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HomeMy WebLinkAbout1996-07-01 City CouncilTO: FROM: AGENDA DATEi of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: Public Works July 1, 1996 CMR:325:96 1 SUBJECT:Award of Contract to BFI of California, Inc. for the Screenings Disposal for the Regional Water Quality Control Plant REQUEST This is a request for approval of an annual contract, with options for two additional one-year terms, with BFI of California, Inc., in the amount of $35,000 for the first year for the transportation and disposal of the screenings from the RWQCP. RECOMMENDATIONS Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract with BFI of California, Inc. in the amount of $35,000 for FY 1996-97 for the transportation and disposal of the screenings from the RWQCP. Authorize the City Manager or her designee to negotiate and renew the contract with BFI of California, Inc. at the end of each year for a total period not exceeding three years, provided that the work is needed and the funds are appropriated, and the total value of the renewal does not exceed $35,000 per year. POLICY IMPLICATIONS The award of this contract is consistent with existing policies., EXECUTIVE SUMMARY Project Description The work to be performed under the contract is for ttie transportation and disposal of the screenings from the RWQCP. The screenings are grit, rags, plastics and floatables removed from the sewage by bar screens installed at the RWQCP influent channels. The screenings meet the Regional Board’s requirements for landfilling. This operation is part of the normal CMR:325:96 Page 1 of 3 wastewater treatment plant process. The RWQCP currently disposes its screenings through a commercial hauler at the Vasco Road Landfill operated by BFI of California, Inc. Bid Process A notice inviting bids for the screenings disposal project was advertised over the Internet. The project was also advertised in the San Jose Mercury. News and the San Francisco Chronicle during the week of May 1, 1996. Bid packages were sent to five contractors. The bidding period was 28 days due to the simplicity of the project. Four contractors formed two partnership teams for the project submitting two bids. Bids from the two qualified contracting teams were received on May 21, 1996, as listed on the attached bid summary (Attachment A). The bids ranged from a high annual cost of $28,590 to a low annual cost of $28,580, based on the estimated amount of screenings per year. Disposal of the screenings is highly regulated by State regulations. There are a limited number of disposal sites in the Bay Area that are qualified to accept the screenings for disposal. The contractor not responding indicated that it was phasing out of the business. Staff has reviewed all bids submitted. The bid submitted by Total Waste System is for nighttime transportation of screenings and has a penalty clause for daytime transportation. The screenings operation at the RWQCP is normally and preferably carried out during daytime shifts when the plant is fully staffed. The RWQCP is a 24 hour operating plant and can accommodate nighttime operation of the screenings disposal with prior arrangement. However, the RWQCP cannot guarantee that nighttime transportation can always be accommodated throughout the entire year, due to unforeseeable plant operations. If the RWQCP requires daytime transportation of the screenings at any time during the year, Total Waste System’s bid would incur an additional cost of $80 each trip. Restricting the Plant’s screenings transportation to nighttime operation only would pose potential operational problems. Although Total Waste System’s bid was ten dollars per year lower than BFI, as shown on the bid summary, its penalty for daytime transportation would certainly result in a higher annual cost than BFI’s bid. Staff recommends that the bid of $350.00 per load for transportation plus $30.00 per ton tipping fee, submitted by BFI of California, Inc., be accepted, and that BFI of California, Inc. be declared the lowest responsible bidder. The bid is the same as the RWQCP’s current contract price for screenings disposal. The bid amount is an estimate of the number of hauls and tonnage per year. The recommended contract award amount is larger to provide for variations in actual tonnage and hauls. FISCAL IMPACT Funds for the first year of the contract are included in the FY 1996-97 Wastewater Treatment Operating budget. Funds for years two and three are contingent upon Council approval of the budget for each subsequent year. CMR:325:96 Page 2 of 3 ENVIRONMENTAL ASSESSMENT This project is categorically exempt environmental review is necessary. ATTACHMENTS A - Bid Summary B - Contract from the provisions of CEQA and no further PREPARED BY: ’ Bill Miks, Manager RWQCP DEPARTMENT HEAD REVIEW: GLENN S. ROBERTS Director of Public Works C!TY MANAGER APPROVAL: ;istant CMR;325:96 Page 3 of 3 SCREENINGS, DISPOSAL PLAN HOLDERS LIST 1.BFI of California o Total Waste System, Inc. Redwood Landfill Q o Dellafosse Trucking Rodding-Cleaning Services, Inc. EXHIBIT A SCREENINGS DISPOSAL BID SUMMARY Transportation Cost per Load Tipping Fee per Ton City Testing Required per Year Total Transportation Cost per Year(1) Total Tipping Fee per Year(2) Total Testing Fee per Year Grand Total per Year Total Waste System $345.00 $30.00 2 $17,940.00 $10,140.00 $500.OO Pe .for aytime ---:: : ’" : $80~00 Transportation per Trip .- BFI $350.00 $30.00 $18,200.00 $10,140.00 $250.00 / ~ $28,590.00 . : : ¯0,00 ¯¯¯¯ o) Based on one load per week, 52 loads per year <2) Based on 6.5 tons.per load, 338 tons per year FORMAL CONTRACT CONTRACT (Public Work) This Contract, dated , is entered into by and between the City of Palo Alto, a chartered city and a municipal corporation of.the State of California ("City"), and Browning-Ferris Industries of California. Inc. (BFI) . a California Corooration . ("Contractor"). For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor ("the parties") agree: Term.. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. General Sco!~e of Pro!ect and Work. Contractor shall furnish labor, services, materials and.equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows: Title of Project:Screenings Disposal NO.: Base Bid:$ (See Exhibit "A" hereof) Add Alternates (if any): $. Total Bid: $ 87203 = Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the following descending order of precedence. mo This Contract. Notice Inviting Formal Bids. Project Specifications. Exhibit "A" to this Contract. Change Orders. Bid. Supplementary Conditions. General Conditions. Standard Drawings and Specifications (1992). Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. Affirmative Action Guidelines and Compliance Report. Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specifications (1992). Any other document not expressly mentioned herein which is issued by City or entered into by the parties. CITY of PALO ALTO: Screenings Disposal Page 1 of 8 FORMAL CONTRACT = = Comoensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Notice Inviting Formal Bids on terms and conditions and in amounts as may be required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter. To the extent Contractor will use hazardous materials in connection with the execution of its obligations under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City Council members, officers and employees from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in .connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract, under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § §9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. § §6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. § §2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, §§25300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, §§25100- 25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code, §§25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, § §25280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common law. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of City or any of its Council members, officers, employees, agents or representatives. CITY of PALO ALTO: Screenings Disposal Page 2 of 8 FORMAL CONTRACT o Q 10. 11. Waiver. The acceptance of any payment.or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials. Bond~. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice Inviting Formal Bids. Reoresentations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants: ao b° c° do eo fo g° Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and .fit to be used for the particular purpose for which the materials are required; Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by contractor for and in behalf of City. Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City; Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor’s Bid, except as may be permitted by the Notice Inviting Formal Bids; Contractor has the power and authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; CITY of PALO ALTO: Screenings Disposal Page 3 of 8 FORMAL CONTRACT 12. 13. 14. 15. Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project Manager or any other person who has directly contributed to City’s decision to award the contract to Contractor; k= There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor’s ability to.perform under the Contract; Contractor has furnished and will furnish true and Accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; Contractor and any person performing labor and services under this Project are duly licensed by the State of California as required by California Business & Professions Code Section 7028, as amended; and Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the .Project site. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void. Claims of-Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim to City. Audits bv City. During the term of this Contract and for a period of not less than three (3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related and Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as a,mended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City. _Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission. To Ci.ty:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto. CA 94303 CITY of PALO ALTO: Screenings Disposal Page 4 of 8 FORMAL CONTRACT Copy to:City of Palo Alto Regional Water Quality Control Plant 2501 Embarcadero Way P.O. Box 10250 Palo Alto, CA 94303 (415) 329-2287 FAX: (415) 856- 0196 . ATTN: Daisy Stark, Project Manager To Contractor:BFI of California, Inc 901 Bailey Road . Pittsburg, CA 94565 (415) 458-9800 FAX: (415) 458-9891 ATTN: Chds Rossi 16. 17. ApDroDriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only after such expenditures have been approved in advance in writing in accordance with applicable Laws. This Contract shall terminate without penalty (i) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16 shall control in the event of a conflict with any other provision of this Contract. Miscellaneous. Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor. Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract which directly results from an Act of God or an act of a superior governmental authority. Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. CITY of PALO ALTO: Screenings Disposal Page 5 of 8 FORMAL CONTRACT Incorporation of Documents. All documents constituting the Contract documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. Integration. This Contract and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Contract. Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless such modification is agreed to in writing and signed by the parties. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect. Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day. Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Santa Clara in the City of San Jose or in the United States District Court for the Northern District of California in the City of San Jose. Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs, including reasonable attorney’s fees, incurred or expended in connection with such action against the non-prevailing party. CITY of PALO ALTO: Screenings Disposal Page 6 of 8 FORMAL CONTRACT IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of Palo Alto, County of Santa Clara, State of California on the date first stated above. A’I-rEST:CITY OF PALO ALTO By: City Clerk Its: Mayor APPROVED:CONTRACTOR: By: City Manager Director of Public Works Director of Administrative Services Name: Title: Taxpayer I.D. No.77-0222614 Manager, Contract Administation APPROVED AS TO FORM: Senior Asst. City Attorney CITY of PALO ALTO: Screenings Disposal Page 7 of 8 FORMAL CONTRACT STATE OF COUNTY OF On in and CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) ) ) , before me, , a notary public for said County, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, , and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. END OF SECTION CITY of PALO ALTO: Screenings Disposal Page 8 of 8 EXHIBIT A SCREENINGS DISPOSAL SCOPE OF WORK The Palo Alto Regional Water Quality Control Plant (RWQCP) removes floatables such as rags and plastics from the plant influent by means of bar screens installed in its influent channels. This process is a conventional process for wastewater treatment plants. The removed floatables from such process is known as "screenings". The screenings typically meet the Regional Board’s requirements for landfill. The current practice of the water quality control plants in the Bay area is to dispose of their screenings at various landfills. The RWQCP’s objective is to continue to dispose its screenings at a landfill. BFI of California, Inc. (Contractor) owns and operates the Vasco Road Sanitary Landfill, a fully permitted Class III landfill located at 4001 North Vasco Road, Livermore, CA 94550. The landfill contains a Subtitle "D" type liner and leachate monitoring collection system and is suitable for the disposal of sewage treatment plant screenings. Contractor has subcontracted with DellaFosse Trucking, a licensed hauler, to transport the screenings from the RWQCP to the Vasco Road Landfill for proper disposal. Contractor shall transport and dispose of the screenings in accordance with the contract documents. The RWQCP removes approximately one ton of screenings a day. The screenings removal process is fairly constant with little fluctuation or seasonal variations. The screenings is free of standing water and conforms with the Regional Board’s requirements for landfill. Analyses for organics, inorganics, and asbestos were performed on the screenings from the RWQCP by an independent laboratory. The analyses reports are attached hereto as Attachment 1 and made part of this Exhibit A. Contractor shall conduct additional tests and analyses as required. 4 Term of Contract; Renewal and Termination The term of this Contract shall be for an initial period of one (1) year from the Effective Date unless terminated subject to the provisions of this paragraph 4 or section 16 of this Contract. The Effective Date shall be the Date of Execution of this Contract. On the first and second anniversary of the Effective Date, this Contract shall be automatically renewed for an additional one (1) year term, unless either party delivers notice to the other party not less than sixty (60) days prior to the anniversary date of then .current term of the Contract that the Contract will not be renewed. In no event shall the term of this Contract exceed a total of three (3) years. Notwithstanding the foregoing, and without limitation to such rights or Exhibit A Screenings Disposal No. 87203 1 remedies as City shall otherwise have by law, City shall have the right to terminate this Contract or suspend the work hereunder, with or without cause, by providing thi .rty (30) day’s written notice thereof to Contractor, Contractor agrees to cease all work under this Contract upon receipt of said written notice. Consideration 6 For the entire term of this Contract, City shall pay Contractor a transportation fee of three hundred fifty dollars ($350.00) per trip, and a tipping fee of thirty dollars ($30.00) per ton for the disposal of the screenings. Packaging City will package the screenings in one to two cubic yard size plastic bags. The Contractor shall provide two water tight, covered debris boxes for the removal of the screenings. One box shall remain at the RWQCP and the other shall be used by the Contractor for exchanges. The Contractor shall deliver one box to the RWQCP to be kept at the RWQCP. City will place the bagged screenings in the box and will notify the Contractor for exchange of boxes and .disposal of the screenings when sufficient number of bags are accumulated and ready for disposal. Each box shall be approximately 8’ by 14’, water tight, with cover and suitable for transportation of the screenings. Past experience indicated that there will be approximately one box of screenings per week. TRANSPORTATION The City will notify the Contractor two calendar days before the required disposal of the screenings and box exchange. Upon notice, the Contractor shall at its expense, remove, transport, and dispose of the screenings at a state approved sanitary landfill site suitable for proper disposal of sewage treatment plant screenings. Removal and exchange of the boxes shall be between the hours of 7:00 a.m. and 7:00 p.m., upon City’s notification. With prior arrangement and notification to City, night time transportation may be arranged. Contractor shall ensure transportation of the screenings is provided by licensed, registered hauler who complies with all applicable laws and rules of the State and Federal Departments of Transportation and who carries insurance acceptable to the City. Weights and Assays City will keep a record of the estimated weight or volume of each truck load of screenings. At its expense, the Contractor shall weigh each truckload of the screenings received at its disposal site and submit the weight tags to the RWQCP. Exhibit A Screenings Disposal No. 87203 2 o 10 Analyses The RWQCP will submit analyses reports as required by the Regional Board to the Contractor. The Contractor shall, at its expense, perform additional analyses if desired or as necessary. Permits and Licenses Contractor shall be responsible for obtaining and maintaining any and all necessary permits and licenses to transport, landfill, and disposal of the screenings, and to comply with any and all rules and regulations of the governing agencies for the project. Insurance The Contractor agrees to maintain all insurance required of it to perform the Contract under all applicable federal, state and local laws, regulations and ordinances, but in no event less than general commercial liability coverage of $1,000,000 in the aggregate and per occurrence with the City named as an additional insured with respect to obligations, operations and activities undertaken in the performance of the Contract. The Contractor shall require any transporter chosen or used by the Contractor to transport the screenings to maintain all insurance required under all applicable federal, state and local laws, regulations and ordinances, including specifically, general commercial liability and motor vehicle liability coverage in aggregate amounts of not less than $1,000,000 per occurrence naming the Contractor and the City as additional insureds. Exhibit A Screenings Disposal No. 87203 3