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HomeMy WebLinkAbout16- Public Works CITY OF SAN BERNA�DINO - REQUEST FC : COUNCIL ACTION File No. 4.50-2 Authorization to Execute Agreement From: ROGER G. HARDGRAVE Subject: for Professional Services - Video Inspection of Storms Drains -- Dept: Public Works SPEEDFLO, INC. Date: June 1 , 1993 Synopsis of Previous Council action: 02-17-92 -- Adoption of Resolution 92-59 authorizing execution of a National Pollutant Discharge Elimination System Storm Water permit implementation agreement. 03-16-92 -- First reading of Ordinance designating storm drain system as a utility, adopted. 04-06-92 -- Final reading of Ordinance MC-828 designating storm drain system as a utility, adopted. 04-06-92 -- Adoption of Resolution 92-129 setting monthly fee for operation and maintenance. 05-04-92 -- Resolution No. 92-150 adopted authorizing execution of NPDES Agreement with County and Co-perriittees. Recommended motion: Adopt resolution. cc: Shauna Clark Barbara Pachon Jim Penman Signature Contact person: Gene R. Klatt Phone: 5125 Staff Report, Supporting data attached: Agreement & Resolution Ward: All FUNDING REQUIREMENTS: Amount: $25 , 150 (NPDES Program Fund) Source: (Acct. No.) 001-310-53150 Acct. Description) Inspection of Storm Dra ' s City-wide. Finance: Council Notes: 75-0262 CITY OF SAN BERNA .DINO - REQUEST F004 COUNCIL ACTION STAFF REPORT In 1987 , the Clean Water Act was amended by Congress to authorize the Environmental Protection Agency to regulate the discharge of storm waters into the waters of the United States . Regulations have been issued by the EPA pursuant to this authority. Regulation of storm water discharge is under the National Pollutant Discharge Elimination System (NPDES) Program. The California State Water Resources Control Board, as designee of the EPA, has delegated authority for enforcement of these regulations to the various regional water control boards throughout the State. The regional board for our area (Santa Ana) has adopted the policy that a permit will be issued to the San Bernardino County Flood Control District, with the 17 cities being co-permittees. A permit has been issued to the Flood Control District, which will be shared by the co-permittees. Extensive sampling and testing of storm waters will be required under this permit. The Flood Control District will coordinate this program, but some City personnel may be used. If a higher than allowed concentration of pollutants is found, more extensive sampling will be required to identify the source. As a part of our NPDES program and permit requirements, we are required to inspect all of the existing storm drains in the City on a 4-year cycle. Staff has made inspections of the above ground facilities and will provide annual reports to the Regional Water Quality Control Board as required by the permit. However, inspection on the closed conduit systems is still needed to identify illegal connections and potentially hazardous materials. In April, 1992, we sent letters of interest and later requests for proposals to five firms that could provide the necessary video inspection of the storm drain system, as well as the inspection logs that are required. Four firms responded by submitting proposals . On May 25, 1993 , a committee (made up of representatives of Public Works, Administrator' s office and Public Services) interviewed all four of the firms submitting proposals. After selection of the best suited firm, a background check was made with three of the listed references . All agencies contacted indicated a highly qualified and knowledgeable firm. This inspection is required by the conditions of the permit and should be completed during the summer months. Funds for the work are available in Account No. 001-310-53150 , and were allocated for this work in the 1992/93 Budget. We recommend that the Agreement be approved. 6-1-93 75-0264 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SPEEDFLO, INC. RELATING TO 3 PROVISION OF VIDEO INSPECTION SERVICES FOR THE STORM DRAIN SYSTEM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS ; 6 SECTION 1 . The Mavor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City, s 8 an agreement with Speedflo, Inc. , relative to provision of Video 9 Inspection Services for the City' s Storm Drain System, a copy of 10 which agreement is attached hereto marked Exhibit "A" and 11 incorporated herein by reference as fully as though set forth at 12 length. 13 SECTION 2 . The agreement shall not take effect until 14 fully signed and executed by both parties. The City shall not be 15 obligated hereunder unless and until the agreement is fully 16 executed and no oral agreement relating thereto shall be implied 17 or authorized. 18 SECTION 3. The authorization to execute the above- 19 referenced agreement is rescinded if the parties to the agreement 20 fail to execute it within sixty (60) days of the passage of this 21 resolution. 22 23 24 25 26 27 28 6-1-93 • tcr;SU: EXr;CU'1'1Nh HbltririMr;N'1' Wl'1`ri SYE�;llr'LU, 1N1;. xr,LH'1'11Vt� '1'u PROVISIO" OF VIDEO INSPECTION SERVICES. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a meeting thereof, held on the 4 day of 1993 , by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 (OFFICE VACANT) 11 POPE-LUDLAM 12 MILLER 13 14 15 Rachel Clark, City Clerk 16 The foregoing resolution is hereby approved this day of 1993. 17 18 Tom Minor, Mayor 19 City of San Bernardino Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 By 24 25 26 27 28 - 2 - A • AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this day of , 1993 , by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter I referred to as the "CITY" and Speedflo , Inc. , a California corpora- tion, hereinafter referred to as "PROVIDER" . W I T N E S S E T H WHEREAS, City desires to obtain professional services for video inspection and identify any illicit connections within the storm drain system for the City storm drainage system closed conduits as detailed in the request for proposals dated April, 1993 ; and WHEREAS, in order to obtain video tapes and inspections, it is necessary to retain the professional services of a qualified provider and inspection firm; and WHEREAS, Provider is qualified to provide said professional services; and WHEREAS, San Bernardino City Council has elected to engage the services of Provider upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES Provider shall perform those services specified in "Scope of Services" and as contained in the proposal dated May 7 . 1993 , a copy of which is attached hereto as Exhibit 111" and incorporated as though set forth in full. 2. TERM OF AGREEMENT The services of Provider are to commence within thirty (30) days after the City has authorized work to start by issuance of a Notice to Proceed. The scheduled completion dates shall be as detailed in the proposal and will be adjusted by the City as necessary to complete the work. This Agreement shall expire as specified by the City unless extended by written agreement of the parties. 3 . STANDARD OF PERFORMANCE Provider shall complete all work product and design in confor- mance with the City of San Bernardino's Standards. 4 . CHANGES/EXTRA SERVICES A. Performance of the work specified in the "Scope of Services, " is made an obligation of Engineer under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be incorporated by written amendments to this Agreement and include any increase or decrease in the amount of compensation due Provider for the change in scope. Any change which has not been so incorporated shall not be binding on either party. B. No extra services shall be rendered by Provider under this Agreement unless such extra services are authorized, in writing, by City prior to performance of such work. Authorized extra services shall be invoiced based on Provider's cost per foot of pipeline inspected. 5. COMPENSATION A. The City shall reimburse the Provider for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Provider in performance of the work, in an amount not to exceed $0.25 per foot of pipeline inspected with an estimated cost of $25, 150. 00. Actual costs shall not exceed the estimated rates and other costs as set forth in attached proposal and incorporated herein as though set forth in full. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. Any such significant alteration shall be agreed upon in writing by City and Provider before commencement of performance of such significant alteration by Provider. Any adjustment of the total cost of services will only be permitted when the Provider establishes, and City has agreed in writing, that there has been, or is to be, a significant change in: 1. Scope, complexity, or character of the services to be performed; 2. Conditions under which the work is required to be performed; and 3. Duration of work if the change from the time period speci- fied in the Agreement for Completion of the work warrants such adjustment. C. The Provider is required to comply with all Federal, State and local laws and ordinances applicable to the work. This includes compliance with OSHA requirements for confined space entry. The Provider is required to comply with prevailing accordance with California Labor Code Section 1770. wage rates in I 6. PAYMENT BY CITY A. The billings for all services rendered Pursuant to Agreement shall be submitted monthly by Provider to City and shall this paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Provider within ten (10) days of billing and a meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within ten (10) days of notice of such dispute. Interest of 1-1/2 percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not in dispute and not paid within thirty Payment thereafter is to be applied(3first days to oaccruedlintegrest Land then to the principal unpaid amount. On disputed amounts, interest shall accrue from thirty (30) days of the invoice date if the amount in dispute is resolved in favor of the Provider. All tasks as specified in Exhibit "1" shall be completed prior to final payment. B. Section 9-10 of the Cal-Trans Standard Specifications is hereby specifically waived and not applicable to this agreement. The parties hereto otherwise agree not to be bound by any other require- ments for arbitration of any dispute arising hereunder. Disputes shall be resolved by agreement of the parties, or upon the failure of such agreement, by direct application to the Courts. C. Should litigation be necessary to enforce any term or provision of this Agreement, or to collect any of the amount payable under this Agreement, then all litigationo and collection expenses, witness fees, and court costs, and attorney's fees shall be paid to the prevailing party. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Public Works of City, or his shall have the right of general supervision ove all work designee,performed by Provider and shall be City's agent with respect to obtaining Provider's compliance hereunder. No ent rendered under this Agreement shall be madeawithoutforiorna services the Director of Public Works or his designee. P PProval of B. The Office of the Administrator may review and inspect the Provider's activities during the progress of the program. 8• COMPLIANCE WITH CIVIL RIGHTS LAWS A. Provider hereby certifies that it will not discriminate against any employee or applicant for em to color, religion, sex, marital status or atio 1 originSe Provider of rce, shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal, state and local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. In addition, Provider shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap or religion in compliance with State and Federal laws. 9. TERMINATION OF AGREEMENT A. This agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following date of such notice within which to correct the substantial failure giving rise to such notice. In the event of termination of this Agreement, City shall within thirty (30) days pay Provider for all the fees, charges and services performed to City's satisfaction by Provider, which finding of satisfaction shall not be unreasonably withheld. Provider hereby covenants and agrees that upon termination of this Agreement for any reason, Provider will preserve and make immediately available to City, or its designated representatives, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents shall be at the sole risk of the City, and the City agrees to hold harmless and indemnify Provider from any claims, losses, costs, including Attorney's fees, and liability arising out of such use. Provider shall be compensated for such services in accordance with this agreement. B. This agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Provider. Upon such notice, Provider shall provide work product to City, and City shall compensate Provider in the manner set forth above. C. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all obligations arising from such termination are satisfied. 10. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Provider, Provider fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to Provider such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the "changes" provision of this Agreement. Provider shall notify City within three (3) days in writing when it becomes aware of i any event or circumstance for which it claims or may claim an extension. 11. INDEPENDENT CONTRACTOR A. Provider shall act as an independent contractor in the performance of the services provided for under this Agreement. Provider shall furnish such services in its own manner and in no respect shall it be considered an agent or employee of City. 12 . ASSIGNMENT OR SUBCONTRACTING A. Neither this Agreement, nor any portion thereof, may be assigned by Provider without the written consent of City. Any attempt by Provider to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. All subcontracts exceeding $10, 000 shall contain all provisions of this contract. 13. NOTICES A. All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Provider and City: PROVIDER CITY Speedflo, Inc Mr. Roger Hardgrave P.O. Box 963 Director of Public La Habra, CA 90633 Works/City Engineer 300 North "D" Street 3rd Floor San Bernardino, CA 92418 14 . RESPONSIBILITIES OF PARTIES A. The Provider may reasonably rely upon the accuracy of data provided through the City or its agents without independent evaluation. B. The City shall pay all costs of inspection and permit fees. Charges not specifically covered by the terms of this Agreement shall be paid as agreed by the parties hereto at the time such costs arise; but in no event shall the work to be performed hereunder cease as a consequence of any unforeseen charges unless by mutual written agreement of City and Provider. C. All original documents are instruments of service and shall remain the property of Provider except where by law, precedent, or agreement these documents become public property. All such documents or records shall be made accessible to City. Provider shall maintain all records for inspection by the City, State, or their duly authorized representatives for a period of three (3) years after final payment. 15. COVENANT AGAINST CONTINGENT FEE Provider warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Provider for the purpose of securing business. For breach or violation of this warranty, City shall have the right to terminate this Agreement in accordance with the clause permitting termination for cause and, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 16. HOLD HARMLESS CLAUSE A. Provider hereby agrees to hold City, its elective and appointive boards, officers, and employees, harmless from any liability for damage or claims for damage for personal injury including death, as well as from claims for property damage, which may arise from Provider's negligent acts, errors or omissions under this Agreement. B. Provider shall indemnify, defend, and hold free and harmless the City, its officers, and its employees from all claims, damages, costs, expenses, and liability, including, but not limited to, attorney's fees imposed upon them for any alleged infringement of patent rights or copyrights of any person or persons in consequence of the use by City, its officers, employees, agents and other duly authorized representatives, of programs or processes supplied to City by Provider under this Agreement. 17. INDEMNITY A. Provider shall indemnify, defend, and hold harmless City from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of, by, or- with respect to third parties, which arise solely from Provider's negligent performance of services under this Agreement. Provider shall not be responsible for, and City shall indemnify, defend and hold harmless Provider from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of, by or with respect to third parties, which arise solely from the City's negligence. With respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of Provider and City, each party shall assume responsibility in proportion to the degree of its respective fault. 18. LIABILITY/INSURANCE A. Provider's liability insurance for injury or damage to persons or property arising out of work for which legal liability may be found to rest upon Provider shall be a minimum of $1, 000, 000. B. The City will require the Provider to provide Workers' Compensation and Comprehensive General Liability Insurance, including completed operations and contractual liability, with coverage suffi- cient to insure the Provider's indemnity, as above required; and, such insurance will include the City, the Provider, their consultants, and each of their officers, agents and employees as additional insureds. C. Provider shall provide evidence of insurance in the form of a policy of insurance, in which the City is named as an additional named insured to the extent of the coverage required by this Agreement. 19. VALIDITY A. Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and affect, and to this end the provisions of this Agreement are declared to be severable. 20. ENTIRE AGREEMENT A. This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings and agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instrument signed by both parties. AGREEMENT FOR: SPEEDFLO, INC. -VIDEO INSPECTION SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. CITY OF SAN BERNARDINO BY: Tom Minor , Mayor ATTEST: By: Rachel Clark, City Clerk SPEEDFLO, INC. BY: President Approved as to form and legal content: JAMES F. PENMAN City Attorney I By: (Pw•Nti I I