SR 10-24-2023 5F
City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 5.F
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources
Subject: Approval of Third Modification of Contract 10880 with Grace Environmental
for Instrumentation Services for Water and Wastewater Facilities
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 of the
California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a third modification to
agreement #10880 in the amount of $380,000 with Grace Environmental for
instrumentation services for the Public Works Department. This would remain a
five-year agreement with a new total amount not to exceed $1,005,000, with
future year funding contingent on Council budget approval.
Summary
The City of Santa Monica’s Water Resources Division is charged with providing a safe,
reliable water supply to Santa Monica’s 93,000 residents and 2,741 commercial and
institutional customers, along with treating and disposing of the community’s
wastewater. The maintenance of 13 sites including the Arcadia Water Treatment Plant,
Charnock Treatment Plant, various groundwater production wells at three major well
fields, the Santa Monica Urban Runoff (SMURRF) facility, the Moss Ave Pump Station
(MAPS), and the Pico-Kenter Outfall is vital to ensuring reliable service. A component of
the critical and necessary maintenance of these sites is the installation, calibration, and
preventative maintenance of various flow measurement instrumentation used to record
accurate data and ensure the greatest percentage of yield of potable and non-potable
water from the treatment process. It was originally estimated that annual maintenance
costs would average around $125,000 per year for a total of $625,000 over a five-year
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period. An increase from the original estimate is required due to unexpected repairs to
instrumentation along with unexpected rising costs due to supply chain shortages. Staff
is requesting a third modification to agreement #10880 with Grace Environmental in the
amount of $380,000 to provide installation, calibration, and maintenance services for
various flow measurement devices used in production, treatment, and distribution of
potable water and non-potable water. This would remain a five-year amended
agreement with a new total amount not to exceed $1,005,000, with future year funding
contingent on Council budget approval.
Discussion
The data obtained from various instrumentation, including flow measurement, at the
Charnock Treatment Plant and Arcadia Water Treatment Plant must be accurate as the
data assists operations staff to optimize treatment processes and produce the highest
yield of potable water from raw groundwater pumped from over ten groundwater
production wells and treated through the City’s multi-barrier treatment system to
produce safe, high-quality drinking water for the community. The data collected from
these instruments at the Arcadia Water Treatment Plant is also reported to state and
county regulatory agencies to ensure continued compliance. The instrumentation used
at SMURRF, similar to the potable treatment process at the Arcadia Water Treatment
Plant, allows staff to treat stormwater and urban runoff for non-potable uses in the city.
The Moss Avenue Pump Station and Pico-Kenter Lift Station require accurate discharge
data collected through flow metering instruments, which staff provides to state and
county agencies for billing and regulatory compliance purposes.
In order to ensure the accuracy of the instrumentation, the City Council authorized staff
in July of 2019 to enter into a contract with Grace Environmental to provide calibration
and maintenance services. Rising costs of parts due to supply chain shortages have
increased expenditures to repair and maintain the instrumentation at the various sites
for production, treatment, and distribution of potable water and non-potable water. A
third modification is requested to increase the original compensation to continue this
work for the duration of the contract.
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Environmental Review
The revised contract for installation, calibration, and maintenance services for flow
measurement instruments is exempt from the California Environmental Quality Act
pursuant to Section 15301 of the CEQA Guidelines. Section 15301 exempts Class 1
projects consisting of the "operation, repair, maintenance, permitting, leasing, licensing,
or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use
beyond that existing at the time of the lead agency’s determination." The revised
contract would provide for maintenance of the City’s water facilities, and therefore, is
categorically exempt from CEQA pursuant to Section 15301.
Past Council Actions
Meeting Date Description
07/23/2019 (Attachment A) Original bid and award of agreement with vendor for
instrumentation services
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water and Wastewater Fund
to increase the amount of Contract #10880 (CCS) with Grace Environmental for
instrumentation services at various City facilities.
Contract Modification Request
Contract
#
Current
Authorized
Amount
FY 2023/24
Modified
Request Amount
Future
Years
Amount
Department
Account #
Total Revised
Contract
Amount
10880
$550,000 $167,200 $167,200 50500001.550010 $884,400
$37,500 $11,400 $11,400 51500001.529420 $60,300
$37,500 $11,400 $11,400 51500001.529450 $60,300
$625,000 $190,000 $190,000 Total $1,005,000
Future year funding is contingent on Council budget approval.
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Prepared By: Thomas Poon, Senior Administrative Analyst
Approved
Forwarded to Council
Attachments:
A. July 23, 2019 Staff Report
B. Oaks Initiative Form - Grace Environmental
C. Original Contract - CT 10880 Grace Environmental
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City Council Report
City Council Meeting: July 23, 2019
Agenda Item: 3.B
1 of 3
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Water Resources
Subject: Award Bid for Instrumentation Services for Water and Wastewater Facilities
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4364 to Grace Environmental, a California-based company, and
Leed Electric, a California-based company, for instrumentation services for the
Public Works Department;
2. Authorize the City Manager to negotiate and execute an agreement with Grace
Environmental in an amount not to exceed $125,000 for one year, with four
additional one-year renewal options in the amount of $125,000, on the same
terms and conditions, for a total amount not to exceed $625,000 over a five-year
period, with future year funding contingent on Council budget approval.
3. Authorize the City Manager to negotiate and execute an agreement with Leed
Electric in an amount not to exceed $125,000 for one year, with four additional
one-year renewal options in the amount of $125,000, on the same terms and
conditions, for a total amount not to exceed $625,000 over a five-year period,
with future year funding contingent on Council budget approval.
Summary
The Water Resources Division is charged with providing a safe, reliable water supply to
Santa Monica’s 93,000 residents and 2,741 commercial and institutional customers, and
treating and disposing of the community’s wastewater. Vital to ensuring reliable service
is the maintenance of 13 sites, which include the water treatment plant, various wells,
the Santa Monica Urban Runoff (SMURRF) facility, the Moss Ave Pump Station
(MAPS), and the Pico-Kenter Outfall, that require various instrumentation to be
installed, calibrated, and maintained in order to record accurate data and ensure the
greatest percentage of yield of potable and non-potable water from the treatment
process. Staff recommends awarding contracts to Grace Environmental and Leed
Electric for total amounts not to exceed $625,000 respectively to provide installation,
calibration, and maintenance service for various Water Resources sites.
5.F.a
Packet Pg. 74 Attachment: July 23, 2019 Staff Report (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services)
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Discussion
Accurate data from the various instrumentation at the Arcadia treatment site allows staff
to make adjustments to produce the highest yield of potable water from the groundwater
pumped from City wells and submit required reports to state and county agencies. The
instrumentation used at SMURRF, similar to the potable treatment process, allows staff
to treat stormwater for non-potable use more efficiently. MAPS and Pico-Kenter require
accurate discharge data, which staff provides to state and county agencies for billing
and regulatory purposes. Staff selected two vendors to provide instrumentation services
in the event one vendor cannot meet the scheduling requirements due to time
constraints.
Bid Data
Bid Posting
Date
Bid Posted
On
Bid Advertised In
(City Charter &
Municipal Code)
# of
Vendors
Downloaded
# of
Submittals
Received
Date
Publicly
Opened
11/02/18 City's Online
Bidding Site
Santa Monica Daily
Press 34 4 11/19/18
Submittals Received Selection Criteria
Dupree
Enterprises $158,000
Municipal Code SMMC 2.24.180
Grace
Environmental $150,099
Evaluation
Criteria
Price, previous experience,
ability to deliver, quality of
product, and compliance with
City specifications. Leed Electric $99,926
Trimax Systems $63,622
Best Bidders Grace Environmental and
Leed Electric
Best Bidder Justification
Staff evaluated all four submittals and found that Grace Environmental and Leed
Electric were able to meet all the evaluation criteria. Staff selected both vendors based
on their previous experience, ability to deliver, quality of product, and compliance with
City specifications. The lowest bidder, Trimax Systems, was deemed non-responsive as
its bid did not include prevailing wages and did not meet the City’s labor requirements in
the bidding documents.
5.F.a
Packet Pg. 75 Attachment: July 23, 2019 Staff Report (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services)
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Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Water and Wastewater Fund to award
contracts with Grace Environmental and Leed Electric for instrumentation services.
Contract Request
Request
Amount
FY 2019-20 Budget
Department Account #
Vendor Total Contract
Amount
$110,000 50500001.550010 Grace Environmental
$7,500 51500001.529420 Grace Environmental
$7,500 51500001.529450 Grace Environmental $625,000
$110,000 50500001.550010 Leed Electric
$7,500 51500001.529420 Leed Electric
$7,500 51500001.529450 Leed Electric $625,000
Total $1,250,000
Future year funding is contingent on Council budget approval.
Prepared By: Thomas Poon, Senior Administrative Analyst
Approved
Forwarded to Council
Attachments:
A. Oaks Initiative (Grace Environmental)
B. Oaks Initiative (Leed Electric)
5.F.a
Packet Pg. 76 Attachment: July 23, 2019 Staff Report (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the
City compiles and maintains certain information. That information includes the
name of any person or persons who is seeking a “public benefit.” If the “public
benefit” is sought by an entity, rather than an individual person, the information
includes the name of every personwhois:(a)trustee,(b)director,(c)partner,(d)
officer,orhas(e)morethanaten percent interest in theentity.
Public benefits include:
1.Personal services contracts in excess of $25,000 over any 12-monthperiod;
2.Sale of material, equipment or supplies to the City in excess of $25,000 over a
12-monthperiod;
3.Purchase, sale or lease of real property to or from the City in excess of
$25,000 over a 12-monthperiod;
4.Non-competitive franchise awards with gross revenue of $50,000 or more
inany 12-monthperiod;
5.Land use variance, special use permit, or other exception to an established
land use plan, where the decision has a value in excess of$25,000;
6.Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any
12-month period;or
7.Payment of “cash or specie” of a net value to the recipient of $10,000 in any
12-monthperiod.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Preparedby: Title:
Signature:Date:
Email:Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
Charles Grace President / CEO
09/11/2023
cgrace@graceenviro.com (805)431-6253
Grace Enviromental Services, LLC
Charles Grace
Charles Grace
5.F.b
Packet Pg. 77 Attachment: Oaks Initiative Form - Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services)
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Contract No. 10880 (CCS)
CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Contract”), entered into as of
_________________(“Execution Date”), by and between the CITY OF SANTA
MONICA, a municipal corporation (“City”), and Grace Environmental, LLC.
(“CONTRACTOR”), is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of the City.
B. CONTRACTOR is qualified to do business, and is doing business, in the State of
California. CONTRACTOR represents it has the background, knowledge, experience
and expertise necessary to provide the services set forth in this Contract.
C. The City and CONTRACTOR desire to enter into an agreement for the
CONTRACTOR to provide contractual services to the City as set forth herein, upon
the terms and conditions set forth below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates on June 30,
2020, unless sooner terminated in accordance with Section 14.
1.1 Option to Extend. The City, in its sole and complete discretion, shall have four
additional options to extend this agreement for another one year period (“Extension
Term”). Option year 1,2,3, and 4 are compensated at the same price, terms and
Conditions, subject to budgetary approval by the City Council. The City may exercise
its option by letter to the Contractor from its City Manager, and the exercise of the
option shall automatically extend the term of this Agreement up through the
extension period.
2. CONTRACTOR Services. CONTRACTOR will perform all of the services
(“Services”) described in Exhibit A, Scope of Services. CONTRACTOR will complete
the Services in accordance with Exhibit B, Budget.
3. City Services. The City agrees to:
3.1 Make available to CONTRACTOR any currently existing documents, data or
information required for the performance of the Services.
3.2 Designate a representative authorized to act on behalf of City.
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3.3 Promptly examine and render findings on all documents submitted for staff
review by CONTRACTOR.
4. Compensation. The City will compensate CONTRACTOR for the Services
performed in an amount not to exceed $125,000 for fiscal year 2019/2020, as set
forth in Exhibit B. Option years 1 through 4 will be compensated at the same terms,
price, and conditions of the pervious year’s price for all areas or options. Total
amount for the five years is not to exceed $625,000.
5. Invoices. CONTRACTOR will invoice the City for the Services in accordance with
Exhibit B and the City will pay any undisputed amount within 30 days of receipt.
6. Notices. All notices, demands, requests or approvals to be given under this
Agreement, must be in writing and will be deemed served when delivered personally,
by email, or on the third business day after deposit in the United States mail, postage
prepaid, registered or certified, addressed as follows:
6.1 All notices, demands, requests or approvals to the City:
City of Santa Monica
Water Resources Division
2500 Michigan Ave, Bldg 1
Santa Monica, California 90404
Attention: Thomas Poon
Re: Contract No. 10880 (CCS)
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 10880 (CCS)
6.2 All notices, demands, requests or approvals to CONTRACTOR:
Grace Environmental Services, LLC.
2060 E Avenida de Los Arboles
PMB 327
Thousand Oaks, CA 91362-1361
Attention: Charles Grace
cgrace@graceenviro.com
Re: Contract No. 10880 (CCS)
7. Independent Parties. Both parties to this Agreement will be acting in an independent
capacity and not as agents, employees, partners, or joint venturers of one another.
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Neither the City nor its officers or employees will have any control over the conduct
of CONTRACTOR or any of CONTRACTOR’s agents, employees, or
subconsultants, except as otherwise provided in this Agreement.
8. Integrated Contract. This Agreement represents the full and complete understanding
of every kind or nature whatsoever between the parties. Any preliminary negotiations
and agreements of any kind or nature are merged into this Agreement. No oral
agreement or implied covenant may be held to vary the provisions of this Agreement.
This Agreement may be modified only by written agreement signed by City and
CONTRACTOR, and approved as to form by the City Attorney.
9. Insurance. Prior to commencing work, CONTRACTOR must procure, maintain and
pay for insurance against claims for injuries to persons or damage to property that may
arise from or in connection with the performance of the Services by CONTRACTOR
or CONTRACTOR’s agents, representatives, employees or subconsultants for the
duration of this Agreement. CONTRACTOR must obtain insurance that, at a
minimum, meets the requirements for insurance set forth in Exhibit C, Insurance
Requirements and Verifications.
10. Defense and Indemnification.
10.1 CONTRACTOR agrees to defend, indemnify, protect, and hold harmless the
City, its agents, officers, boards and commissions, and employees (collectively,
“City”) from and against any and all liability, claims, demands, damages, or
costs, including but not limited to attorney’s fees, or payments for injury to any
person or property (collectively, “Losses”) caused or claimed to be caused by the
act, errors, and/or omissions of CONTRACTOR, or CONTRACTOR’s
employees, agents, officers, and subconsultants. CONTRACTOR’s
responsibilities under this Section 10.1 include liability arising from, connected
with, caused by, or claimed to be caused by the active or passive negligent acts
or omissions of the City, which may be in combination with the acts or
omissions of CONTRACTOR, its employees, agents or officers, or
subconsultants; provided, however, that CONTRACTOR’s duty to defend,
indemnify, protect and hold harmless shall not include any Losses arising from
the sole negligence or willful misconduct of the City. Notwithstanding
CONTRACTOR’s obligation to defend City hereunder, City has the right to
conduct its own defense and seek reimbursement for reasonable costs of
defense from CONTRACTOR, if City chooses to do so.
10.2 Enforcement Costs. CONTRACTOR agrees to pay any and all costs the City
incurs enforcing the indemnity, defense and hold harmless provisions set forth
in Section 10.1.
11. Prohibition Against Transfers.
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11.1 CONTRACTOR may not assign, hypothecate, or transfer this Agreement or
any interest therein directly or indirectly, by operation of law or otherwise
without the prior written consent of City. Any attempt to do so without the
City’s consent will be null and void, and any assignee, hypothecatee or
transferee acquires no right or interest by reason of such attempted assignment,
hypothecation or transfer.
11.2 The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of CONTRACTOR or of any general partner or joint
venturer or syndicate member of CONTRACTOR, if a partnership or joint
venture or syndicate exists, which results in changing the control of
CONTRACTOR, will be construed as an assignment of this Agreement.
Control means 50% or more of the voting power of the corporation.
12. Permits and Licenses. CONTRACTOR, at its sole expense, must obtain and
maintain during the term of this Agreement all required business and professional
permits, licenses and certificates.
13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any
subsequent breach of the same or any other term, covenant, or condition of this
Agreement.
14. Default and Termination.
14.1 If CONTRACTOR fails or refuses to perform any of the provisions of this
Agreement, and if the default is not cured within a period of five days after the
City’s written notice of default specifying the nature of the default, City may
immediately terminate this Agreement by written notice to CONTRACTOR.
14.2 The City has the option, at its sole discretion and without cause, of terminating
this Agreement by giving ten days’ written notice to CONTRACTOR. Upon
termination of this Agreement, City will pay CONTRACTOR any
compensation earned and unpaid up to the effective date of termination.
15. Compliance with Law. CONTRACTOR must comply with all laws of the State of
California and the United States, and all ordinances, rules and regulations enacted or
issued by City.
16. Discrimination. CONTRACTOR may not discriminate in the provision of services
hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual
orientation, marital status, AIDS or disability.
17. Nuisance. CONTRACTOR may not maintain, commit, or permit the maintenance
or commission of any nuisance in connection with the performance of services under
this Agreement.
18. Records.
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Packet Pg. 81 Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services)
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18.1 CONTRACTOR must maintain complete and accurate records with respect to
costs, expenses, receipts and other such information required by the City for any
services provided where compensation is on the basis of hourly rates,
subconsultant costs, or other direct costs. CONTRACTOR must keep the
records, together with supporting documents, separate from other documents
and records and maintain them for a period of three years after receipt of final
payment.
18.2 CONTRACTOR must maintain records in sufficient detail to permit an
evaluation of the Services and in accordance with generally accepted accounting
principles. CONTRACTOR must clearly identify all records and make them
readily accessible to the City. At the City’s request, CONTRACTOR must
provide records in an electronic format and, if necessary, access to any
proprietary software to view such electronic records.
18.3 CONTRACTOR must allow the City to have free access to CONTRACTOR’s
books and records and to inspect all work, data, documents, proceedings and
activities related to this Agreement. The City has the right to examine or audit
CONTRACTOR’s records, and CONTRACTOR agrees to cooperate with any
examination or audit of its records. If a City audit discloses an error of 5% or
more in information reported by CONTRACTOR, CONTRACTOR agrees to
pay the cost of the City’s audit computed on the basis of four times the direct
payroll of the audit staff completing the audit and audit report.
19. Work Product; Reports.
19.1 Any work product prepared or caused to be prepared by CONTRACTOR or
any subconsultant for this Agreement will be the exclusive property of City. No
work product given to or prepared by CONTRACTOR or any subconsultant
pursuant to this Agreement may be made available to any individual or
organization by CONTRACTOR without prior written approval by City.
19.2 At the City’s request, CONTRACTOR must furnish reports concerning the
status of the Services.
20. Standard of Care. CONTRACTOR agrees to provide all Services, including services
performed by any subconsultant, in a manner consistent with the level of care and
skill ordinarily exercised by members of CONTRACTOR’s profession currently
practicing in the same locality under similar conditions.
21. Subconsultants.
21.1 If CONTRACTOR proposes to have any subconsultant perform any part of the
Services, CONTRACTOR must submit a request for approval in writing,
describing the scope of work to be subcontracted, the name of the proposed
subconsultant, and the total price or hourly rates used in preparing an estimated
cost for the subconsultant’s services. The City, in its sole discretion, may grant
or deny the request.
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21.2 CONTRACTOR will be responsible for the quality of any subconsultant’s
work. Every subcontract or agreement of any kind entered into between
CONTRACTOR and any subconsultant (or between any subconsultant and
others) must contain the following provision:
This agreement is consistent with all terms and conditions of
the Agreement No. 10880 (CCS) entered into between the
City of Santa Monica and CONTRACTOR
on^^____________________.
22. Governing Law. The laws of the State of California, without regard to any choice of
law provisions, will govern this Agreement.
23. Venue and Jurisdiction. The City and CONTRACTOR agree that the Services will
take place in Los Angeles County. Any litigation arising out of this Agreement may
only be brought in either the United States District Court, Central District of
California, or the Superior Court of California, County of Los Angeles, West District,
as appropriate. The parties agree that venue exists in either court, and each party
expressly waives any right to transfer to another venue. The parties further agree that
either court will have personal jurisdiction over the parties to this Agreement.
24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its
nature must be exercised after termination of this Agreement, will survive termination
and remain effective for a reasonable time. Any obligation that accrued prior to
termination of this Agreement will survive termination of this Agreement.
///
///
///
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Packet Pg. 83 Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services)
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25. Exhibits. The following exhibits are incorporated by reference into this Contract as
though fully set forth herein.
Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and
year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
CONTRACTOR Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: FE69607F-AB7F-4CFE-82B0-69EC1FBA4CCD
City Attorney
Lane Dilg
10/8/2019
10/10/2019
Charles Grace
President / CEO
Grace Environmental Services
10/18/2019
City Manager
Rick Cole
City Clerk
Denise Anderson-Warren
10/21/2019
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Packet Pg. 84 Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services)
Exhibit A
Scope of Work
Provide semi-annual and annual calibration services to instrumentation and electrical components
at thirteen facilities and other various locations for the City of Santa Monica’s Water Resources
Division.
Contractor will perform equipment installations, preventative maintenance and repairs as needed.
Components may include chemical controllers (Hach), flow meters (Emco, McCrometer, Sparling,
Water Specialties, Yokogawa), level indicators (Miltronics), lighting controls, pressure transmitters
(Foxboro, Rosemount and Siemens), pump controls, recorders, transducers (Esterline and Druck),
valve controllers, and other items.
Contractor will also assist with tie-ins to the City’s Supervisory Control And Data Acquisition
(SCADA) system.
Written reports shall be provided by the contractor detailing work performed (calibrations, repairs,
etc.).
After hours, weekend and short-notice work may be required. Contractor must be able to respond
onsite to Santa Monica or West Los Angeles within 24 hours of notification.
The City may opt to provide parts and components; otherwise the contractor will provide the parts
and components.
The City may add or delete equipment, change frequency of service and add or delete site
locations upon written notification to the vendor. Pricing will be adjusted accordingly.
Waste Materials Disposal – Contractor shall responsibly remove and properly dispose of any trash
and other waste materials generated during this agreement in accordance with all applicable laws.
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Packet Pg. 85 Attachment: Original Contract - CT 10880 Grace Environmental (6002 : 3rd Mod for Water & Wastewater Facility Instrumentation Services)
Item Num Section Description
Grace
Environmental
Services - Line Total
1 Arcadia Arcadia Water Plant (101 items) - semi-annual service price for Period 1: $47,186.68
2 Arcadia Arcadia Water Plant (115 items) - annual service price for Period 1: $56,234.05
$103,420.73
3 Charnock Charnock Well Field (33 items) - semi-annual service price for Period 1: $16,460.14
4 Charnock Charnock Well Field (39 items) - annual service price for Period 1: $20,710.44
$37,170.58
5 Santa Monica Well 1 Santa Monica Well #1 (1 item) - semi-annual service price for Period 1: $621.38
6 Santa Monica Well 1 Santa Monica Well #1 (1 item) - annual service price for Period 1: $621.38
$1,242.76
7 Santa Monica Well 3 Santa Monica Well #3 (1 item) - semi-annual service price for Period 1: $621.38
8 Santa Monica Well 3 Santa Monica Well #3 (1 item) - annual service price for Period 1: $621.38
$1,242.76
9 Santa Monica Well 4 Santa Monica Well #4 (1 item) - semi-annual service price for Period 1: $621.38
10 Santa Monica Well 4 Santa Monica Well #4 (1 item) - annual service price for Period 1: $621.38
$1,242.76
11 Moss Moss Avenue Pump Station (2 items) - annual service price for Period 1: $1,242.77
$1,242.77
12 Pico Kenter Pico Kenter Outfall (1 item) - annual service price for Period 1: $621.38
$621.38
13 Santa Monica Urban
Runoff Santa Monica Urban Runoff Recycling Facility (3 items) - annual service price for Period 1: $1,690.15
$1,690.15
Pricing Hourly billable rate for regular weekday daytime work (as needed repairs, new equipment installations): $188.50
Pricing Hourly billable rate for overtime / after hours and Saturday work. Please define the days of the week and hours when this
rate would apply in the Comments section (e.g. Mon-Fri 12AM-7AM and 5PM-midnight and Saturday hours).$282.75
Pricing Hourly billable rate for Sunday and holiday work: $377.00
Pricing Firm's minimum call-out charge: $1,377.50
Additional Pricing
Information
Percent discount off of manufacturer's price list for related repair items subject to this bid not listed above (such as service
parts): __________ % to_________ %0.00
Payment Terms Payment Terms (Enter payment discount terms; otherwise net thirty (30) days will apply. NET 30
Renewal Options
The City desires the right and option to extend any contract hereunder for additional one-year renewal periods from date of
expiration at the same price, terms and conditions. For each subsequent renewal period listed below please indicate in the
comment section which of the following apply (otherwise same price, terms and conditions offered will apply): 1) No
renewal option offered. 2) Same price, terms and conditions offered. 3) _________% of increase of previous year's price for
all areas or options. Increases greater than CPI will be subject to the "Escalation & De-Escalation of Bid Price" clause in the
bid. Specify alternate terms and conditions if applicable. State in the comment section the percentage increase.
SAME PRICE,
TERMS, &
CONDITIONS
Total NTE: $625,000
Pricing includes all overhead and administration, complinace with prevailing wage/certified payroll submittal requirements (including hard copy submittals to the City's
prevailing wage monitoring consultant), befenfits and profit.
Exhibit B
Budget
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Exhibit C
Insurance Requirements
Contractor shall procure and maintain for the duration of the Agreement insurance
against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents,
representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed operations,
property damage, bodily injury and personal and advertising injury, with limits of no
less than $1,000,000 per occurrence. If a general aggregate limit applies, either the
general aggregate limit shall apply separately to this project/location (Insurance Services
Office Form CG 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
2.Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any
auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned),
with limits of no less than $1,000,000 per accident for bodily injury and property
damage.
3.Workers’ Compensation: Workers’ Compensation insurance as required by the State
of California, with Statutory Limits and Employers’ Liability Insurance with limits of
no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
4.Professional Liability: Insurance appropriate to the Contractor’s profession with limits
of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.
If the Contractor maintains broader coverage or higher limits than the minimums shown
above, the City of Santa Monica requires and shall be entitled to the broader coverage or
higher limits maintained by the Contractor. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the City of
Santa Monica.
Other Insurance Provisions
1.The insurance policies are to contain, or be endorsed to contain, the following
provisions:
a.Additional Insured Status: The City of Santa Monica, its officers, officials,
employees and volunteers are to be covered as additional insureds on the CGL
policy with respect to liability arising out of work or operations performed by or on
behalf of Contractor including materials, parts, or equipment furnished in
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connection with such work or operations. CGL coverage can be provided in the
form of an endorsement to the Contractor’s insurance (at least as broad as
Insurance Services Office Form CG 20 10 11 85, or if not available, through the
addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Contractor’s
insurance shall be primary coverage as least as broad as Insurance Services Office
Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
of Santa Monica, its officers, officials, employees or volunteers shall be in excess of
the Contractor’s insurance and shall not contribute with it.
c. Notice of Cancellation: Each insurance policy required herein shall state that
coverage shall not be cancelled except after notice has been given to the City of
Santa Monica.
d. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a
waiver of any right of subrogation which any insurer of said Contractor may acquire
against the City of Santa Monica by virtue of payment of any loss. Contractor agrees
to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City of Santa
Monica has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the City of Santa Monica for all work performed by the Contractor, its
employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The
City of Santa Monica may require the Contractor to purchase coverage with a lower
retention or provide satisfactory proof of ability to pay losses and related investigations,
claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either
the name insured or the City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a
current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of
Santa Monica.
Verification of Coverage
Contractor shall furnish the City of Santa Monica with original certificates and amendatory
endorsements (or copies of the applicable policy language effecting coverage provided by
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this clause). All certificates and endorsements are to be received and approved by the City
of Santa Monica before work commences. However, failure to obtain required documents
prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The City of Santa Monica reserves the right to require complete, certified copies of all
required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required
pursuant to this Agreement, the same shall be deemed a material breach of contract. The
City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages
from the Contractor resulting from said breach.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all
the requirements stated herein. All exceptions must be approved in writing by the Risk
Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Contractor does
not have employees. The Contractor must, however, execute the City’s Workers’
Compensation Coverage Exemption Declaration Form.
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