04-21-2020 - AGENDA ITEM 10 CONSIDERATION OF PURCHASE ORDER WITH BIO CLEAN FOR INSTALLATION OF ADDITIONAL CATCH BASIN FULL TRASH CAPTURE DEVICESAGENDA ITEM NO. 10
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AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: April 21, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF PURCHASE ORDER WITH BIO CLEAN FOR INSTALLATION OF
ADDITIONAL CATCH BASIN FULL TRASH CAPTURE DEVICES
RECOMMENDATION:
It is recommended that the City Council authorize staff to issue a purchase order to Bio Clean, a Forterra Company,
in the amount of $56,439.30 for the purchase and installation of additional catch basin inserts at various locations in
the City.
BACKGROUND:
The City of West Covina is mandated by the Los Angeles Regional Water Quality Control Board to implement best
management practices (BMPs) as required by the City's National Pollutant Discharge Elimination System
(NPDES) Municipal Separate Storm Sewer System (MS4) Permit. The purpose of the BMPs is to minimize or
prevent pollution discharges from entering the City's storm water system and eventually make its way to the ocean.
Storm water runoff goes directly to the ocean and is not like sewage that is collected and channeled through sewer
lines to water reclamation plants, treated and then released to the ocean. Thus, it is important to collect as much
debris (leaves, trash, etc.) as possible prior to entry into the storm drains, which is the purpose of catch basin inserts.
DISCUSSION:
There are several companies that make catch basin inserts, but there are differences in the way the debris is
collected and retrieved out of these capture devices. Staff has met with manufacturers of catch basin inserts and
researched various other collection devices available to determine the best alternative for collecting debris before
they enter our storm drain system.
The City presently has catch basin inserts installed at various locations in the City. The catch basin inserts were
manufactured by two different companies, Trash Guard (18 units) and Bio Clean (six units). The Trash Guard
inserts were the first to be installed and required maintenance staff to enter the catch basins for cleaning and
necessitated confined space entry and additional staffing. Staff experienced that the Trash Guard inserts were
continually being blocked or plugged by debris preventing proper water flow and allowing the debris to bypass the
system and enter the storm drains. The Trash Guard catch basin inserts were removed after several years due to high
maintenance costs resulting from additional staffing and time required for confined space entry and because they
were ineffective at preventing debris from entering the storm drains.
The Bio Clean catch basin inserts were installed starting in 2011 and maintenance staff have experienced great
results with these devices, as they effectively capture the debris, allow continual water flow, and provide easy
access for cleaning. Staff has determined that when compared to the other catch basin manufacturers, Bio Clean
catch basin inserts are the most efficient at filtering and collecting debris while minimizing the maintenance burden
on staff. There are several key areas that the Bio Clean catch basin inserts differ from others:
• The Bio Clean catch basin inserts have a unique design that includes both a filtration basket and a "shelf
system". This "shelf system" positions the filtration basket directly under the manhole for easy access. As a
result, the Bio Clean catch basin filter is the only available insert that can be cleaned without entering the
catch basin. This reduces the staff time required to maintain the filter by up to 75 percent. It also eliminates
the need for confined space entry, thus minimizes any related safety issues and additional staff.
• The "shelf system" is patented by Bio Clean and is the sole source provider of this style of catch basin insert.
• Bio Clean offers an eight -year unlimited warranty on its product. Other manufacturers only offer warranties
between one and five years.
• The Bio Clean filter is designed to capture high levels of trash and litter, grass and foliage, sediments,
hydrocarbons, grease and oil. In addition to the multi -stage filtration device, the unit reduces pollutant loads
and has been approved by the Regional Board as a "full trash capture" device due to its removal of 100% of
trash and debris 5 mm and greater.
In accordance with Chapter 2, Section 2.05 of the Uniform Public Construction Cost Accounting Act, public works
projects of $60,000 or less may be performed by employees of the public agency by force account, by negotiated
contract or by purchase order. Staff is recommending that the City Council approve the purchase order to Bio
Clean, A Forterra Company in the amount of $56,439.30 for the installation of 18 catch basin inserts at the
following locations:
Locations
Length
1
North bound Sunset Ave, at Fairgrove on the north east corner
21' long
2
North Bound Sunset Ave, at Francisquito Ae, on the north east corner
21' long
3
North bound Sunset Ave, approx. 330 feet south of Randall Way east side of Sunset Ave.
14" long
4
North bound, Sunset Ave, at Randall Way north east corner.
14' long
5
North bound Sunset Ave, midblock at Farlington St east side of Sunset.
14' long
6
North bound Sunset Ave, at Yarnell St on the south east corner.
14' long
7
North bound Sunset Ave, at Rexwood St. on the south east corner.,
14' long
8
North bound Sunset Ave, south of Durness St. on the south east corner.
8' long
9
North bound Sunset Ave, at Dumess St. on the north east comer.
21' long
10
North bound Sunset Ave, at Merced Ave, on the north east corner. This location has (3)
catch basins.
1473', /7'. long
11
North bound Sunset Ave, at Roseway on the north east corner.
14' long
12
North bound Sunset Ave, at Cameron Ave, on the north east corner
14' long
13
North bound Sunset Ave, approx. 350 ft north of West Covina Pkwy. East side of the
street
6' long
14
North bound Sunset Ave, at Workman Ave north east corner. This location has (4) catch
basins.
28', /28'/ 21'/22'
long.
15
North bound Sunset Ave, at 408 Sunset.
10' long
16
North bound Sunset Ave, approx. 25 feet north of Rowland Ave.
10' long
17
North bound Sunset Ave, north of Carlton
I F long
1 ANorth
bound Sunset Ave, north of Eckerman
10' long
Staff is recommending that the Bio Clean catch basin inserts continue to be the future standard for storm water
capture devices, due to a patented "filter shelf collection" system, low maintenance costs and standardization of
parts and materials for future repairs.
OPTIONS:
The City Council has the following options:
1. Adopt staffs recommendation;
2. Direct staff to bid the project competitively; or
3. Provide alternate direction.
Fiscal Impact
FISCAL IMPACT:
The total estimated project costs are broken down as follows:
Item
Amount
Catch Basin Inserts
$ 37,398.0
Filter Installation
$ 10,395.0
Sales Tax
$ 3,646.3
Contingencies
$ 5,000.00
Total
$ 56,439.30
Funding will come from the following source:
Fund
I Account Number
Amount
Used Oil Grant
149.61.4180.6120
$10,000.00
CIP Utilities Misc.
189.80.7007.7400
$46,439.30
There are sufficient funds available in the Used Oil Grant account and CIP Project #20035 to complete this project
and there will be no impact to the General Fund.
Attachments
Attachment No. 1 - Quote from Bio Clean, A Forterra Company
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Facilities and Infrastructure
Protect Public Safety
B i C l
Preliminary
O v ea n
Revision #1
31-Mar-2020
A Forterra Company
Page 1
Project: West Covina CA - 5849.2 - West Covina CIBs
Quote: 1520051SIl
Engineer:
Location: CA West Covina
Sales Contact: Mike Frasco (310) 595-4583
Owner: City Of West Covina
Bid Date: March 27, 2020 at 2:56 PM
BIO-CURB-FULL-24 with 7ft Trough
Includes Installation Hardware & Mounting Kit
BIO-CURB-FULL-24 with 14ft Trough
Includes Installation Hardware & Mounting Kit
BIO-CURB-FULL-24 with 21ft Trough
Includes Installation Hardware & Mounting Kit
BIO-CURB-FULL-24 with 28ft Trough
Includes Installation Hardware & Mounting Kit
BIO-CURB-FULL-18 with 3.5ft Trough
Includes Installation Hardware & Mounting Kit
BIO-CURB-FULL-18 with 7ft Trough
Includes Installation Hardware & Mounting Kit
BIO-CURB-FULL-18 with 21ft Trough
Includes Installation Hardware & Mounting Kit
BIO-CURB-FULL-12 with 10ft Trough
Includes Installation Hardware & Mounting Kit
HYDRA CPS L 4.7 x 24 Inch
Includes Installation Hardware & Mounting Kit
Estimated Sales Tax at 9.75
Installation at Prevailing Wage
1.00
$1,775.00
EA
$1,775.00
4.00
$2,100.00
EA
$8,400.00
4.00
$2,488.00
EA
$9,952.00
1.00
$2,675.00
EA
$2,675.00
1.00
$1,650.00
EA
$1,550.00
1.00
$1,718.00
EA
$1,718.00
1.00
$2,592.00
EA
$2,592.00
3.00
$1,937.00
EA
$5,811.00
5.00
$585.00
EA
$2,925.00
1.00
$3,646.30
EA
$3,646.30
21.00
$495.00
EA
$10,395.00
GRAND
TOTAL (estimated)
$51,439.30
Page 1 of 5 03/31/2020
Bio v�Clecif 1
A Forterra Company
Project: West Covina CA - 5849.2 -West Covina CIBs
Owner: City Of West Covina
NOTES:
Preliminary
Revision #1
31-Mar-2020
Page 2
Quote: 1520051SIl
Sales Contact: Mike Frasco (310) 595-4583
1) BY SIGNING THIS CONTRACT, THE CUSTOMER AGREES TO THE FOLLOWING:
2) All terms contained within this Sales Contract.
3) Delivery to be taken within 14 days, or within agreed upon date, or pay 3% of Sales Contract Total per month for Storage Fees.
4) An additional cost for any rush filter order requested.
5) Manufacturer lead times are estimated between 3-6 weeks. The lead time clock starts after the Bio Clean technician has finished
catch basin measurements and the customer has signed the submittal package. A job is measurement ready when all catch
basins are set in concrete, concrete is cured, covers and frames have been installed, and wood or metal forming has been
removed. In addition, all forms of debris must be removed. Additional charges may apply if the Bio Clean technician must make
additional trips for catch basin measurements.
6) Product prices are based on information supplied by them (the customer). Therefore, if actual catch basin measurements do
change filter prices, Bio Clean will provide the customer with a revised Sales Contract prior to production of filters.
7) The Filter Installation service cost does include material delivery to the job site by a Bio Clean truck. And, the customer
understands that Filter Installation is an optional cost. The customer also understands that catch basins must be suitable for
proper installation of materials - manhole covers 8 grates must be accessible and easily removed, and catch basin must be clean.
Bio Clean reserves the right to remove obstructions, including the cutting of ladder mngs, and removal of temporary or existing
filters. Bio Clean may also back charge the customer for additional costs due to poor site conditions. If the customer provides
measurements and or installation, customer assumes all liability for ordering the cored product and for proper fit within the catch
basin. For all drop -ship items, customer must have off-loading capabilities.
8) Shipping of filter products via FedEx Ground Q Standard Rate. The customer completely understands that shipping costs are
their full responsibility. Therefore, the entire shipping cost will be charged on the Sales Contract and/or Invoice. Any customer
may pick up their filter products at the Bio Clean office during normal business hours at no charge.
9) All Bio Clean Filter Products carry an 8-Year Warranty.
10) As applicable, Downspout Filter Installation is the responsibility of the Customer. Therefore, the Customer must ensure that their
Installer performs installation with full access to the unit because the unit requires routine maintenance. For all drop -ship items,
customer must have off-loading capabilities.
11) As applicable, OVERT Trough Installation. The Contractor is responsible for coring basin and piping to and from grate inlet and
Modular Wetland (or, equivalent vault) unit.
12) PRICING DOES NOT INCLUDE TAX.
13) Pricing is valid for 90 days for Signed Quotes and Purchase Orders. After 90 days, Bio Clean will need to provide a new contract.
14) Seller's Quotation is based on various business factors and considerations and may not be used by any other contractor or any
other person or entity without Seller's written consent. Recipient warrants that it will not use any information disclosed in Seller's
Quotation for any purpose other than the Purpose as contemplated by the parties at the times of disclosure and further warrants
that Recipient may disclose Seller's Quotation to its Customers only to the extent that (i) such Customers have a need to know
such information (ii) Recipient must procure that such Customers agree to strictly abide by the obligations of confidentiality
imposed in this Agreement, and Recipient is fully liable for any breach of this Agreement by such persons.
15) This quote is valid for 30 days.
Sales Contact: Mike Frasco (310) 5954583
Prepared By: Julie Orndorff (442) 325-4358
Sales Office
511 E John Carpenter Fwy
Irving, TX 75062
(972)262-3600
Page 2 of 5 03/31/2020
Bio v�Clean
A Forterra Company
Project: West Covina CA - 5849.2 -West Covina CIBs
Owner: City Of West Covina
Preliminary
Revision #1
31-Mar-2020
Page 3
Quote: 1520051SIl
Sales Contact: Mike Frasco (310) 595-4583
TERMS AND CONDITIONS OF SALE: All sales are subject to Bio Clean standard Terms and Conditions of Sale which are attached to
this quotation and incorporated by reference herein.
Acceptance: Subject to contract award, we hereby order the required material at the above unit prices and agree to the terms and conditions
set forth in this quotation and the Bio Clean Terms and Conditions of Sale incorporated by reference herein.
PURCHASER
BY
TITLE DATE
BY
Peyton Edwards, Insert Sales Manager
BIO CLEAN
Page 3 of 5 03/31/2020
Bio v�Clecif 1
A Forterra Company
Project: West Covina CA - 5849.2 -West Covina CIBs
Owner: City Of West Covina
Preliminary
Revision #1
31-Mar-2020
Page 4
Quote: 1520051SIl
Sales Contact: Mike Frasco (310) 595-4583
1. PRICE. Unless otherwise expressly provided on the invoice hereof, prices stated herein do not include duties or sales, use, gross receipts, excise or similar taxes
and, accordingly, in addition to the price stated herein, the amount of any such present or future faxes or duties or increases therein applicable to the goods covered
by this Contract or to the manufacture, production, tra nsportatlon or sale thereof, shall be added to the price antl paid by the Purchaser named on the invoice
hereof ("Purchaser") or in lieu thereof, Purchaser shall provide Bio Clean Environmental Services, Inc. ("SelleP) with tax -exemption certificates acceptable to the
relevant taxing authorities. Unless otherwise expressly Provided on the invoice hereof, the prices stated are F.O.B. Seller's factory.
2. PAYMENT. Unless otherwise expressly provided on the invoice hereof, all payments are to be made net 30 days after date of invoice. Seller may at any time
require full or partial payment in advance of delivery, or In advance of manufacture, or satisfactory assurances or security from Purchaser that invoices will be paid
when due if in 5e1lers judgment the same at any time becomes necessary. If payment is not made when due, interest at the lower of 11/2 %per month or the
highest rate permitted by applicable law will be charged thereon and paid by Purchaser from the due date thereof until paid. In the event Purchaser does not pay
within the terms of this Contract, all col lectlon costs incurred by Seller, including attorneys fees, will be paid by Purchaser. Time and terms of payment are of the
essence and if any default therein be made by Purchaser or if the financial responsibility of Purchaser shall at any time become impaired or unsatisfactory to Seller,
Seller shall have the right to terminate this Contract or to defer or to discontinue further shipments hereunder until past due payments are made or satisfactory
es of Purchasers financial responsibility are received by Seller (without prejudice, however, to any rights or claims which Seller may have in law or in equity)
and such right shall continue irrespective of any prior failure on the part of Seller to exercise such right. Each shipment is to be considered a separate sale.
3. WARRANTY. UNLESS OTHERWISE EXPRESSLY PROVIDED ON THE INVOICE HEREOF, AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, SELLER
WARRANTS ONLY THAT THE GOODS COVERED HEREBY WILL CONFORM TO THE DESCRIPTION ON THE INVOICE HEREOF, THAT SELLER WILL CONVEY GOOD TITLE
THERETO, FREE FROM ANY LIEN OR ENCUMBRANCE, AND THAT SAID GOODS WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL
USE AND SERVICE AND PROVIDED SAID GOODS HAVE NOT BEEN REPAIRED, ALTERED OR NEGLECTED AND HAVE BEEN HELD IN NORMAL INDOOR/OUTDOOR
STORAGE PRIOR TO INSTALLATION. ANY CLAIM ON ACCOUNT OF DEFECTIVE GOODS OR FOR ANY OTHER CAUSE WHATSOEVER WILL CONCLUSIVELY BE DEEMED
WAIVED BY PURCHASER UNLESS WRITTEN NOTICE THEREOF 15 GIVEN TO SELLER WITHIN 12 MONTHS OF SHIPMENT OF THE GOODS TO WHICH SUCH CLAIM
RELATES. SELLER WILL BE GIVEN REASONABLE OPPORTUNITY TO INVESTIGATE ALL CLAIMS, AND NO GOODS OR PARTS THEREOF MAY BE RETURNED BY
PURCHASER TO SELLER UNTIL AFTER RECEIPT BY PURCHASER OF DEFINITE SHIPPING INSTRUCTIONS FROM SELLER. GOODS SO RETURNED WILL BE REPAIRED OR
REPLACED WITHOUT CHARGE. SELLER SHALL RESERVE THE EXCLUSIVE RIGHT TO ASSIGN FACTORY REPRESENTATIVES IN THE REPAIR OR MODIFICATION OF
GOODS SUPPLIED HEREIN. SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO PRODUCTS, ACCESSORIES OR PARTS FURNISHED BY SELLER BUT NOT
MANUFACTURED BY SELLER. SUCH PRODUCTS, ACCESSORIES OR PARTS WILL CARRY ONLY THE WARRANTY, IF ANY, OF THE MANUFACTURER THEREOF, AND
SELLER HEREBY ASSIGNS TO PURCHASER ALL OF ITS RIGHTS AND INTEREST IN THE WARRANTIES, IF ANY PROVIDED BY THE MANUFACTURERS OF SUCH
PRODUCTS, ACCESSORIES AND PARTS TO THE EXTENT THAT THIS ASSIGNMENT IS NOT PROHIBITED BY THE TERMS OF ANY AGREEMENT BETWEEN SELLER AND
THE SAID MANUFACTURERS. THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO OTHER
WARRANTY, EXPRESSED OR IMPLIED, EXCEPT SUCH AS IS EXPRESSLY SET FORTH HEREIN. SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL
DAMAGES FOR ANY BREACH OF WARRANTY OR ANY DAMAGES FOR NEGLIGENCE OR FOR THE COST OF REMOVAL, TRANSPORTATION OR REINSTALLATION OF
DEFECTIVE OR REPLACEMENT GOODS. SELLER'S LIABILITY AND PURCHASER'S EXCLUSIVE REMEDY SHALL BE EXPRESSLY LIMITED TO THE REPAIR OF DEFECTIVE
GOODS, OR THE SHIPMENT OF EQUIVALENT GOODS F.O.B. THE SHIPPING POINT INDICATED ON THE INVOICE HEREOF, OR THE REPAYMENT OF THE PURCHASE
PRICE UPON RETURN OF THE GOODS TO SELLER WITH SELLER'S APPROVAL, OR THE GRANTING OF A REASONABLE ALLOWANCE ON ACCOUNT OF ANY DEFECTS,
AS SELLER IN ITS SOLE DISCRETION MAY EMU
4. DELAYS. The scheduled dates for shipment of the products are estimated based on current and anticipated manufacturing capabilities at the time of quotation
and may be quoted as weeks after receipt of order. All delivery dates are estimates only, antl Seller shall not be liable for any damages relating to failure to ship the
Products as of a certain date. Seller shall not be liable for any delay in fulfillment of Dr failure to fulfill this Contract arising from any factory or labor conditions, tire,
failure or delay in
Seller's Initials: Purchaser's Initials:
Sellers usual sources of supply by the acts or omissions of Purchaser, its agents, subcontractors or material suppliers, or any cause not reasonably within the control
of Seller. In the event of any delay in delivery or failure to manufacture due to a cause beyond Sellers control, unless otherwise agreed, the time for delivery shall be
deemed eAended for a period equal to the period of delay.
5. TRANSPORTATION AND DELIVERY. Unless otherwise provided on the invoice hereof, all deliveries of goods are F.O.B. Seller's factory and Seller assumes no
liability for loss or damage to the goods after delivery for shipment at Seller's factory, and risk of loss with respect to the goods passes to Purchaser at the said F.O.B.
point.
Page 4 of 5 03/31/2020
Bio v�Clecif 1
A Forterra Company
Project: West Covina CA - 5849.2 -West Covina CIBs
Owner: City Of West Covina
Preliminary
Revision #1
31-Mar-2020
Page 5
Quote: 1520051SIl
Sales Contact: Mike Frasco (310) 595-4583
6. INSPECTION. Purchaser shall inspect the products immediately on the arrival thereof, and shall within fourteen (14) days after arrival give written notice to Seller
of any matter by reason whereof it may allege that the products are not In accordance with the agreement. If Buyer shall fail to give such notice, the products shall
be deemed to be in all respects in accordance with the agreement terms. All products made to special specifications are deemed to be inspected and accepted
before shipment is made, and may not be canceled
T. CHANGE ORDERS. Proposed changes in the goods subject to this Contract, submitted in writing by the Purchaser, will be reviewed by Seller for acceptability and
for the effect of the proposed changes on shipping schedules and prices; Seller will submit to Purchaser its decision to accept or not to accept the proposed changes
and the amendments to the shipping schedules, selling prices and other terms upon which the proposed changes would be acceptable to Seller, the changes will
become effective as amendments to this Contract upon Purchaser's written acceptance of the said amended terms.
B. RETURNS AND BACKCHARGES. Goods delivered hereunder may not be returned by Purchaser without the approval of Sol ler and the obtaining of appropriate
documentation (including return tags) from Seller. All returns so approved are subject to Seller's restocking charge unless otherwise agreed to in writing by Seller. No
back charges for repairs, corrections or changes in construction of the product shall be made by Purchaser or accepted by Seller without the prior written approval of
an authorized employee at Seller's factory.
9. LIMITATIONS OF LIABILITY. No representation or warranty, expressed or implied, made by any sales representative or other agent or representative of the Seller
which is not specifically set forth herein shall be binding upon Seller. Seller shall not be liable for any special, incidental or consequential damages, losses or expenses
directly or indirectly arising from the manufacture, sale, or use of the products or from any other cause relating thereto.
10. CANCELLATION. This contract is not subject to cancellation by the Purchaser except with Sallers prior written agreement and after full payment by Purchaser of
Seller's cancellation charges which shall be equal to all amounts incurred by Seller for materials, labor and overhead in respect of the canceled goods plus reasonable
contract profits.
11. GOVERNING LAW AND IURSIDICTION. The Contract has been entered into and shall be construed and enforced in accordance with the laws of the State of
California without reference to the choice of law principles thereof. Venue and jurisdiction for any proceedings arising out of the Contract shall lay exclusively in the
state and federal courts of San Diego County, California.
12. MISCELLANEOUS. (al The waiver by Seller of any term, provision or condition hereunder shall not be construed to be a waiver of any other terms, provisions or
conditions hereof, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision. (b) This Contract and all questions of
validity, interpretation, performance and nonperformance shall be governed by the laws of the State of California. (c) Purchaser is hereby notified of Seller's
objection to any of Purchasers terms Inconsistent herewith and to any additional terms proposed by Purchaser in accepting this Contract and such inconsistent or
additional terms shall not become a part of this Contract unless expressly accepted in writing by Seller. Neither Sellers subsequent lack of objection to any such
terms, nor the delivery of goods covered hereby, shall constitute or be deemed an agreement by Seller to any such terms. (d) This Contract, including the terms and
conditions on the invoice and reverse side hereof, supersedes all prior negotiations antl understandings of the parties and contains the complete antl final
agreement between Sel ler and Purchaser concerning the subject matter hereof and no other agreement in any way modifying any of the said terms and conditions
will be binding upon Seller unless made in a writing specifically referring to this Contract and signed by Sellers authorized representative.
Sellers Initials: Purchaser's Initials:
Page 5 of 5 03/31/2020