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HomeMy WebLinkAbout06 ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES CONTRACTAGENDA REPORT Agenda Item Reviewed: City Manager Finance Director 6 e /44, MEETING DATE. FEBRUARY 19 2013 TO JEFFREY C PARKER, CITY MANAGER FROM: DOUGLAS S STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER SUBJECT TERMINATE THE CONTRACT FOR ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES WITH WEST COAST STORM, INC AND AUTHORIZE THE USE OF UNITED STORM WATER, INC ON AN INTERIM BASIS SUMMARY The termination of the City of Tustin's contract with West Coast Storm, Inc. and the authorization to use United Storm Water Inc. until such time new bid proposals are requested for City catch basin insert and screen maintenance. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 13 -10 terminating the contract with West Coast Storm, Inc. for failure to clean and maintain the City's catch basin inserts and screens, and authorize the City to use United Storm Water Inc. on an interim basis while a new request for proposals is prepared and a new contract signed. FISCAL IMPACT The cost to use United Storm Water Inc. twice during the remainder of Fiscal Year 2012 2013 is in the amount not to exceed $48,000 Sufficient funds have been budgeted and appropriated in the FY 2012 -2013 Public Works Department Operating Budget for this work. BACKGROUND In November 2011 the City requested proposals to inspect, maintain, and clean catch basin inserts and screens at various locations throughout the City There are a limited number of companies that provide this service and, subsequently only two (2) proposals were received by the City West Coast Storm, Inc. and United Storm Water Inc. West Coast Storm, Inc. submitted the lower bid and it was recommended to contract for the use of their services. In March 2012, the City Council approved a contract with West Coast Storm, Inc. to clean and maintain the 315 catch basins with filter inserts and screens. In December 2012, West Coast Storm, Inc. was requested several times to provide the scheduled quarterly inspection and cleaning of these catch basin inserts but would not commit to a date to perform the work. On January 18, 2013, notice was given to West Coast Storm, Inc. notifying them that failure to conduct the inspection and cleaning of the City of Tustin's catch basin inserts, per the contract with the City would be deemed a performance deficiency On January 21 2013 City staff was notified by representatives of West Coast Storm, Inc. that the company was out of business and requested termination of their contract as they were unable to meet their contractual obligations. Termination of Contract with West Coast Storm February 19, 2013 Page 2 The inserts and screens have been installed to assist the City of Tustin to meet its goals for controlling transportation generated pollution as required by the City's National Pollutant Discharge Elimination System (NPDES) permit. The NPDES permit requires that devices such as the catch basin inserts and screens be cleaned on a regular basis to work effectively to minimize the potential discharge of stormwater pollutants. Additionally the City has received competitive grant funding through the Orange County Transportation Authority (OCTA) Measure M2 Tier I Environmental Cleanup Program for catch basin inserts and screens. Consequently the City is compelled to fund ongoing maintenance of said facilities as a condition of eligibility for regional competitive grant funding across all M2 Combined Transportation Funding Programs. United Storm Water Inc. had previously installed and maintained the City's 315 catch basin inserts under a prior contract. Under the previous contract, United Storm Water Inc. satisfactorily performed all work prescribed as well as other supplemental tasks to support NPDES storm water maintenance beyond their specific contract scope. Therefore, it is recommended that upon full termination of the existing contract with West Coast Storm, Inc. the City enter into a contract with United Storm Water Inc. until such time new bid proposals are solicited for basin insert and screen maintenance. The City Attorney has reviewed and approved this resolution as to form. D Di Stack, P E. Public Works /City Engineer Atta ` ment. Resolution No. 13 -10 S \City Council Items\2013 Council Items \Temunation of Contract with WCS.docx RESOLUTION NO. 13 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA TERMINATING THE CONTRACT WITH WEST COAST STORM, INC. FOR THE ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES AND AUTHORIZING UNITED STORM WATER, INC. TO PERFORM THESE SERVICES ON AN INTERIM BASIS AND MAKING FINDINGS EXEMPTING SUCH AWARD OF CONTRACT FROM THE COMPETITIVE BID PROCESS WHEREAS, West Coast Storm, Inc. having a contract with the City of Tustin for the annual cleaning and maintenance of catch basin inserts and screens installed within the public right of way and WHEREAS, West Coast Storm, Inc. having failed to provide the cleaning and maintenance services within 30 days after written notification as described in the contract with the City of Tustin; and WHEREAS, the City of Tustin having been notified by representatives of West Coast Storm, Inc. that they are not able to provide cleaning and maintenance services and requests termination of their contract; and WHEREAS, the maintenance of the catch basins is a public project subject to the competitive bid requirements of Public Contract Code section 20162 et seq; and WHEREAS, contracts otherwise subject to the competitive bid requirements may be let without such competitive bidding in two situations: (1) if the City Council makes a finding by a four -fifths vote that an emergency exists that requires the immediate expenditure of public money to safeguard life, health or property and (2) when it would not be in the public interest, such that no competitive advantage can be gained by soliciting bids, and WHEREAS, the City of Tustin continues to have the need for cleaning and maintenance services for installed catch basin inserts and screens within the public right of way NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin makes the following findings: (1) to comply with the National Pollutant Discharge Elimination System (NPDES) permit there is an immediate need to perform such maintenance; and (2) that competitive bidding would not, at this time, result in any competitive advantage and thus, is not in the public interest. BE IT FURTHER RESOLVED by the City Council of the City of Tustin that the contract with West Coast Storm, Inc. is hereby terminated AND the Director of Public Works /City Engineer is authorized to execute any necessary documentation to effectuate such termination; and BE IT FURTHER RESOLVED that the Director of Public Works /City Engineer is hereby authorized to use United Storm Water Inc. to clean and maintain the catch basin inserts and screens installed within the public right of way on an interim basis until a new contract is approved in an amount not to exceed $48,000; and BE IT FURTHER RESOLVED that the Director of Public Works /City Engineer shall, as soon as practicable, seek proposals to perform the work through the competitive bid process. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 19`h day of February 2013. Elwyn A. Murray Mayor ATTEST Jeffrey C Parker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN I, Jeffrey C. Parker City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 13 -10 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 19`h day of February 2013 by the following vote: COUNCILMEMBER AYES. COUNCILMEMBER NOES. COUNCILMEMBER ABSTAINED - COUNCILMEMBER ABSENT JEFFREY C. PARKER, City Clerk