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HomeMy WebLinkAbout5.9 Amendment to the Agreement with Storm Water Inspection & Maintenance Services LLC for Trash Capture Device Maintenance Services STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 5.9 DATE: June 17, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Amendment to the Agreement with Storm Water Inspection & Maintenance Services LLC for Trash Capture Device Maintenance Services Prepared by: Julius Pickney, Management Analyst II EXECUTIVE SUMMARY: The City Council will consider approving an amendment to the agreement with Storm Water Inspection & Maintenance Services LLC for trash capture device maintenance services. STAFF RECOMMENDATION: Adopt the Resolution Approving an Amendment to the Agreement with Storm Water Inspection & Maintenance Services LLC for Trash Capture Device Maintenance Services. FINANCIAL IMPACT: The proposed amendment will increase the agreement term by two years and increase the total not-to-exceed compensation amount to $669,365. The cost of these services will be charged to the Public Works Department in accordance with the adopted annual operating budget. DESCRIPTION: The Public Works Department utilizes consultants and contractors on Capital Improvement Program (CIP) projects, private development projects, and City operat ion and maintenance programs. On October 19, 2022, the City Council adopted Resolution 122 -22 approving an agreement with Storm Water Inspection & Maintenance Services, Inc. for trash capture device maintenance services (Attachment 3). The term of the existing agreement expires on June 30, 2025. The proposed amendment extends the term of service, by two years, to June 30, 2027, and increases the not-to-exceed (NTE) compensation from $327,540 to $669,365. The increase to the NTE includes a contingency of $31,075 for unforeseen, as-needed, or additional services requested by the City. The amendment also reflects the contractor’s business name change to Storm Water Inspection & Maintenance Services, LLC (SWIMS). 420 Page 2 of 2 The Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (MRP) requires that permittees reduce trash discharges to local waterways through installation of trash capture devices, or equivalent methods. The MRP requires a 90% reduction of trash discharges, but the requirement is increasing to 100%. To meet the 100% requirement, the City will be installing 80 new storm drain inlet (SDI) trash capture devices this summer. SDI trash capture devices are installed in standard storm drain inlets which capture a small drainage area (typically less than an acre). The new trash capture devices will bring the total number of City-owned SDI trash capture devices to 216. The City also owns 21 hydrodynamic separators, including three new devices installed at Don Biddle Community Park. Hydrodynamic separators are underground devices capable of removing trash from stormwater runoff from a larger drainage area than an SDI trash capture device. The MRP requires the inspection and maintenance of stormwater treatment measures to ensure that pollutants are prevented from entering storm drains, creeks, and eventually the San Francisco Bay. To remain in compliance with the MRP and maintain the City’s stormwater treatment infrastructure, Staff is recommending amending the existing agreement with SWIMS to provide two more years of maintenance and to increase the not-to-exceed compensation amount by $341,825 for the maintenance of existing and new stormwater treatment measures for the two-year term extension. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving an Amendment to the Agreement with Storm Water Inspection & Maintenance Services LLC for Trash Capture Device Maintenance Services 2) Exhibit A to Resolution – First Amendment to Contractor Services Agreement between the City of Dublin and Storm Water Inspection & Maintenance Services LLC 3) Contractor Services Agreement between the City of Dublin and Storm Water Inspection & Maintenance Services, Inc. 421 Attachment 1 Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 1 RESOLUTION NO. XX – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE AGREEMENT WITH STORM WATER INSPECTION & MAINTENANCE SERVICES LLC FOR TRASH CAPTURE DEVICE MAINTENANCE SERVICES WHEREAS, on October 18, 2022, the City Council adopted Resolution No. 122 -22 Approving the Contractor Services Agreement with Storm Water Inspection & Maintenance Services, Inc. for Trash Capture Device Maintenance Services with a not-to-exceed compensation amount of $327,540 over a three-year term; and WHEREAS, the City desires to amend the current Agreement to extend the term to June 30, 2027, and to increase the not-to-exceed compensation limit to $669,365; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve the First Amendment to the Contractor Services Agreement with Storm Water Inspection & Maintenance Services LLC, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the amendments to the agreement, attached hereto as Exhibit A, and make any necessary, non- substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of June 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 422 Page 1 of 5 FIRST AMENDMENT TO CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND STORM WATER INSPECTION & MAINTENANCE SERVICES LLC WHEREAS, on October 19, 2022, the City of Dublin (hereinafter referred to as "CITY") and Storm Water Inspection & Maintenance Services LLC (hereinafter referred to as "CONTRACTOR") entered into a Contractor Services Agreement for trash capture device maintenance services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT will expire on June 30, 2025; and WHEREAS, the CITY and CONSULTANT now wish to amend the AGREEMENT to extend the term through June 30, 2027 by modifying section 1.1, and to increase the not to exceed compensation amount to $669,365 by modifying section 2; and WHEREAS, the CITY and CONSULTANT now wish to amend the AGREEMENT to update the Compensation Schedule & Reimbursable Expenses by replacing Exhibit B of the AGREEMENT. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1)The end of the term, set forth in section 1.1 of the AGREEMENT, shall be extended until June 30, 2027 2) The compensation amount set forth in section 2 of the AGREEMENT shall be increased to a sum not to exceed $669,365, which includes a contingency of $31,075. 3) Exhibit B shall be rescinded in its entirety and replaced with the attached revised exhibit. 4) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 5) All requisite insurance policies to be maintained by the CONTRACTOR pursuant to the AGREEMENT, as may have been amended from time to time, shall include coverage for the amended term, as described above. 6) The individuals executing this Amendment and the instruments referenced in it on behalf of CONTRACTOR each represent and warrant that they have the legal power, right and actual authority to bind CONTRACTOR to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE Attachment 2 Exhibit A to the Resolution 423 Page 2 of 5 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below. CITY OF DUBLIN STORM WATER INSPECTION & MAINTENANCE SERVICES LLC By: _____________________________ By: _____________________________ Colleen Tribby, City Manager Todd Hudson, Chief Operating Officer Dated: ATTEST: By: _____ Marsha Moore, City Clerk APPROVED AS TO FORM: By: _____________________________ City Attorney 424 Page 3 of 5 EXHIBIT B - COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES Proposed Services: Annual Maintenance Estimate For: 216 Catch Basin Filters – 3x Per Year 2 Filterra Units – 2x per Year 21 CDS Vault Inspections – 2x Per Year 21 CDS Vault Pump Outs – 1x Per Year Install 3 Media Pillows in each CDs vault – 1x Per Year Products & Services Description Quantity Unit Price Total Storm Drain Inlet Filter Inspect, Service, Maintain Storm Drain Inlet Filters Three (3) Times Per Year. Power vacuum all sediment and surface debris. Inspect and replace media as needed. Install drain tags at each service. Dispose of sentiment/debris per EPA Standards. Detailed digital report with before/after pictures included. 648 $125 $81,000 HDS Unit –Inspection Performance Evaluation Two (2) Times Per Year. All sediment and water levels measured, inspection of in-flow and outflow pipes, inspection for all functioning parts. Detailed digital report with pictures included. 42 $425 $17,850 HDS Unit – Pump Out One (1) Time Per Year - Remove all floatables, decant stormwater, pump out all sediment and debris. Pressure wash/power vacuum sump floor and separation screen. Dispose of sediment and debris at approved landfill. All crew confined space equipped and certified. Price includes up to 320 gallons of sediment removed. An additional $3.20 / gallon will be charged for anything above 320-gallons of sediment removed. Detailed digital report with before/after pictures included. 21 $2,300 $48,300 Filterra Maintenance Service Two (2) Times Per Year. Remove and dispose of all mulch, trash, debris and sediment. Inspect filter media, plant condition, energy dissipating rocks. Replace mulch and dispose of spent non- hazardous mulch. Detailed digital report with pictures included. 4 $625 $2,500 Media Pouch Install One (1) Time Per Year - Install Media Pouch with Perlite Filter Media. 3 Pillows per CDS Unit, or as directed by the City. 63 $75 $4,725 425 Page 4 of 5 Traffic Control for Maintenance Events (as needed) Traffic control to be performed by a C31 certified company where lane closures are needed. Pricing includes all labor, materials and 2-man crew to assist SWIMS in safely servicing these units. $2,250 per 8-hour day at Prevailing Wage Rates. Total necessary days will be determined after the site walk is completed and the traffic control plan is determined. 0 $2,250 $0.00 New Traffic Control Pages (Only as need) Site specific traffic control plans will be developed and submitted to the City’s Traffic Engineer for approval of any area requiring lane closures. The number of pages required will be determined once the site walk has been conducted to determine total lane closures. If a PE stamp is required, the cost per page is $750. 0 $375 $0.00 Mobilization Fee / Fuel Surcharge Per Vehicle / Day Mobilization and demobilization of each visit, fuel costs, transportation and delivery of materials. 20 $50.00 $1000 Total $155,375 TERMS & CONDITIONS: SWIMS cannot guarantee the effectiveness of any filtration system, device, or product and must refer customer to the manufacturer. SWIMS is not responsible for any malfunction to the filter structure, system or other devices that results from negligence, improper installation, lack of maintenance, maintenance by on-site or third parties or damage to filter structures from natural occurrences. Maintenance contracts do not include the costs for repair or replacement of damaged filter structures or system devices. Additional services or repairs will not be performed without consent of customer and will be quoted and invoiced separately from this contract. PRICING: All estimates are valid for 60 days. FEES: Any third-party compliance fees or vendor portals, additional insurance requirements, invoicing fees, or additional requirements imposed by the Customer will be added to the cost of services. TRAFFIC CONTROL & PREVAILING WAGE: SWIMS does not include Traffic Control, Payment/Performance Bonds or Prevailing Wage in estimates unless specifically noted as a line item and rates are specified. ACCESS: The Customer is responsible for all service areas (vaults, catch basins, etc.) being accessible and unobstructed on the day of the scheduled service. If SWIMS is unable to complete the full scheduled service due to lack of access, the entire amount for that scheduled service will still be charged to the Customer. If a return trip is requested, it is the Customer’s responsibility to request SWIMS to return and a $500.00 mobilization fee will be charged. Site maps are available upon request so proper arrangements can be made prior to our arrival. 426 Page 5 of 5 CHANGE IN MANAGEMENT: If there is a change in the responsible party for the property, a written notification needs to be given to SWIMS at least 30 days prior to next service. If notification is not provided to SWIMS, the Customer is still responsible for all invoices for work performed prior to SWIMS being notified. All CPI increases shall be calculated by Consultant and requested for adjustment each May, effective each July 1st. Rate increases shall not exceed 3% for that period of time and this shall be submitted to the Public Works Management Analyst, or their designee, for approval prior to taking effect. Remit invoices to PWInvoices@dublin.ca.gov. 427 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 Attachment 3 428 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 429 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 430 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 431 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 432 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 433 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 434 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 435 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 436 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 437 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 438 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 439 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 440 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 441 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 442 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 443 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 444 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 445 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 446 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 447 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 448 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 449 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 450 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 451 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 452 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 453 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 454 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 455 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 456