08.c. Contract with Waterboys Plumbing for the Plumbing Retrofit ProgramAgenda Item 8.c.
Page 1
CITY COUNCIL
CONSIDERATION OF APPROVING A ONE-YEAR CONTRACT EXTENSION FOR THE
PLUMBING RETROFIT PROGRAM
FEBRUARY 28,2012
PAGE 2
On March 8, 201 1, Waterboys Plumbing, Inc. was awarded a one year contract, which
includes options for two, one year extensions. This is the first contract time extension
request. During the length of their contract, Waterboys Plumbing, Inc. has performed to
a satisfactory level and the City has received many favorable comments regarding the
quality of workmanship and level of service.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1) Approve staffs recommendation to approve a one-year contract extension to
Waterboys Plumbing, Inc.;
2) Do not approve staffs recommendation ?to approve the one-year contract
extension;
3) Modify as appropriate and approve staffs recommendation; or
4) Provide direction to staff.
ANALYSIS OF ISSUES:
In 2004, the program targeted 4,357 single family homes and 44 apartment complexes.
After 7-112 years, 41% of the homes and 90% of the apartment complexes have been
retrofitted. In addition, the program was expanded to include mobile homes and
commercial properties. A total of 32% of last year's contract amount was expended.
Indoor water conservation using retrofitting has proven to be very reliable and
consistent. The per capita consumption for 201 1 was 154 gallons per day per person
compared to 170 gallons per day per person in 2009. Phase II programs have also
helped conserve water with washing machine rebates, cash for grass, and large
landscape audits.
ADVANTAGES:
Every family residential property retrofitted conserves approximately 10,000 gallons of
water per year. Qualified property owners may still take advantage of the program and
receive free retrofitting to comply with the Mandatory Retrofit Upon Change of
Ownership of Real Property Ordinance.
DISADVANTAGES:
Extending the contract will deplete funds available for Phase II of the Water
Conservation Program by up to $86,787.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NO'TIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, February 23, 2012. The
Agenda and staff report were posted on the City's website on Friday, February 24,
2012. No public comments were received.
Agenda Item 8.c.
Page 2
CITY COUNCIL
CONSIDERATION OF APPROVING A ONE-YEAR CONTRACT EXTENSION FOR THE
PLUMBING RETROFIT PROGRAM
FEBRUARY 28,201 2
PAGE 3
Attachment:
1. Contract
Agenda Item 8.c.
Page 3
ATTACHMENT 1
ClTY OF ARROYO GRANDE
STATE OF CALIFORNIA
CONTRACT
FOR:
ClTY OF ARROYO GRANDE
PLUMBING RETROFIT PROGRAM
THIS AGREEMENT, made and entered into this 28th day of February, 2012, by and between
the ClTY OF ARROYO GRANDE, a municipal corporation of the State of California, hereinafter
designated City, party of the first part, and WATERBOYS PLUMBING. INCORPORATED
hereinafter designated as Contractor, party of the second part,
WITNESSETH: That the parties hereto do mutually agree as follows:
ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by City, Contractor agrees with City to furnish all materials, equipment and
labor and construct facilities for City, and to perform and complete in a good and workmanlike
manner all the work pertaining thereto shown on the plans and described in the specifications hereto
attached, and to furnish at his own proper cost and expense all tools, equipment, labor, and
materials necessary therefore, except such materials as in the said specifications are stipulated to
be furnished by City, and to do everything required by this Contract and the said specifications and
plans, and the requirements of the Engineer under them, to wit:
CONTRACT SCHEDULE OF COSTS
CON- I
ITEM
NO.
1
2
3
4
5
6
7
8
9
10
11
TOTAL CONTRACT PRICE $86,786.60
UNIT
PRICE
$181.39
$252.20
$16.71
$5.60
$13.30
$20.00
$21 .OO
$97.00
$1 06.20
$1 38.00
$1 45.00
AMOUNT
$54,417.00
$15,132.00
$6,015.60
$1,400.00
$665.00
$3,600.00
$210.00
$1,455.00
$1,062.00
$1,380.00
$1,450.00
DESCRIPTION
1.6 gpm Flush Toilet - 12" Rough
1.6 gpm Flush Toilet - 10" Rough
Toilet Seat and Cover
2.2 gpm Faucet Aerator
2.5 gpm Shower Head
Water Pressure Determination
Adjust Existing Water Pressure Regulating Valve
Replace Existing 314" Water Pressure Regulating Valve
Replace Existing 1" Water Pressure Regulating Valve
Install New 314" Water Pressure Regulating Valve
Install New 1" Water Pressure Regulating Valve
-
QTY
300
60
360
250
50
180
10
15
10
10
10
UNIT
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
-
Agenda Item 8.c.
Page 4
TOTAL CONTRACT IN WORDS:
Eiclhtv Six Thousand Seven Hundred Eiahty Six Dollars and Sixtv Cents
BY:
SIGNATURE DATE
CONTRACTORS BUSINESS NAME: WATERBOYS PLUMBING. INC.
CONTRACTORS LICENSE NO.: 928834
LICENSE EXPIRATION DATE: February 28.2013
ARTICLE II. For furnishing all said equipment, materials and labor, performing demolition as required, and
doing all the work contemplated and embraced in this Contract; and for all loss and damage arising out of
the nature of the work aforesaid, or from the action of the elements or from any unforeseen difficulties
which may arise or be encountered in the prosecution of the work until its acceptance by City, and for all
risks of every description connected with the work; also for all expenses incurred by or in consequence of
the suspension or discontinuance of work, except such as in the said specifications are expressly
stipulated to be borne by City; and for well and faithfully completing the work and the whole thereof, in the
manner shown and described in the said plans and specifications and in accordance with the
requirements of the Engineer under them, City will pay and Contractor shall receive as full compensation
therefore the amounts for such work as installed for the unit prices bid therefore in accordance with the
proposal of Contractor.
ARTICLE Ill. City hereby promises and agrees with said Contractor to employ, and does hereby employ,
said Contractor to provide the materials and to do the work according to the terms and conditions herein
contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the
manner and upon the conditions set forth in the specifications; and the said parties for themselves, their
heirs, executors, administrators, successors, and assigns, do hereby agree to full performance of the
covenants herein contained.
ARTICLE IV. Contract Documents shall consist of The Notice to Contractors, the Statement of Prevailing
Wages, the Contract Bid, the Contract Agreement, the Standard Specifications, the Technical
Specifications, and the Special Provision mentioned therein and titled "CITY OF ARROYO GRANDE,
PLUMBING RETROFIT PROGRAMn, all of which are hereto attached are hereby incorporated in and
made a part of this Contract.
ARTICLE V. Should any of the materials or equipment prove defective or should the work prove defective
due to faulty workmanship, material furnished or methods of installation, or should the work or any part
thereof fail to operate properly as originally intended and in accordance with the plans and specifications,
due to any of the above causes, all within twelve (12) months after date on which the work called for in this
Contract is accepted by City, the undersigned agrees to reimburse City, upon demand, for its expenses
incurred in restoring said work to the condition contemplated in said project, including the cost of any such
equipment or materials replaced and the cost of removing and replacing any work necessary to make such
Agenda Item 8.c.
Page 5
replacement or repairs, or, upon demand by City, to replace any such materials and to repair said work
completely without cost to City so that said work will function successfully as originally contemplated.
City shall have the unqualified option to make any needed replacement or repairs itself or to have such
replacements or repairs done by the undersigned. In the event City elects to have said work performed by
the undersigned, the undersigned agrees that the repairs shall be made and such materials as are
necessary shall be furnished and installed within a reasonable time after the receipt of demand from City.
If the undersigned shall fail or refuse to comply with his obligations under this guaranty, City shall be
entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said
failure or refusal.
ARTICLE VI. If Contractor should be adjudged a bankrupt, or if he makes a general assignment for the
benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of
his subcontractors should persistently violate any of the provisions of the Contract, or if he should
disregard laws, ordinances or the instructions of the Engineer, then City may, upon certificate of the
Engineer when sufficient cause exists to justify such action, serve written notice upon Contractor and his
surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to
terminate the Contract, and unless, within five (5) days after the serving of such notice, such violations
shall cease and satisfactory arrangements for correction thereof be made, the Contract shall, upon the
expiration of said five (5) days, cease and terminate.
In the event of any such termination, City shall immediately serve written notice thereof upon the surety
and Contractor, and the surety shall have the right to take over and perform the Contract, provided,
however, that if the surety, within ten (1 0) days after the serving upon it of notice of termination, does not
give City written notice of its intention to take over and perform the Contract or does not commence
performance thereof within the ten (1 0) days stated above from the date of the serving of such notice, City
may take over the work and prosecute the same to completion by Contract or by any other method it may
deem advisable, for the account and at the expense of Contractor, and Contractor and his surety shall be
liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for
so doing, take possession of and utilize in completiqg the work such materials, appliances, plans and
other property belonging to Contractor as may be on the site of the work and necessary therefore. In such
case Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid
balance of the Contract price shall exceed the expenses of finishing the work, including compensation for
additional managerial and administration services, such excess shall be paid Contractor. If such expense
shall exceed such unpaid balance, Contractor shall pay the difference to City. The expense incurred by
City, as herein provided, and damage incurred through Contractor's default, shall be certified by the
Engineer.
ARTICLE VII. The Contractor shall indemnify, defend, and hold harmless the City, and its officers,
officials, employees and agents, from and against any and all claims asserted, liability, loss, damage,
expense, costs (including without limitation costs and fee of litigation) of every nature arising of, directly or
indirectly, or in connection with this Contract or the acts or omissions of Contractor, Contractor's
Subcontractors, employees, representatives, agents and invitees including, but not limited to, performance
of the work hereunder or failure to comply with any of the obligations contained herein, except such loss or
damage which was caused by the established active negligence of City or the established sole negligence
or willful misconduct of City, its officers, officials, employees and agents. Said indemnification and hold
harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance
policies covering and applicable to such liability, loss, damage, expense or cost.
Agenda Item 8.c.
Page 6
The Contractor agrees that the use of any and all public streets and improvements which are part of or
subject to this Contract shall be at all times, prior to the final acceptance by the City, the sole and exclusive
risk of the Contractor. The Contractor further specifically agrees that he shall indemnify and hold City free
of any liability for any accident, loss or damage to the work which is the subject of this Contract prior to its
completion and acceptance by the City.
ARTICLE VIII. It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid or proposal therefore, then this instrument shall
control and nothing herein shall be considered as an acceptance of the said terms of said bid or proposal
conflicting herewith.
ARTICLE IX. Time is of the essence of this contract and failure to comply with this provision shall be a
material breach of this contract.
ARTICLE X. If any part of this contract is held invalid by a court of competent jurisdiction, the balance shall
retain its full force and effect.
ARTICLE XI. Contractor shall procure and maintain, at its own cost and expense, insurance as specified
in the Special Provisions of the Contract Documents, which are incorporated into this Contract pursuant to
Article IV, herein. Maintenance of required insurance coverage is a material element of this contract and
failure to maintain or renew coverage or to provide evidence of renewal shall be a material breach of this
contract.
IN WITNESS WHEREOF: The parties hereto have caused this Contract to be executed the day and year
first above written.
CITY OF ARROYO GRANDE
ATTEST:
City Clerk
Title:
Agenda Item 8.c.
Page 7
GENERAL I-IABILITY ENDORSEMENT
CITY OF ARROYO GRANDE
300 East Branch Street
Arroyo Grande, CA 93420
POLICY INFORMATION
1. lnsurance Company:
Policy Number:
2. Policy Term - From: To:
Endorsement Effective Date:
3.
4. Name Insured:
5. Address of
Named Insured:
6. Deductible or Self-Insured Retention (Nil unless otherwise specified): $
7. Coverage is equivalent to: Commercial General
Liability "occurrence" form CG0001.
8. Bodily Injury and Property Damage Coverage is:
POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement
in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as
follows:
1) INSURED. The City, its elected or appointed officials, employees, agents and volunteers, are included
as insured with regard to damages and defense of claims arising from: (a) activities performed by or on
behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c)
premises owned, leased or used by the Named lnsured or (d) automobiles owned, leased, hired or
borrowed by the named insured.
2) CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named lnsured for or on
behalf of the City; or (b) products sold by the Named lnsured to the City; or (c) premises leased by the
Named lnsured from the City, the insurance afforded by this policy shall be primary insurance as
respects the City, its elected or appointed officials, employees, or volunteers; or stand in an unbroken
chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either
event, any other insurance maintained by: the City, its elected or appointed officials, employees, agents
and volunteers, shall be in excess of this insurance and shall not contribute to it.
SCOPE OF COVERAGE.
The policy, if primary, affords coverage at least as broad as:
1) lnsurance Services Office Commercial General Liability Coverage, "occurrence" form CG0001; or
2) If excess, affords coverage, which is at least as broad as the primary insurance forms referenced in the
proceeding sections (1).
SEVERABILITY OF INTEREST.
The insurance afforded by this policy applies separately to each insured who is seeking coverage or against
Agenda Item 8.c.
Page 8
whom a claim is made or a suit is brought, except with respects to the Company's limit of liability. The inclusion
of any person or organization as an insured shall not affect any right which such person or organization would
have as a claimant if not so included.
PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS.
Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its
elected or appointed officials, employees, agents or volunteers.
CANCELLATION NOTICE.
The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits
except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the
City. Such notice shall be addressed as shown in the heading of this endorsement.
INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN :
Title:
Department:
Company:
Street Address:
Telephone Number:
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER
1, (printltype name),
warrant that I have authority to bind the below listed insurance company and by my
signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the City)
ORGANIZATION: TITLE:
ADDRESS: TELEPHONE:
FAX:
-- END OF GENERAL LIABILITY ENDORSEMENT -
Agenda Item 8.c.
Page 9
ATTN:
POLICY INFORMATION
1. lnsurance Company:
Policv Number:
2. Policv ~erm - From: To:
~Adorsement ~ffectiver -
3. Name Insured:
4. Addressof
Named Insured:
5. Limit Liability Any One OccurrenceIAggregate: $
6. Deductible or Self-Insured Retention (Nil unless otherwise specified): $
POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement
in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as
follows:
INSURED. The City, its elected or appointed officials, employees, agents and volunteers, are included as insured
with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the
Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or
used by the Named Insured, or (d) automobiles owned, leased, hired, or borrowed by the Named Insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed.by the Named lnsured for or on behalf of
the City; or (b) products sold by the Named lnsured to the City; or (c) premises leased by the Named lnsured
from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or
appointed officials, employees, or volunteers; or stand in an unbroken chain of coverage excess of the Named
Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its
elected or appointed officials, employees, agents or volunteers, shall be in excess of this insurance and shall not
contribute t
SCOPE OF COVERAGE. The policy, if primary, affords coverage at least as broad as:
1) lnsurance Services Office form number CA 0001 (ed. 1/78), Code 1 (any auto) and endorsement CA
0025.
2) If excess, affords coverage, which is at least as broad as the primary insurance forms referenced in the
preceding section (1).
SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is
seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company's
limit of liability. The inclusion of any person or organization as an insured shall not affect any right which such
person or organization would have as a claimant if not so included.
PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply
with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to
the City, its elected or appointed officials, employees, agents or volunteers.
CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled,
reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt
Agenda Item 8.c.
Page 10
requested has been given to the City. Such notice shall be addressed as shown in the heading of this
endorsement.
INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
Title:
Department:
Company:
Street Address:
Telephone Number:
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER.
1, (printftype name),
warrant that I have authority to bind the below listed insurance company and by my
signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the City)
ORGANIZATION: -
ADDRESS:
TITLE:
TELEPHONE: . . - - . . - - -
FAX:
-- END OF AUTOMOBILE LIABILITY -
Agenda Item 8.c.
Page 11
WORKER'S COMPENSATIONIEMPLOYMENT LIABILITY ENDORSEMENT
POLICY INFORMATION
1. Insurance Company:
Policy Number:
2. Policy Term - From: To:
Endorsement Effective Date:
3. Name Insured:
4. Address of
Named Insured:
5. Limit Liability Any One OccurrenceIAggregate:
6. Deductible or Self-Insured Retention (Nil unless otherwise
specified): $
POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to
which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled,
reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return
receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of
this endorsement.
Waiver of Subroclation. The Insurance Company agrees to waive all rights of subrogation against the City,
its elected or appointed officials, agents and employees for losses paid under the terms of this policy
which arise from work performed by the Named Insured for the City.
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER
1, (printltype name),
warrant that I have authority to bind the below listed insurance company and by my
signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the City)
ORGANIZATION: TITLE:
ADDRESS: TELEPHONE:
FAX:
CITY OF ARROYO GRANDE ("the City")
A Municipal Corporation
ATTN:
This certifies to the City that the following described policies have been issued to the Insured named
below and are in force at this time.
Insured:
Agenda Item 8.c.
Page 12
Address:
Description of operationsllocationslproducts insured (show contract name and lor number, if any):
POLICIES
AND INSURERS
Worker's Compensation
(Name of Insurer)
Best's Rating
Check Policy Type:
Comprehensive
General Liability
Commercial General
Liability
(Name of Insurer)
Best's Rating:
Business Auto Policy
Liability Coverage
Symbol
(Name of Insurer)
Best's Rating:
Umbrella Liability
(Name of Insurer)
Best's Rating:
POLICY
NUMBER '
EXPIRATION
DATE
LIMITS
BODILY INJURY PROPERTY
DAMAGE
Employer's Liability $
Claims-made
Occurrence
Each Occurrence Each Occurrence
$ $
or
Combined Single Limit $
Aggregate $
Each Person
$
Each Accident
$
Combined Single
Limit $
Each Accident
$
Claims-Made Occurrence
OccurrencelAggregate $
Self Insured Retention $
Agenda Item 8.c.
Page 13
This certificate is issued as a matter of information. This certificate is not an insurance policy and does
not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any
requirement, term or condition of any contract or other document with respect to which this certificate of
insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject
to all the terms, exclusions and conditions of such policies.
The following coverage or conditions are in effect
The City, its officials, and employees, agents and volunteers, are named on all liability
policies described above as insured as respects: (a) activities performed for the City by
or on behalf of the named insured, (b) products and completed operations on the
Named Insured, and (c) premises owned, leased or used by the Named Insured.
Products and Completed Operations.
The undersigned will mail to the City 30 days' written notice by receipted delivery of
cancellation or deduction of coverage or limits.
Cross Liability Clause (or equivalent wording).
Personal Injury, Perils A, B, and C.
Broad form Property Damage
X, C, U hazards included.
Contractual Liability Coverage applying to this Contract.
Liquor Liability.
Coverage afforded the City, its officials, employees, agents and volunteers, as insured
applies as primary and not excess or contributing to any insurance issued in the name
of the City.
Waiver of subrogation from Workers' Compensation insurer.
Agency of Brokerage
Address
YES
Insurance Company
NO
Home Office
Name of Person to be Contacted Authorized Signature
~elephone Number Date
Note:
Authorized signatures may be the agent's if agent has placed insurance through an agency agreement
with the insurer. If insurance is brokered, authorized signature must be of official of insurer.
This information must include all construction work undertaken in the State of California by the bidder and
any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or
owner for the last five calendar years and the current calendar year prior to the date of bid submittal.
Separate information shall be submitted for each particular partnership, joint venture, corporate or
individual bidder. The bidder may attach any additional information or explanation of data which he would
like taken into consideration in evaluating the safety record. An explanation must be attached of the
circumstances surrounding any and all fatalities.
Agenda Item 8.c.
Page 14