including graphic display fnfbrmmion to be published in nowspapars, magazinna, eta„ are to be odmihisterrd only after County approval. 7. Newollufmrrnadon Atlanta: The Contractor agrees tat It will not issue any news tableaus or make any comtaok with the media In economical with either the award of this Contrasd or say subsequent amcndmew o£ or sifart aud%* this Credited, Contractors must first obtain review and approval of sald news media contact fl am the County through the County's project Manager= Any requaais for Interviews or information nocived by the media should be rmfcrrod directly to die County. Contractors am not authorized to serve as a media spokespersons Yoe County projects without first obtaining permission fimm the County project Manger,. S. Breach of Contract: The failure of ilea Contractor to comply with buy of dye provisions, covenants or caudidms of this Contract, $ball conadtum a material breach of this Contract, In auah ewont the County may, mid in addition to any other remedies available at law, in erielty, or otherwise $paolliod in this Contract: a, Afford the Costumier written notice of the breach and fen calendar days or such shorter time that may be specified in this Comtraat within which to ouzo the breach; b. DlsoonUmte payment to ilia Contractor for and during the period £n wldoh the Contractor Is In breach and offsat against may monies billed by the Contractor but yet rmpxid by the County those manihis disallowed pursuant to the above. a. Terminate the Contract hi m slinally without penalty. 9. Contract Disputes: The parties shall dent In good faith and attempt to reaolva potential diaputoa sufaamolly, if Ufa dispute cauaetniug a question of fact origin$ under the terms of this Cotdruot is ram disposed of In a ra rmnablo period of time by the Contractor's Supervisor and the County's project manager as specified im Article 12. "Nollaos" by way of the following process. such matter shall be brought to the attention of that County DPA by way of the following process: a. The Contractor shall submit to the Cnimly DPA a written dommrd lit a ftual doelglon rugardhtg ilia disposition of any dispute between the Parties arising under, mlowd to, ar involving this Contract, tudesn the County, on Its owe £nhiati've, has Wmady rendered such a final dee£gion, 1,98019 page 7 V20 25C -12 County ajOmage, 00Fabiin Works MA•08415011198 Vocked Storm Warrrr lac Is. The Contractor's writes demand shall be fully supported by faatusl information, and, If such demand involves a coat adjustment to the Contrast, the Contractor Shall include with the demand a written statement signed by a senior official Indicating that the demand is made in good Milk, shat the supporting data are reasons and complete, and that the nmount requMst of accurately reflect$ the Contrast adjustment far which the Contractor bolieves the County is liablo. c. Pending the final resolution of any dispute arising tinder, related to, Or tnvotvinp this Contract, the MAIrMOror agrees to diligently proceed with the performance of this Contract, including the delivery of goods Mud /or provision Of services. The Contrsonees failure to diligently proceed $boll be considered a material broach of this Contract. Any float decision of tho County shall be expressly idsnHGed an Such, shall be in writing, and shall be signed by the County DPA or his designeo. If the County fells to tender a daeisiou within 94 days attar receipt Of the Contractor's demand, It shall be deemed a final derision adverse to the f.'nntmaIPT's contcmtons. The County's that decision shell 6o conclusive and binding regarding the dispute "age the Contractor commenaas action in A court Of competent juriadfOHon to contest such decision within 90 days following the date of the County's lino' decision or one year following the awmal of the cause of action, wbicbewris later, 10. Orderly Termination: Upon termination or other expiration of this Contract, each party shall promptly return to the other Party all papers, materials, and other properties of the otherheld by each furpurpmos of execudon of the Contact. In addf0on, each Party will cssiat tbo otlawpody in orderly Imagination of this Contract and the transfer ofall assets, tangible and intangible, as may be moutoury rot the orderly, non•disrupdva business continuation of each Party. 11. Errors and flagisslona; All reports, files and atber documents prepasedamf submitted by Contractor shall be complete acid shall be Carefully shacked by the profesdisnal(s) Identll ad by Connector as Project Munger and Contractor personnel attached hereto, prior to submission to ire County. Contractor ogres that Countyfevlcw Is discretionary and Cloatmatershatinot assume that the County will discover errors and/or omiseisns. if the County dfacovem any cours or amisstonu prior to Approving Conttsatoa's reports, filar and other written documents, the reports, flies o, documents wilt be returned to Contractor for correction, should the County Orations discoverorrsm or omissions in the reports, titan or other written documents submitted by Contractor after County approval theroo$ County approval of Commences 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 doemnants will be retained to Contractor for correction. 12. Notlmn Any and all outlets, requeata demands and other communications contemplated, called for, pormltted, Or required to be given hereunder shall ba in writing, except through the course of the paurbe, project monageo' routino exchange of h ilarmadon and cooperation timing the terms of the work and sorvims, Any written aommunicaHus shall ha deemed to have ham duty given upon actual in poraon delivery, if delivery Is by direct hand, or upon delivery on the actual day of receipt or fm greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage propels, wit iohovm occurs Gut. The data Of mailing shall counter the Brat day. All communications shall be addressed to the appropriate party At Ilia address stated herein or south Other address as the parties hereto tnsy designate by written notice from fine to time in the manner aforesaid, County: OC Public WmI(s/OC )3ngineming Ater: Charles liuselinger P08019 page s o120 25C -13 Coun*' of OrAnge OC Public WOrkr AM-0844$01Y I94 Oarredstona Warar, Ina. 2361 N. Cllassetl St, Orange, CA 92865 Phone; 714455A614 Email; ehsrlos .busstfngarf{�oupw:ocgov,cnm ce: OC Poblio Workrl zracuramont Services Ann: SddisPorklas, County 4PA 300' N. Plower Street Suits 818 Sane Ana, CA 92703 Phone: 714 - 667-9615 +tall: eddto.pmrkdns(r6ocpw.aogov,cmu Contractor: United storm Water, lea, Amt: Lydia Party 14000 E. Valley Blvd. City ofkdusby, CA 91746 Phone; 626 - 8904078 Eft IydlaC�tmitedatonnwatotcrtm 11, Governing Law and Veneer This Contract has been negollated and executed in the Shua of Colifornla and shag be goveracd by and construed under the laws of the State of Callperaw. In the event of any legal action to enforce at interpret this Contract, the seta and exclusive venue shall be a court afnompnteatjndsdicdon located In Orongo County, California, and thefarlim hereto agtoo to and do hereby mocalt M the jurisdiction of such court, notwithstanding Code of Civil Pmeedure section 394. Purthrammo, the Parties Specifically agree to waive any and all rights to request that an action be traasforred for trial to another County. 14. Entire Contract: This Contract, lactudiug atta lu mod which are attached berets and ineorporated herein by this reference, when accepted by the Contractor either in writing or by the ahipmoor of soy article or other commencement of perlber anoe hereunder, contains ilia entire Contract between the Parties whir rosyaot to the msftam herein and there ate no restrictions, promises, warranties or undertakings other than thoxe set :larch beroin or refeaed to hero9a. No exceptions, alternatives, substitutes or revisions am valid or binding on County unless authorized by County in writing. Electronic acoap come of any addlfional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited M installers of software, shag not be vafxt or binding an County unless nocopled in writing County's Purchasing Agent or his designee. 15, Amendmontxi No alteration or variation of the team of this Contract shall be valid unlasa made In writing and signed by the Parties; nn oral ora ersta ldtng or agr moat net incorporated herein shall be Wading on eiihei of the Parties; and no exceptiono, altemadves, au6stitutes or ravtoions are valid of binding un County unless authorized by County 19 writing. 16. Texas: Unless otherwiso provided hcraln or by law, priae quoted does not Include California state sales or use tax. 17. Oellveryi Time of delivery of goods or onion is of the essersca In this Conhaol, County rosarvus the right to refuse any goods oz aurvices and to cancel all or any part of the goods not conforming to applicable spaoificatione; drawings, samples or description, or services that do not conform to tha presodbed Scope of Work. Acceptance of any part of the order for goods shall not bind County to accept fusee shipmr»os, nor deprive it of die right to totem goods already accepted, at Contruche'a expense. Overshipmeale and undamhipmama of goods shalt be only as agreed M in writing by IWOI$? Page 4n /2d to 25C -14 County of/hange, OCPubxto Worhr Jk1,9.08a.19tr17148 tratted 54orm Wafer Yuc County Delivery shall not he doomed to be complete until all goods, ar services, have actually ban" received and coupled in writing by County. is, AaaeptancglPdymant: Unless Otherwise agreed to in writing by Cmrnty, 1) acceptance, shall not be deemed cornploto unless in willing and until all the goada/serviaos hew actually bun received, Impacted, and tested to the satisfaction of County, and 2) payment shall be made in wears, 19, Warranty; Coutreti Opressly warrants that the goods(servicas covered by this Contract axo 1) has of lines or enoumbtancce. 2) menchantubl0 and good for tlto ordinary purposes for wbiclr they are nand, and 3) 81! Ibx the particular purpose for which they am Intended. Aocoponce, ofthia Order shall constitute an agreanent upon Contractor's part to fndeumffy, defend and hold County and its Innuendo do as Identified to Artiele 1146" below, and as more fully described in Article "46 ", hmtrdgss here hab[llty.loco, damage and exp insa, tnctudingreesomblo aoumal fwa, incurred ors late by County by aaA9oh of fha ffi[luxe of dui gands/eesvieea to nanform to sadh warranties, &nifty We* Minnesota, nogiigrmt or unlawful acts, and non- complinatn with any applivablo Into or fedami codes, Ordinances, orders, or statutes, including the COoupntioual Satbty and Health Act COMM) and the Calif0tan Industrial Safety Apt Such remodim shall be in addition to any other renechm provided kv law. 20. Patcnt/Copyright NfntarfalslProprlafney IufhGrgamentt Unlace otherwise expressly provided in thin Contract, Contractor shall be solely responsible for clearing the right 0 use any palmist or eepydghtad materlata In the purgation of this Contract. Conintee" warrants that guy software as n060011 tihbugh snevlces Provided hereunder will not Infringe upon or violate any patent, prepri alary Tight, Or trade secret right of any third party. Continuator Agrees that, in accordance With the team specific requirement contained to Article "46"below, it shall Indemnify, dekbnd and hold. County and CountY Indemnities hurmlend fkam any and all such claims and be responaiblo far 1praymant of nil costs, damages, penalties and capering related to or arising from suoh claba(s), including; but not bound, to, soaraw'S fees, casts and outman. 21. Assignment or Subanatraeting: The terms, covenants, and conditions Contained herein shell apply to and bind the hairs, intention, Lion, executors, adminlstratnrs and assigns of the parties, pg, rye, neither the performance of this Contract nor anyportiort fharcof may be assigned or subcontracted by COnnactnr without the express Written Martin of County. Any attempt by Contractor In amogo or suth,000 Ot the patformnnao or any portion thereof of Oils Contract without the exprom written consent ofCouuiy shall be Invalid and shall mine ituta abrench of this Cenhact. 22. Non•Dfs"Imish rlotu In thgparformanna of this Contract, Coatnamr agrees that Bwill comply with the requirnmorus Of Section 1775 of the CaW mia Labor Code and not engage nor permit Asti subcontractors to engage in diaatrmnatimt in employmant of porsons hecanse of the men, religious exact, color, federal angle, mmestry, physical disability, mantel dfsabihty, medical rundltloa, mmi:lal status, Or sat of suoh parsons. CgntraOlnr Acknowledges shut aviOlauan of obis prevision ehal{ m1111ect Contractor to all the penalties impm04 for a violation of Anti- nisarimhw#an TAW or rngulatfen, including but not lirnhad to, Section 1720 MM, of the California Labor Code. 23. 'ferminatlqur In addition to any other eamedles Or rights it may have by law and those set fOrdi in this tkmtxaet, County bag the right to termimte this Contract without penalty immediately with cause Or otter 30 fts' written "often without aauan, unless otherwise speciflad. Cause shall bu defend as any breach of Contract, any misrepresentation or good on the part of line Contactor. Morofso by County of its right to terminate the Contract Shall0ROVO County of all further obligations. p0801P 7aga S gp20 I 25C -15 County of orange, pC p0nd tforks JW- 68845011198 UnUudSldYnt lyaur ,fee. 24, Consont to Breach Not Waiver: No lama or provision of thtx Contract shall be daonad wnivad and no hecaah excused, vales Ruth waiver or consent shall be in wtiOng and signed by the party claimed to have waived or corasontcd, Any consent by any Party to, or waiver of, a broach by the other, whather express or Implied, shall not constitute consort m, waiver of, or excuse for any other dI££erantor subaagnont broach. 23. Remedios Not Axalualvc: The remedies for breach set forth in oils Contraot ate oumuiativ0 OR to ono another and as to any other provided by law, rather than exclusive; and the expression of certain remedies in ibis Contract does not prea[utle resort by either Pady to any other rnmedtoe provided by law, 26, ladepondant Contraatnri Connector slot be owak red an Independent Contractor and neither the. Contractor, its employees, nor aayand working for Contractor under this Contract shall be considered an agent or an orapleyee of County, Naltbar the Contractor; employees nor 4ayme, working Oct the Cpunuottr ander this Contact ahall qualify far workers' compensation or otherfimbo, bonmiits o£any kind through Comary, 27. Purfarmanea: Contractor $boll perform all work under this Contract, tubing noeessary steps and precautions to perform the work to County's satiafaation. Contractor shall be mopereibio for the profesaiorol quality, technical assurance, timely nomptaton and coordination of all documentation and othergoods /setvieca tlmhsbad by ibe Contractor under this Contract. Contractor shall perform Ali work. diligently, carefully, and in a good and workefta*1*0 mvmer, shalt Perish all labor. Roparvisioa, machinery, equipment, matarlala, and supptles nooessary therefore; $hall at its 0010 expense obtain and maintain all permits and Ifiteases mgnzred by public authorities, Including these of County required in its gown nrennd capacity, in commotian with parfomrarca of the work and, If Permitted to subcontract, shall ba fl allyivaponsible for all workparformcd byeuboorhRatOm. 28, lasurance Provisions: Prior to the provisions o£seivieea under this Contract, the Contractor a8mos to purchase elk required insurance at Contractor's expose and to deposit udlh the County Certificates of humans, Inotudinq all endorsements required herein, necessary to so"8 y that Country that the Insurance provisions of this Contract have beta compiled with and to keep such insurance coverage and the certificates Ouvotare on deposit with the County during the came term of this Contract, in addition, allsribcontmeasro performing work on behalf of Contractor pursuant to two Contract shaft olam a insurance subject to tbo sairio tents and actin aces an act forth herein for Contractor, All selRicatmod Autonlons (Stns) and doductibina shall be clearly stated on Ste Ceriihouto of Insurance, if no SIRS or deductibles apply, indicate this on the Conificate of hisurance, with a 0 by the. appropriate ttuo of coverage. Any sol£•lustired rotdution (STIa or dedundlte I❑ nn amouti bt excess of 43,000 ($5,000 for automobile liability), shall specifically be approved by the County Executive Won (CEO) /R£ilae ofRisk Managoment. If the Contractor iota to maintain Insurance acceptable to the County for Its Sol term of this Contract, the county may terminate this Contract. Qgpll08 pnsuretx Mholinum imummeo company ratings as determined by Ire most ar trant edition of rte EeaCS X qx Rating Oulda/PrmsArtY Casualty /Uo9Sdr ft&2 or Qat 4 shall be A. ($eame A.M. best's Rating) and Vfli (Financial She Category), The potleyorpolicies of insurance mast be issued by an Insurer licensed to do business in the state of California (California Admittod Corder), If trio carrier is a rwn•admitlyd carrier in the state of Cniffbmia and does not moot or exeoed an A.M. best rating of A•/VII, CEO /OAieo of Risk POW Pogo 6gzd 12 25C -16 Couurl, of Orange, OC publie Works U4490.15011198 Varfed %PM Water 1aa Management rewhts the right to approve or meat carrier after a review of We company's pdrfonnance and financial mahlP. If the 00"dmined carrier moota or exceeds the minimum A.M, Haut rating of A,lVlll', the agency eon accept rho Insurance. This policy or policies of insurance maintained by the Contreetor shall provide the minimum limits and coverage as sat forth below; 94M H Vialralm Limits Commercial (lateral Liability $1,000,000 per occurrence $2,000,0004ggrogate Automobile Liability Including coverage 81,000,000 par occurreneo for awned, non-awned and hired vehicles Workers' Compensation Statutory Employeze' Liability Insurance $1,000,000paoasc mnxl Mofasdoual1,M1lttyTnsumnoo B1,O00,000peroklmsmade erper occurranco �4IMY,�rcRY@2�0. eras The Cc mmorcial Counted Liability coverage shall to written on TnsulAWA Services office (140) khan CC 00 01, or substitute form providing liability coverage at least no broad, The Business Auto Liability coverage shall be written oa ISO farm CA 00 01, CA 00 08, CA 0012, CA 00 20, or a sabsdmtu form providing coverage at toast as broad. keeuiretl Xndorsentmrts The Commenvial Coneral Liability policy shall contain the following endorsamants, which shall socanpany, the C.crtifieate of Insurance: 1) An Additional Insured endorsement Ming ISO form CG 2010 or C ©2033 or a farm at but as broad naming the county of Orange, Ito clectad and appointed ofclals, officerc, employees, agents as Additional Insureds, 2) Aprimaty 000.00atribuiing endorsement evidencing that the contractor's insurance is primary and any Inauranao or selfdmuratcemaintained by Ito County of Orange shall be excess and ❑on•conMbaUng. All insurance policies required by this contract shall waive all rights of subrogation Assiut the County of Orange and mombars of the Board of Supervisors, its clooted and appointed otk5aiais, oftioors, agars and nmpbyaes when acting within the scope ofdnalr apllainhnant or employment. The Workers' Compensation policy shall contain a waiver of aubrogation endorsement waiving all' rights of subrogulon against the County of Orange, and members of the Board of Supervigma, its elected and appointed offlolals, effcers, agents and employeeg. P08019 Page 70 p0 13 25C -17 Cauaty oforla, ochbifu WgFkB ibfA- d$d «ISR72d98 Unked,Aderm Water Cam All Insurance poliaios required by this contract shall give the County of Orange 30 days notice in the event o£eanealladon and 10 days for non paymmrt of premium. This shall be evidenced by policy provisions crap ondomement separatarMm dre C'orligoate oflnsmm�ne. If, Comractneg Professional Liability policy is a "Mains made" policy, Contraoor shall agree to malatnln professional liability rrovaragofor two yours ihllawing camplotiou of contract. The Commercial general Liability policy shall nonmin a &everability of intone is Alamo also known as a "separation otinourods" clause (standard in the ISO CU 0001 policy). Insurance aottifivates should be forwarded for County of Orange, OC public Walks procurement Services 300 N. plower, Suite 838 Santa Ann, CA 92703 if the Contractor falls to provide dra nsuraneo oortifitedes and endorsamonts within saran days or notification by OC Pubfia Works procurement Division, award may be made to the next qualified vendor. County expressly retains thatight to require Contractor w increase or docreaso insurance of any of om above insurance types throughout the lam of this Contract Any incraso or decrease In immune will be as deemed by CountyofOxangoRisk Manager as appropriate W adequately protect County. County shall notify Contractor in wridng of changes in the insurance requirements. If Contractor does not doiresit copies of acceptable eerdfiowas of insurance and endorsements with County incorporating such rhongos within thirty days of reaelpt of such notice„ rids Cnnna u may be inbowe without further notion to Contractor, and County shall be entitled to Ali legal remedies. The procuring of such required pnl3cy or policies of lasumuce shall not be oanstsued to flush C•onunowes liability hereunder nor to fulfill the indemnification provisions and rogufxomoata of U Contract nor act in any way to reduce the policy coverage sad limits available stem the lnanme. 29, 11111.9 and Llano: Contractor shall pay promptly all indebtedness for labor, materials and equipment used ih per£ormarwre of the work. Contmotorsball not parmit any Gen or charge fo outset to the work or the premises, but if any does so attach, Contractor shall promptly income its retanne and, In oceardmrce with the mqufremanta of Article 40' below, indemoff7, defend, and hold. County barealoss and be mspanaible fir payment of all wale, damagon, penalties and expenses related to or arlaing from orrolated thetem. X Changes: Contractor shall make no changes in the work or perform any Additional work widmutthe Comity'& opccific written approval, 31, Change of Ownexshlps Contractor agrees that if them Is a change or transfer in ownership of Contractor's business prior to completion of this Contract, the new owners shall be required umlor tetras of solo or other ttanstr to assume Contractor's duties and obligadans committed In this Contract and complete them to the eaddfaotban of County,. N. Votes Majeure: Contractor shall not to assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Creme P48019 page d af20 14 25C -18 Countynf4rmngu, Orpubfta wades Al". N0 -IMIM Unlrad 5'taara water far. Caused by any act of (rod, war, civil disorder, cmpioymeut strike or other cause beyond its reasonable bCiatraY, provided Canfractor gives vnittan nnfiCe of the cause of the delay to County with ill 3ti hours of the start of the delay end Cbntracroravatla Irfmsgifpf any available remedles. 33. ConOdanttafhy: ConrmaWr Aguas to midanAln the Contidaatiality of all County and County and County- ralated racotds and htformition panatela to all statutory, laws relating to privacy and con8dendalit that currently oxlst nr exist at any dip during the torn of this Contract All each records add safer matlan abet! be Considered cooldeudal and kept confidential by Contractor and Conbnctor's staff, agents And amploycas. 34. Compliance with Lawn: Contractor represents and warrants that services to be provided trader this Cantmet std MY namely, At Ctmahartaa'd oxliense, with all stentlards, laws, atalutm mstriodoas, ortlivancos, requirements, and tegolationa (oolteotivoly "taws'), inoludin& but not Redid to these Logged by County in its govearmental oapaoily and all other laws applicable to the services at the than servioom too provided to and accepted by County. Contmotax acknowledges that C.otmty is rotying on Contractor m onata, such compliance, and pursuant to the requirements of Axtielo "46" below, Contractor agrees that it shall defend, Indemnify and hold County and County lAdetnuitacs harmless from all liability, damages, Coats And expenses Arising from or related to avioludon ofsuch laws. 35. Freight (F,C',B, BoWntation): Contractor asRemas fill nspea3ibility for all transportation, transportation scheduling, pecking, handling, IdswAstoo, And other services Associated with delivery of all products deemed necessary under this Connect 36. Pricing; The Contract price, As wort fully act forth in Almshmont B, stud( inoludc tall Compensation for providing all required goods to necardanoo with required specifications, or SCM4ea A9 eppae fled hombre er wheu dppltaablc, to the Contractual prhChtg attached to this Contract, W4 AO additional CompCnagtian will be Allowed therefore, mmkes otherwise provided for ht this Contract. 37. Waiver of Jury Trial: Bach Patty acknowledges that it is aware of end has bad the opportunity to Reek advise of Counsel Of i% Choice with Migeot to its rights W trial by jury, and each party, for itself and ita wagusora, creditors, and Assigns, loos hereby txpmssly And knowhigly waive and rains, all such rights to too[ by jury in any ulion, i moeodhng or counterclaim kanitat by any Party berate, against the athar (And/or Against its Offtce", dire toxg, (Wployees, agents, or subsidiary or afflllated "tides) OA ar With regard to Any matters whatsoever arising art of or in any way Connected with this Contract andfor any other Claim ofinjury ordamega. 33. Torres And Conditions: Contractor Aokhowtedit a that it has road And agrees W all terms And Conditions Included In this Cpmmot 39, Ueadingar The varlouslttadinas and numbers herald, the grouping ofprovisloas ofthds Contract into separate chosen and paragraphs, And the organization hereof are for the purpose of wnwoionm only ,nut shall eat limk or otherwise afthotiho moardng homoS 40. $avarabi0tyr If any term, Covonnnt condition or provision of title Cethgat Is held by a court of competent jurisdiction to be Invalid. void or,nandernablo, the ramaindar of the provisions hereof shall ramahn In fall force and offhat and shall in no way be affeated, irnpabed a invalidated thereby. 41. Calendar Days: Any rofemnce to the wand "day" ac'%YA" hesoln shall mace calendar day or calendar days, respectively, unless otherwise expressly providod. 42. Attorneys Foes: In any action or proceedhng to garbage or intorpmt guy provision of this Contract, or M019 AoCppa 9 ofr0 rs 25C -19 County of Orange, OCPaGRa Works MA•OB0.75011148 IlaiMdS'rarNS Ware, M4 whom any provision hssuof Is validly asserted as a defense, each Party shall bear its own utetuey'a fl as, costs and expenses. 43. tnrerptatatsan: This Contract has been negodowd at arm's length andhetween persons sophisticated and knoveledgeable in the mallets dealt with be ilia Contact, In addition, each Party has teen aeprasamed by exporionced and )mowledgeabla independent legal eotmml of their awn of eoahtg, or bas loaowingly declined to seek sucb counsel despite being encouraged and given tbo Opportunity to do an. Fuh Party further nokoowledycs that they bayonet born Influenced to any exteusf whatsaavnr in executing this Contract by any other Party berelo ar by any parson representing them, or bath. ,Accordingly, say rule of law (Including California Civil Conde Section 4654) or legal decision that would require interpretation of any Ambiguities in this Contract against the Party that has drafted it is not appiieablo and is waived, The provisions of thts Contract shall be What mtad in it rarsouabla manner to atfeot de purpose of the Parties and thla Contract. 44. Authority; The Parties to this Contract represent and warrant that this Contract bas been duly Authorized and exeautedand constitutes the legally binding obligatlon of their respective organization or entity, enforceable in anonrdanaewith its terms. 45. ImiplayaeEligibility Varlf nfloar The Coatmetor wm'ranm that It fhgy complies with all Federal and state statutes and regulations regarding the employment of citrus mid others and the all its employees performing wad, under this Contract moat the eidzenship or Allen status requirement set forth in Federal somas and wicuaklons. Thu Contractor shalt obtain, from all employees perforating work hemunda, all verification and other dommenratlon of employment eligibility slams regaled by Fedntid or Stara statutes and rophadow Including, but not limited m, the Immigration Reform And Control Act of 1986, 8 Il.S.O. §1324 at seq, as [hay currently exist and as they may be hereafter amended. The Contmobur shall retain all Bach dicumentadan fe all coveted employeea for the period presnrl6ed by the law. The Contractor shall Indemnify, defend with counsel Approved in writing by County, and hold harmless, the County, its agents, ofAcem, and employees firm employe sanctions and any Other liability which may be ououed agamot the Contractor or the County or both la aonraedon with any alleged violation of soy, Pedaml or State statutes or reaulations pertaining to the aligindity for employment of Any persons performing work under this Contrast 46, fudtmutitaatlon: Contractor milmos to hadrmnlly, dofond with couruel approved in writing by County, and hold County, Its elected and appointed officials, officarn, employees, agents sad these Venial districts Ind agencies wbiab Comedy's farad of Supervises ache as the governing Hoard (" Cawdy hatemnttoes") harmless Anna any claims, demands or liability of any kind or nature, Including but not limited to personal Iriiury or property damage, arising from at mitred to the servhA4 products or other performance provided by Contractor pursuant to this Conimot if judgmont in entered agafnat Contractor and County by a court of competent jorisdiotian because of the concurrent active neal)genee of County or County Indemeltees, Contractor anti County agree that liability will be apportioned As determined by the Ann& Neither party shall regmst a Jury appnrtlnwAtut 47. U sage: No guarantee is given by the Cormty to the Contractor regarding usAge of this Conh'act. Usage figume, if provided, are approximate, bused upon the lawt usage. The Contractor agrees to supply services and /or commodldoa requested, as needed by the County, at prices listed in the Contract, regardlese of quenthy requested. Orders may be placed against this contract at the 000vnn{snce of live using ngeacy /dopertmeat 48. Audits7fnspundoaa: Contractor agrees to permit the County's Auditor - Controller or the Auditor - Controller's Authorized representative (including auditors from a private auditing firm Wood by the POOO19 Page r00po 10 25C -20 CounryafOmego, OCpabtln Works MA400.15011198 U440481arm Ware, lea County) access during normal working hours to all books, accounts, records, reports, fifes, financial records, supporting documentation, including payroll and necounts payablehecehrablo records, and other papers or property of Comnator for the purpose of auditing or inspecting any appeal of parfbrmatco under Iles Contract, The inspection and/or audit will be confined to those matters oommetatl with the perlvrmamce of the Contract including, but not limited to, the costs of administaring the Contract, The County will provide raasonehla notice of such an audit or Inspection, The County mserves the right to audit and vanity the Contractor's records before final payment Is made. Contractor agrees to maintain such records for possfble audit for a minimum of three years offer final payment, nnlepfi a longer period of records retention Is alipulatcd under this Contract or by law. CeilhaetOr agrees to allow interviews Of any emplayaos or others who might reasonably have inibrnation minted to such records. Further, contractor agrees to Include, a similar right to the County to au litraccrds and Interview staff of my subcontmotorrelowd to Performance of this Contract. Should the Contractor aeaso to ";at as a legal anticyy, the contractor's records pomainhng to this agreement shall be forwarded to the surviving entity to a merger or acquisition or, in the event of liquidation, tothe County's projeothdaungor. 49. prevailing Wage (Labor Coda 1773)1 pmanmtt to tho provisions of Section 1773 of the Labor Code of the state of California, the Contractor shall comply with the gemat prevailing wage ratty of per Ahem wages and the general prevailing rates fir holiday and overtime wages in this locality for each craft, classification, or type of worker needed to one= this contract. Tina rotas "a available from the Director of the Department of industrial Relations at the following "bolo, httm /fwww.diras prQ /d farlb The Contractor shall post a copy of arch wage rates at the job site and shall pay the adopted pravalling wage rates, The Contractor shall comply with the provisions of Sections 1775 and 1813 of the Labor Cade, 50, Cooperative Agreements The provisions and pricing of this Contract will he extended to other Califomia local urstaw governmental entities. Governments[ amides wishing to use this Coatmel Will be responsible for issulog their own pumbass donumenta/priee agreements, providing for their awn acceptance, and making say subsequent payments. Contractor shall be required to Include in any wormer enhered into with another ageaoy or audty that is entered into w an exmnsion of this Contract a contract clause that will hold harmless the County of Orange from ail claim, demands, actions or causes of actions of every kind resulting directly or indireedy, arising out of, or in any way connected with the use of this Contract,. Failure to do so will be considered a material branch of this Contract and grounds for immedinte Contract termination The cooperative entities are responsible for oluabdug all certificates of Insurance and bonds required, The Contractor is responsible for providing enolt cooperative entity a copy of the Contract upon request by file cooperative entity, Tho Coumiy of Orange makes no guarantee of usage by other users of this Contract, The Contraororshall be required to maintain a list of the cooperative coffer using this Contract, The list shall report dollar volumes spear annually and shalt be provided on an normal basis to the County, atthe County's request. P08019 Page !74170 17 25C -21 Caanfy of Om g4 OCPaeRe IPmas MA -MYS0 11198 UmW S;;e.Wore , lac IN W"08 WHEREOF, the Parties harem have executed this Contract on the date first shave written. UNITED STORM WATER, INC.* a state of Cabibards canpomtion Ey_ i -� 44— Print f! Name EduaNa Perry Jr. Till c Prosidern Corporate Oifoer �✓ Date _. 2./ l2+ t l COUNTY OF ORANGE a political subdivision of the State of California , By Print Nazne ( ht= Title Deputy Purchasing Agent Date Ih ((T_,r � - Dyz:a Print Nome Rohart Plna Title aoaretacliff1 um Corporate Officer If the contracting party is a corporation, (2) two signatures ere required: one (1) signature by the Chairman of the Board, the President or soy Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the ChiefPinancial Offieerorany Assistant Tressurer. The signature of one person alone is sufficient to bind a corporation, as long as lie or she holds corporate offers in each oftho two categories described above. For County purposes, proofofaueh dual office holding will be satisfied by having the individual sign the inenwneat mice, 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. P08019 Pose 12 af2o 18 25C -22 Count,gfOreage, 00 Public Wmkr AfA480.1$0Il;98 Unlaad&arm Water, lna ATPAcHasENTA SLOP$ OP WORK BACKOROdNn Tho Orange Comity Transportation Authority's (OCTA) Environmental Cleanup Program (ECP) provides area porcant allocation of annual grass Maasam M2 (M2) ,avenues to Improve owmll wstar quality in Crauge, County from tramponation-eatated pollution. The ECP competitive funds can be end to Implmmeat water qualify Improvement projects addressing pollutants originating from or conveyed through transportation systems. Those tlmda will assist Orange County cities and the County of orange In meoting federal Clean Water Act standards for urban mnofPthrough the in roluue and installation of maognived shuctuml beat management prsedxs (BMPa), Third parties such as public water and wastewater agencies, environmental advocacy argaalzatlem, and Iwm 0amM associations may also seminars projects through a municipality that is willing and able to tako responsibility for marrying out slid maintaining the project. The ECP's Tier I Grant Program fonds the purchase and installation of most to medium scale BMPs that capture and/or treatpollwantn. Water qual ity projects, mganflcss of the type o£mclumlogy implemented, ate eligible for Tier 1 funding provided they have a verifiable benefit to water quality end fall within the maximum per project programming cap, The Tier I Grant Program Is designed to supplement, not supplant existing hangponation related water quality programs. Funds will be awarded to the most oast. effective projects that improve water quality. The complete Tier I grading guidelines can be viewed online at hltg;% /wgyl acts naf>tU[e@gptgyyj Nrcag lg tr-rhmlitvlOvervi t. A total of up to S193 million is available for the Tian 1 program over a mven-yaw window of gecal your 2011.12 through, fiscal year 2017 -18 with appmximardy $2.8 million available for each ref. Three tags for projects have been field W date for Tier 1. OCTA will mamma the rah for project$ cycle and funds available following the completion of fiscal year 2017.18. Ile DESCRIPTIONOF PROJECT In conned with, the M2 ()rant Program, this Scope of Work is designed to emeralds a panel of Contractors to achieve economies of scale on a list of fixed unit prices for the purchase and installation ufequipment and devices designed to remove fitter, debris, and other water quality pollutants, krolo raft"d to as "Stonnwater Treatment Devices." Selected Contractors will be part of a Motor Agreement between the County of Orange and OCTA that will allow municipalities to select focal a feting of Contractors to provide, supply, fabricate, construct, deliver, and instal Shomwater Treatment Revises. Agencies wishing to use the Master Agreement may purchase BMN with M2 grant monies or any other grading 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 03 the purchasing and contract administrators for M2 grant. allgible ontitim. Proposals that do not provide a discounted price that offer economlov grsoale fart are more than standard hulk pricinglinstallation, dtsllog will nor be considered. Proposals will not be accepted solely 'far equipment purchases or installations. Awarded BCP entitles are not obligated to utilize the selected Connecters. Rather, this process Is Intended to provide amachenism Introduced rafts for equipment mid Its Installation far Orange County municipalities, Including those, implutnenting projects with M2 funding. to addition, if a local agency is a party to this Maker Agreement, a separate agreement, city entmef resolution, nr other protocol may be naomeary with the selected Contractor(e). The eligible qualifications am discussed below, P08019 Page 13 oJ20 19 25C -23 CounanlOrar��nr t2Clrrebfte Wurha Nf.AA80,XSOXXi4a UaltrASnaria linter %�. inch selected Contractor will be under contract with the County at Orange's GO public Works Department and DCTA, but wilt take primary direction flrsm local agency. Contractor's will directly invoke and bePAld by the local agettoy. Ili UU0111MOVQOAI.IBICA'CIONd Stormwator 'treatment Devices must be capable o€ haudiing flows tinm a design stoau of o,2, inaltosAour. The hydrologic method to be road to ealculme the flew aagaolafsd with LID and water quality design storm £IoW is: F.,o,a=C k 19 Where prrareal - plow anpaolty (cubic lroNaea); C - runoff Coefficient (venom from 0 to 1); 0,2 Inches/hour, and A =tributary area (gems), TrEohnent devices should also be able to operate In a hydraulic sauohorge, condition (definAd as a condition that exceeds the design discharge) without releasing stared pollutants to the receiving water, Stormwater Treatment NO= which meet this definition and would be eliffIbbo for consideration one A, Jlydrodynumie Separation and Gross Solids Immoral Devices Hydrodynamic separators am flow - through Structures With a solding at sepanHon unit to remove sediments and other pollutants and are widely used in stonnwnter smgmaant, Na outside paws, source is required, because the energy of the flowing water allows the augments to efficiently separate. Depending an the type of milt, this separation may be by mesas of centrifugal torso or ladireat flirtation, Oroes Solids Remmal Devices (either linear radial or inclined screoa) are shuohuut beat management pmetlses designed to remove Hush, vegetattvC material, and other parMes of relatively targa, goes size from stormwater,nmoff B. Catch Basin Inserts Catch basin Inserts am designed to remove oil and groaso, loah, debris, and sediment and improve the of blency, of catch boeins. Roma Imetrs are designed to drop directly Into existing catch Lades, white others may rognim retrofit cansuvrdon. Sevand varieties of catch basin insorts exist for filtering ruuoll. C. AutommNc RetraMolale Screens Automatic retractable Orleans Are mounted inside a storm dome mint and are designed to remain closed to capture debris during the dry mosom Doing storm events, the sonams; mhaat, allowing heavy flows to eater ties atone drain. D. CartridgaBlltaz type Control Devices Cartridge tutor -typo controls typically consist of a sorks of vertical filters contained in n vault or catch basin that provide treatment through fltmtion and sedimentation. POWs page 1nof20 20 25C -24 County efOmnsq UCPablla Dierks MA480- ISO£II98 Unlral64arm Blame, Inn E. Dlological Treatment Dovlees Bioreteation devices include rainganlans, awales, and filter strips; all use plants and substrate to detain and filler stormwater to reduce excessive runoff from made and paved surfaces, and provide opportuhitice Ibr enhancing natural Isndsoapa and biodivamity elements in the urban environment. V. Wine Trash and Debris Capture Devices (Trash Rumors and Trash Nets) Trash booms and nets am designed to assist in the caatml containment and meovery offlesting trash, debris, timber, urban waste or aquatic plants. Typically built as floating structures, these devices arc designed to coutmi pollutionalong the t urface ofthe water. IV. REQUIREWNTS • The devices shall be reedy fbr shipment, delivery and/or installation within two months of receipt of ordem, • Warranty on pans and labor shall be for a minimum of 10years. V. EQtmPMENTDESIGN AMSPECIp1CATirhm R8IbRT All proposals shall include lnfotmadun pertabling to the proposed storvnwater Instrument clavier, including, but not limited tie product description, design, coginemire siting, operation, and manrlWUnce. The following InAmmatioa should be aummmtzad in an Equipment Design and Specificatimn Report (liepert) for each proposed device in the given order as listed below. .4 submittal that does not address all aspaers of the following nucleation celtesia and/or cannot be rvadi(y located wrdtM The Report will be deemed Incomplete. Plaa.•eprovtdeabe_.rr for all maroomedValues, A. Descriptien/DesigNEnglnear(ng Describe haw the equipment meets the intent of the CCTA Tier I Eavironmental Cleanup Program. A detailed description of the equipment and design elements, inclusive of sizing and geometry (include diagrams or CAD files). • Material$ used to construct the equipment (l,e., stainless steel, grade, plastic, etc.), • Flow or range of flows for which equipment is rated (in cubic feet per second). Estimated design life oftha equipment. D. Performance Erfectivcness Performance effectiveness in reducing Gash, litter, debris and other transportation mla tut pollutants (pment reduction) and associates; transportation related water quality impacts (include Independentanslysea If any). Trash capture ("at* the definition of "full capture systodl and storage capacity of the equipment (;£applicable). P08019 Page 15 of10 21 25C -25 Cowgp gronosge, OOPubtle {Narks MJ4- ps0- T.SOIXIpB United Storm Macon Jar.. • Overflow or bypass flow capacity edits equipment when fits of trash and overnowlag (ie., storage capacity of the equipment whoa the ono-year, one hour storm is no longue fully Missed) (if applicable). Maximum overflow or bypass now capardty of tho device (Lo., 10y4ar storm event) (i£ applicable), < Device performaaca anbutivanass in tons of pounds of trash removed per total prefect cast (sec seetumv„ pJ C. $lung, Operation, and Maintenance Description of Coatmttor'x installation process Including co rialmmin and review, of device locations with munleipal start, fmftio control during installation, and estimated time required to fnshtll eaclr device. Dasoripllon of the site-apsoiile raaatimementa good other information a municipality must provide the Coubwaor for determiiring ilia appropriate size and configuration of the davits for that lacadmi (,.a. Nigible ondilas will need to determine how to select the right device for their dashed lactates). A discussion of my regulatory pamita that may be required for installation. Maintenance requlr m onto (desocibo In detoll how the device must be maintained end the appric lmala umoing of time required for cleaning cr malaranance.. In addition, discuss whether the device has design capabilities for easy removal for cleaning ormainienaace). - Rialmawd life cycle costs for militiaman, • Durability against external factors, such as straet swceping, car parking, do. • Availability ofreplacamvntpart% and life etpuateooy, Worrmuy coverage and duration Aesthetics and raft. - Any key lactots that makes tine deviva unique among other products. Coutractor's Installation ltnekgroand Ability of Contractor to have staff and/or cuhconuacter(a) to manufacture device and provide I nstallation to eligible endties within Orange County.. - L6eparienca, background, training, mid number of staff and/or suboonitwtor(e) who will f1swcato and/or install device. 19. Oparaling Loaauons, B¢fersncsx, and Certifications - A mhtimum of three locations, inclusive of address or rwarest intorseaticn, and pintos of device in operation within southern Califomio, preferably Orange county. Continuations ubbdned from public agcuoies and /or Itogto ial Water Quality Control. Boards. POMP Page X6gf.V 22 25C -26 County a %prongs, OCpabllc Narks d,{�.pgp,,ISpI�{gg {rMllednorm Winum kMn VI, t"nOaseT&fANAORM9NT, COOOLITATION,AND AItMIMMMTIO)4 A kick c+ff meeting with sela4Vod Cou4notow and the County and OCTA shall be hold to diecnse the oontmetmal mans of the blaster Aliteoment This wilt antabllett managemom, coordination, and admlmiatrauhm protocols, and address other fam oa, as necessary, to ensure that the contaotust forma am mat `rho Coataomr's pro]ent Mmmger slmlt aommanioste mid c wrdinmm Ina timely wanner all work and prat aisowlth the county's pnmbaning and C.ontrnct $1erviewMamagmt and OCTA'a" Manager. A monthly progrosa mpart dIIIAMA; the amremaril r treatment dcvioo pumbasea and luetellatian per local agertey shall be Imputed by the Contractor's Pmjaet bisnagor and sehrahted to the County's puroinumo and Contract Services Mmragaraad CCTA's WJ Mamagor, progroas reports shalt Include the ougohrg statue of work, 518nk5osat nacompludectI M problems ancouatmmd and anticipated with potential sel000ns, and wmk planned for the text month (hy tunic and responsible porsonl. In addition, the Contractor will be responsible fur developing a Tier I program apmsdsheatto aspmm inkbrmatPnn from awarded LtCp ant ides. Thcdatsbase will contain the following; - Noma ofHndty CantalmName •- CosaafPhbne Nnmlzcr •: Contact&mwil Addreas Dam of Installation Device inventory nwnber, name, end type - Siaelaapstity afdevica Locadnn tfinamlladona Uot estimate of oamboomer aron Anticipated camber of installatlame within the next menib The monthly progress report shall be received no later than tit tenth (loth) calcied" day of The month, P48419 page 17of1m 23 25C -27 Conab4%Orma84 OCPublic Warka AfA•Od0.I50t7198 Erniced5mrm Wcur, fne. ATTACHMENTS CONTRACTOR'S PRICING 1. COMPENSATION: This is a usage Contract between the County and Contractor for Trash and Debris Capture Devices, as act forth in Attachment A, " Scopc of Work'. The Contractor agrees to accept the specified oompettiation as set forth in this Contract as full remuneration for performing all services and furnishing all staffing, labor, insurance requirements and !Rtes 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 dudes and obligations hereunder. The Contramot shall only be compensated as set forth herein Wow for work performed in accordance with die Scope of Work. The County shall have no obligation to PAY any sum In excess of the fixed prices spedfled heroin unless authorized by amendment In accordance with Articles n15a and 1130' of the County Contract 'firma and Conditions. lf. P niciNC: Payment shall be made in accordance with the provisions of this Contract. Payment shall be as follows: hDANnircas¢s coma mNaMa sane 4 anw: eexrattoe Os- aaaaaw wwtm artuune4 rouamv . asnr.1 Option 1: AS OnIv Wag -Gate ARS 1 24'•60' 3°•14• 4224.54 163.38 $462.06 60.110 82.06 Wing -Gate ARS 1 6P•10' 31-14' _A4922 W.42 $013,89 1$410 5647.80 50.00 947.80 _ Wing-ants ARS 1 10.11.16' 3° -14' $67,86 5116340 5287.00 1 498,58 jW00 $1,490.38 Win9•Gate, ARS 1 1611'•21' 3'•14" _ 583.12 144LW 12.20 1 L32 $00D 1097.32 Wi g Gala ARS 1 21.1'•28' 3' -14' 122.6 $1.790.401 $432.20, 2,344.65 40.00 1 $,1.344.65 Wing -Gate ARS 1 20.1'; 35' 3'_14' _ 82.13 X2,078.60 N42b1 $2 . 4 50,06 $2323.54 6ptle42: CPS On Canmad9r Pipe 8cmen 1 28` 18' 17A4 X1„45.75 5295.12 W.31 S1 x00 3.31 Connector Pipe Scram 1 28.1' -47 18.P•ST _397A4 94575 _ §205.12 5386.31 515.00 5383.31 CanradorPlpe Screen 1 42.1" -8P 30.1'•57 577.44 $145.75 $205.12 .9f ;15.00 $383.31 Cplton3: ARS &CPS AR6&CPS 1 24 °•30" 466.86 70.7J .42 785,37 1500 .37 ARS&CPS 1 61' -id EBB.80 5759.83 342482 ;V 485.91 1440.91 ARS &CPS 1 10.1'•16' A$15.00 47532 1290.35 3.02 1921.00 515.00 51930,69 S&CPS 1 l8'.P -21' 10066 51.587.75 17.32 2 ,69 1500 E2 0[1.63 ARS & CP3 1 21.1' • 26' 19849 1 .16 6517.32 X190 516.90 70996 ARS&CPS 1 28.1' -36' 79.57 52764.55 5590.12 52934.24 51500 52949.24 P09019 Page 18 oJ20 24 25C -28 Conn(p of Orange, OCPnblk Owitt MA- tl8bP8g1P/98 tln&edS70rm Water, Ina Optical 41. Fifterinaert only OmtoPeo, curb trial 1 24'•47 12. 17.90 $207A6 94,16 ,j409,53 1540 $424.53 WalnPac, Curb trial 7 43'-60' 17 $17,90 $U9.73 0.15 116.00 $468.78 Dra4rPae, Curb Inlet 1 $1,.I Y 17 17.90 $737.94 11103.17 4939.01 M00 $954.01 Owes; Curb Just 1 10.1'•16' IT 11.00 8.20 $289.04 $15Ai4 15.00 9268.14 Dralnpac, Curb Idat 1 iB.P-21' 17 �_. 517,80 _ $1012n 9.04 - d10.. 0 $1434.64 OrrePae, Curb INet 1 21.1'-20' 17 517.90 51296.1 .14 318MIS 16.00 41821.16 Dra6Paa, Curb Inlet 1 28.1' -30' 17 $17,90 $1,621.12 JMSM $2,426.08 $16.00 $2,440M D TmPac Dmp Inlet 1 12102' 17 _ $17.80 184.92 59275 $274.77 515.00 $289.77 DminPae, Omp Inlet 1 10'x14' 17 7, 214.12 $92.76 5324.77 915.00 f33A.77 DmtnPrq DM Inlet 1 24 °x24" Jr $274.10 $02.75 $M4,76 $10.00 $399.75 DmfnPan,Orop � Inlet 1 _36'x36' it W00 90.44 92.75 51.09 16.00 6609 UrelePac, Drop Inlet 1 48'x48" 12' 517.90 5537.10 492.75 847.Bd ... $16,__00 _ 82.04 1eWacute.Ca -hmry onm • RaYa RdarMANepwaigna4e. •Rabealwxnpglde rgllazmakdde, blgn eM puFmentneeeeifamerwremu x leMmWr, rd NeiRabnd Mrbl Yadtllrkar. -Rain *.erebmahshG Us, we Ix ewtnre cWt We dauAis end OwaW Xab 4an*Um •nvberhoan dead FWrdr Prr:e9ddaflWWewNrybMeakhba4a. •Mkexxrbn deal6xdW anAniki batNfBNIq ARrinblNlbrr. ^ Teat EeiNWed Cad: •Tha idMal al or+atlom RAb4brourncal°dnwnlsb rerearcearynMdep2tsdbupPainnbeMbau aaedanYgdhiaNkddbMc •nMROW EsiNobdoal'daan hfartmmsamb aMdoyddf rirastWNcWaddeWramdPte Me'EUarrtal0pdepsa aMaNtvana CVt. III. PRiC& INCReA95gJl7mus98: No price increaser will be permitted during the fast period of the Contract. All price decreases will automatically be extended W the County. The County requires bona tide proof of cost incomes on Contracts prior to any price adjustment. A minimum of One - hundred eighty (ISO) days advance notice in writing is required to secure such adjustment No acrUtective price adjustments will be considered. The County may enforce, adjust, ucgadate, at cancel escalating peke Contracts or take any oiler action it deems appropriate, as it sees fit 71c net dollar amount Afprofit will remain firm during the period of the Contract. Adjustments Increasing the Contractor's profit will not be allowed. IV. FIRM DISCOUNT AND PRICING STRUCTURm Contractor guarantees that prices quoted am equal to or less than prices quoted to any other local, State or Federal government entity for servlaes or equal or lesser scope. Contractor agrees that no price Increases shall be passed along to the County during the term of this Conceal not otherwise specified and provided for within this Contract. V. ComItAmia's ExtENSR: The Contractor will be, responsible for All costa related to photo copying, telephone communications and fax communications while on County sites during the performance of work and services under this Contract. P09019 Page 19of2o 25 25C -29 Conn(y ofOrartgew 00PrrAlk markr iti'�t.dgb•15071r48 X/xitaASrarxr Water, Xnu, W. PAVhtCN r TBRM: Invoices Stu to be submitted In omara, after aervteos boo Woo oomplated, to the address specified below. Payment will be not 30 days after receipt of an invoice in a format accopublo to the County of Orange. Invoices shall be verlAcd and approved by the County and subject to mutine pmoossing rnqulremcata, The responsibility for providing an acceptable Invoice to the County for payment mate With the Connaetor, Incomplete or hummot invoices am not acooptablo and will be rumored to the Contractor foroorrection, Wiling Shell never services andror goods not previously invoiced, The Contractor shalt reladimoo the County of Ornugo for my monies paid to the Canmracwr for goods or services not provided or when goods dr sarvfooa do not meat the contract mqutrammts. Payments made by the County shall not preclude the right of the County untie thereafter disputing any items or services involved or Wiled under this contract and sball not be construed as aoceptmoe of any part of the goods or services. VU, VgVOICWG INSI'tiUM01 Ht The Connector will provide rm invoke or the Contractor's letterhead. Each invoioo will have A, unique number And will include tike following infar ation: A. Contractor's eama And address B. Contractor's romittaneo address, if dWore r: [rem (A), above C. Name of County agmayldepactment U, llelivery /sorvicr address id, contwuctngrnber P. sarvica Rain (3, 1)Oacription OfSm -VIC" H, Total 1. Taxpayer 117 number Invoices and support documentation am to be Rewarded an OC Publto Works Procurement servivas Ann: - AOMOMA Payable 900 N. lsiowa a, sub Pt, Santa Ana, CA 92703 Coobnamr has the option of receiving payment dbemly to their bank account via m lIloolronia Farad Transfer(6PT) process In lieu of a check payment Paymenst madovla UT wilt otso reOeivo Hla4bmdo Remitmuca Advice with the payment details viaomaiL An mail address wilt need to be providod to the County via an En AusmrlsscUon Poem To request a form, please contact the im. PORO19 Page 20#f2O 26 25C -30 EXHIBIT a -CONNECTOR PIPE s RE EN � a| ) g JF, / i /E - -- � - -� ;,mow . , r ƒ ! \ \� � •»�� � �� � B « wt ! ! 3 25C-31 / � < 25C-32 , ! < !� # y � ! \�! � W. � | |!( , ! < !� # y � ! \�! � W. } �)& W) / K \2 % -!�E %z /�$! �� \ \ / ) � m \ � ) _\ —) ~ I-- ! ,f) s » R } s ; ; r ! ,f) s » R } \(, \ \z a 25C-33 \}; ° +$ \\ J� s ; ; r a 25C-33 \}; ° +$ \\ J� 30 13 0 M B \- - - ® xL.§ : _J X (COO 2 00 0 rL z LL z £ _ � ` \ gig IV 9M 25C-34 13 0 M B \- - - ® xL.§ : _J X (COO 2 00 0 rL z LL z £ _ � ` \ gig IV 9M 25C-34 25C-35 \ � - _ . : )� Iva \ )§ I {� �\ j / a ,- \�J r4� Fm Hlo 31 \ � - _ . : )� Iva \ )§ I {� �\ j / a ,- \�J r4� Fm Hlo 31 EXHIBIT BI — PROJECT MAP 32 25C -36 City of Santa Ana t - • • t.. bN4W�'< �t +K r" , •9 •yi • er wl 1 �: • , i s •, t .. ,•.. V T. L�»y .' • � i� x a •...= Z .4 S �� -- •M l • M� fl •` WINNE== Miles NW Count= 146 Municipal Catch Basins on NE Count= 163 Minor Streets SE Count =182 SW Count= 394 • Proposed catch basin with CPS 32 25C -36 EXHIBIT C - PRICING count, gf0 tinge, OCPublic Works MA- 888.18011198 t/nifedscorM Iasnc rue. ATPACRAS&R 0 COMfRAGTOR'9 PRIC9R0 1. Compars8ATiow This is a wage Connect between the County and Contractor for Trash and Debris Capture Devices, as act forth in Attachment A, "Seopc of work The Contractor agrees to accept the specified compensation as set forth in two Cmnmct as full remuneration for performing all services and furnishing all staffing, labor, imurance requirements and taxes required, for any reasonably unforeseen difficulties which may Orion or be encountered in the execution of the services until acceptance, for risks connected with the services, and for porfomrance by the Contractor of all its duties and obligations hereunder. The Contactor shall only be compensated as set forth herein belay for work performed in accordance with the Scope or Work, The County $hall have no obligation to pay any sum in excess of the axed prices specified herein unless authorized by amendment In accordance with Articles "15" and "30" of the County Contract Term and Conditions. 11. PRiC1MG: Payment shall be made in accordance with the provisions of this Contract. Payment shall be as follows: ,_ nuumtvasoa !_ . 'rBlaxl maaara MYir ,. 'm�YarMt� boveaTBE W M anl®W naaeanar samaras mrsana ``L Opttanl.• ARS yang -Galo ARS 1 241 0" 3" -14' $2 4.64 14330 4 62.08 50.00 $462.06 Nang. to ARS T -14" 49.42 13.88 184.50 798 0.00 847.80 ARS 1 tad' -i8' 3' -14' $57.88 61163.60 528790. 9499.38 0.00 1480,38 N71n9.0a19 ARS 1 181.1" -21' 31•14" - ._5&7.12,. $1442.0 Y1220 - 1&97.32 $000 $lM7,32 W* Is ARS 1 21.4.28' 3" -14' V2205 $1,M.40 $432.20 2344:68 $O.OD 2. .65 Wing -Gote ARS 1 28.1'-36' 3' -14' $162.13 $201830 42b1 823;54 $0.00 52623.54 Opflon2: CPS Only GonreWm Pipe Scr4en 4 28" 98' 17.44 145,_76 5205.12 8.31 $1500 .31 Connectorpips Screen 1 28.1' -42' 18.1 ° -38' 517.44 145.75 205.12 $386.31 116.00 $383.31 Connaft Pipe Screen 1 42.1" -60' 36.4.52' $17.44 $145.75 $205.12 4368.31 15.00 -' _$963.91 Opllon3: ARS &CPS .. �- -- -" ARS &CPS _ 1 _ 24' -8g" .... �6,g8 .° _.1370.p_ 34802 705,37 $15.00 80037 Afi58CPS 1 61_ -1F 588.60 $769.&4 $422.62 $15.00 515.00 1440.81 $1138.89 ARS&CPS 1 10.1'-16' .v. „___ 16.32 1 89.35 $493.02 _$1426.99 1821:69 ARSBCPS i 16'.1 " -21' _ _., $100.86 51587.75 5697.32 23&7.83 15.00 408.63 ARS 1 27.1'•26' 5138,49 1 38.16 $517.32 894.96 $16.00 2709.96 CCPS AR68 CPS 1 28.1'- 5178.87 2164.55 6500.12 $2,934.28 15,011$2,589.24_ P08019 Page 8of20 33 25C -37 County ofOrnngd, OCPUblk Works MA- 080. 13011198 t/nuedsror. Wore, Ina OPtbn 4: FlNarinsed On _ Dralaft, Curb Inlet 1 24'•42 IT 1 $17M 1297.48 _97.16 ,5400 & $15.00 $424.63 Dmlapae, Curb ' Wet t 43' -60' IT _ 17.90 339.73 4.16 51,78 15.00 88.78 Dralnliac, Curb Inlet 1 611-10' 12" 1750 5737.04 $183.17 - $936.01 516.00 $954.0f DminPaa, Curb Hot t 10.1' -18' t2' $17.91 $946.20 28914 $125334 $15.00 $1289.14 Dmhpao,Curb (Not 1 18.1' -21' 12' $17.90 51012.70 5369.04 $ t 41).6M1 $15.00 04 DraNPeo, Curb � .. Inlet 1 2f.1' -28' 12' $17.90 $11108.12 1492,14 1806,16 16.00 5182i.18 DrelnPea,Cwh Inlet 1 20.1' -36' tY 17.90 1821.12 $686.86 $2.426.88 15.00 2440.86 DrahPac, Drop Inlet 1 12'x12' - IT -- 984.12 92.75 1Z 15.00 5289.77 DMIRPao, Drop INet 1 18'x18' 12" $17,90 $214.12 $92.76 $324.77 1 x,18.00 5339.77 DmInNo, Drop Wet t 24'x24' 12' 511.90 74.90 19 2.75 3384.76 $15.00 90.75 DrafnPag Drop Inlet 1 28,x36' 12' 11.90 M44 $92.76 61.09 16.00 5486.09 DreloPec, Drop Inlet .A 48'x48' 12' $17.00 $637.90 $92.75 164714 15,00 $882164 Pabl aadu CU6 -Anump tlonu: . Ralw 81bA'n A6We Wrvaaro wapd. •n9o-atlPlR'fl lnrxldaWHNra�Ortll& Wta. eM48Nta�afllRP4 0d18r,HP061NLY ®,M. rdxm9ii.YMt'f,1'Ire6Nm MMIWMi Rain F.. dood Wekde Us, rea tWwo Rm with aaedeak9sd dirpesal * b keea41e1r1. . hksah mrct4Wv *ft dltlaeeamew" Isom We,. Rena fic>tn do rot Wattle IM .1 kr.Ww4q ARE 6uWtlbe. " TaNIEadmaNd CUM: • 11n'EdreW 0viol d& Ftideimra Cnr,fi m is badauaw Mr and dWkW a a evrdae% wdWM rune dwAV or IM Nwffitd M•s. .Th, -DW&t aW Co0 6 mbtot ru. a Uly wed d.&I,M.Wad WNrad dwka enlMu sa lAhreled creek. B Abtremu W. M. FP10E WREASES/DECREASEBI 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 Ono - hundred eighty (180) days advance notice in writing is required to secure such Adjustment. No retroactive price adjustments will be eonsidercd. The County may enforce, adjust, negotiate, or cancel escalating price Contracts or take any other action it deans Appropriate, As it seta 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. M FIRM DISCOUNT AND PRICING STRUCTURE: Contractor guarantees that prices quoted are equal to or teas than prices quoted to any oiler local, State or Federal government entity for somicas or equal or lesser scope. Contractor agrees that no price Increases shall be passed along to de County during the term of this Contract not mhorwise 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 Conlin ct P08019 page 190 20 34 25C -38