HomeMy WebLinkAboutStaff Report 199-07City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
FROM:CITY MANAGER ’DEPARTMENT: PUBLIC WORKSl
DATE:MAY 7, 2007 CMR:199:07
SUBJECT:APPROVAL OF AN ENTERPRISE FUND CONTRACT WITH ROMIC
ENVIRONMENTAL TECHNOLOGIES CORPORATION IN THE BASE
AMOUNT OF $212,128 FOR PROVISION OF SERVICES FOR
TRANSPORTATION AND DISPOSAL OF ASH FOR THE REGIONAL
WATER QUALITY CONTROL PLANT
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the City Manager or his designee to execute the attached contract
with Romic Environmental Technologies Corporation in the amount of $212,128 for
provision of services for transportation and disposal of ash for the Regional Water
Quality Control Plant (Attachment A).
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Romic Environmental Technologies Corporation for related,
additional but unforeseen work which may develop during the project, the total value of
which shall not exceed $21,212 per year.
Authorize the City Manager or his designee to exercise the option to renew the contract
for the second and third year at a five percent increase per year provided the contractor is
responsive to the City’s needs and the quality of the contractor’s work is acceptable
during the prior year(s) of the contract.
DISCUSSION
Project Description
The work to be performed under the contract is hauling and disposal of incinerator ash from the
Regional Water Quality Control Plant (RWQCP). The RWQCP operates two sludge incinerators
that produce about 1,211 dry tons of incinerator ash per year. Currently, RWQCP ash is used as
an agricultural soil amendment in the San Joaquin Valley [CMR 403:05; 205:02], and this is still
the preferred method of disposal. The new contractor, Romic Environmemal Technologies
Corporation, will provide a backup hauling and disposal service in the event that (a) the current
disposal contractor, Offset Environmemal Services, is unable to haul or dispose of the ash or (b)
if the ash fails to meet quality standards for application to farmland. Ash is hauled away twice
per week. The plant does not have any ad hoc capabilities (e.g., onsite storage facilities, hauling
equipmem, etc.) to deal with surplus ash in the evem Offset Environmental Services is unable to
3
CMR:199:07 Page 1 of 3
haul or dispose of plant ash. It is common to have a backup contract to provide for use of a
landfill when beneficial reuse cannot be pursued.
A request for quotation for the project was posted at City Hall and sent to four bidders. The
bidding period was 21 days. Bids were received from two qualified contractors on March 13,
2007, as listed on the attached bid summary (Attachment B). Bids ranged from a high of
$234,575.22 to a low bid of $212,127.50.
Bid Name/Number
Proposed Length of Proiect
Number of Bids Mailed
Contractors
Number of Bids Mailed to Builder’s
Exchanges
Total Days to Respond to Bid
Pre-Bid Meeting?
Number of *Bids Received:
Bid Price Range
*Bid summary provided
Attachment C.
Summary of Bid Process
i Transportation and Disposal of AshiRFQ 121081
12 months
to 4
0
21
No
2
From a low of $212,127.50 to a high of $234,575.22
in Attachment B. The Certification of Nondiscrimination is
Staff has reviewed all bids submitted and recommends that the bid of $212,127.50 submitted by
Romic Environmental Technologies Corporation be accepted and that Romic Environmental
Technologies Corporation be declared the lowest responsible bidder. The bid is 12 percent
below the engineer’s estimate of $241,153.
Staff checked references supplied by the contractor for previous, work performed and found no
significant complaints. Staff also checked with the Contractor’s State License Board and found
that the contractor has an active license on file,
RESOURCE IMPACT
Funds for the first year of the contract have been appropriated in the FY 2006-2007 Wastewater
Enterprise Funds. Fund for years two and three are contingent upon Council approval of the
budget for each subsequent year.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
The recommended action is exempt from review under the California Environmental Quality Act
pursuant to CEQA Guidelines Section 15301 (b), which exempts negligible expansion of an
existing use including operation of publicly-owned sewerage services, structures, facilities,
mechanical equipment, or topographical features.
CMR:199:07 Page 2 of 3
ATTACHMENTS
Attachment A: Contract
Attachment B: Bid Summary
Attachment C: Certification of Nondiscrimination
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
James Allen, Project Engineer RWQCP
Rick Wetzel, Manager RWQ~P
GLENN S. ROBERTS
Director of Public Works
EMIL~7 ~SON
Assistant City Manager
CMR:199:07 Page 3 of 3
ATTACHMENT A
CONTRACT C07121081
GENERAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into on the ~ day of April, 2007, by and between the CITY
OF PALO ALTO (" CITY"), and ROMIC ENVIRONMENTAL TECHNOLOGIES
CORPORATION, a California corporation with offices located at 2081 Bay Road, East Palo Alto, CA
94303 ("CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as
follows:
3o
o
SERVICES. CONTRACTOR shall provide or furnish the services ("Services") described in the
Scope of Services, attached as Exhibit A.
EXItlBITS. The following exhibits are attached to and made a part of this Agreement:
~ "A" - Scope of Services
~ "B" - Schedule of Performance (NOT U$~.D)
~ "C" - Compensation
1~ "D" Insur ~ " "ance ~eqmrements Cerhficate
~ "E" - Discrimination Compliance Form
~ "F" - Performance and/or Payment Bond (NOT
~ "G"- Liquidated Damages (NOT
CONTRA CT IS NOT COMPLETE UNLESS ALL EXHIBITS ARE A TTA CriED.
TERM.
(a) The term of this Agreement is from April xx, 2007 to April xx, 2008, inclusive, subject to the
provisions of subsection 3.(b) and Section R of the General Terms and Conditions.
(b)CITY has the right to extend the term of this Agreement for two (2) additional one year
periods (the "Additional Terms"), based upon the same conditions of the initial term, subject
to adjustments for compensation as set forth in Section E of the General Terms and
Conditions. CITY shall notify CONTRACTOR in writing of its exercise of its option for an
Additional Term not less than thirty (30) days prior to the end of the then current term.
CITY’s exercise of its fight to extend the term of this Agreement is not a waiver of the "time
is of the essence" provision in Section 4.
SCOPE OF WORK. CONTRACTOR shall complete the Services within the term of this
Agreement in a reasonably prompt and timely manner based upon the circumstances and direction
communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in
the Scope of Services, attached as Exliibit A. Time is of the essence in this Agreement.
COMPENSATION. CITY shall pay and CONTRACTOR agrees to accept as not to exceed
compensation for the full performance of the Services and reimbursable expenses, if any:
A sum calculated in accordance with the fee schedule set forth in Exhibit C; not to exceed
a total maximum compensation amount of Two Hundred Twelve Thousand One Hundred
Twenty-seven Dollars and 50/100 ($212,127.50).
CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total
maximum compensation set forth above. Any hours worked or services performed by
CONTRACTOR for which payment would result in a total exceeding the maximum amount of
compensation set forth above for performance of the Services shall be at no cost to CITY.
050809 sm 0100394
CONTRACT C07121081
The City hasset aside the sum of Twenty-one Thousand Two Hundred Twelve Dollars
($21,212.00) for Additional Services. CONTRACTOR shall provide Additional
Services only by advanced, written authorization from the City Manager or designee.
CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal
including a description of the scope of services, schedule, level of effort, and
CONTRACTOR’s proposed maximum compensation, including reimbursable expense,
for such services. Compensation shall be based on the hourly rates set forth above or in
Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump
sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional
Services for which payment would exceed the amount set forth above for Additional
Services. Payment for Additional Services is subject to all requirements and restrictions
in this Agreement.
INVOICING. Send all invoices to the CITY, Attention: Mary Sekator, Public Works
Department, Water Quality Control Plant Division, at 2501 Embarcadero Way, CA 94303
(Phone) 650-329r2598, Invoices shall be submitted in arrears for Services performed. Invoices
shall not be submitted more frequently than monthly. Invoices shall provide a detailed
statement of Services performed during the invoice period and are subject to verification by
CITY. CITY shall pay the undis ~uted amount of invoices within 30 days of receipt.
050809sm 0100394 2
CONTRACT C07121081
GENERAL TERMS AND CONDITIONS
ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this
Agreement. This Agreement includes and is limited to the terms and conditions set forth in
sections l through 6 above, these general terms and conditions and the attached exhibits.
QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and
qualifications to complete the services described in Section 1 of this Agreement, entitled
"SERVICES," and that every individual charged with the performance of the services under this
Agreement has sufficient skill and e.xperience and is duly licensed or certified, to the extent such
licensing or certification is required by law, to perform the Services. CITY expressly relies on
CONTRACTOR’s representations regarding its skills, knowledge, and certifications.
CONTRACTOR shall perform all work in accordance with generally accepted business practices
and performance standards of the industry, including all federal, state, and local operation and
safety regulations.
Ho
INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this
Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be
considered an independent CONTRACTOR and not an agent or employee of CITY.
CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete
the work required under this Agreement.
SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services
under this Agreement unless CONTRACTOR obtains prior written consent of CITY.
CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and
for any compensation due to subcontractors.
COMPENSATION DURING ADDITIONAL TERMS. CONTRACTOR’s compensation rates
may be adjusted effective on the commencement of each Additional Terrm The lump sum
compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above,
may be increased by an amount not to exceed five (5) percent for each of the two (2) additional
one year periods. Notwithstanding the foregoing, in no event shall CONTRACTOR’s
compensation rates be increased by an amount exceeding five percent of the rates effective during
the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall
be reflected in a written amendment to this Agreement.
TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees,
contributions or charges applicable to the conduct of CONTRACTOR’s business.
COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services
comply with all applicable federal, state and local laws, ordinances, regulations, and orders
DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole
expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or
private property that occurs in connection with CONTRACTOR’s performance of the Services.
CITY may decline to approve and may withhold payment in whole or in part to such extent as
may be necessary to protect CITY from loss because of defective work not remedied or other
damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services.
CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s
request. When the grounds described above are removed, payment shal[ be made for amounts
withheld because of them.
WARRANTIES. CONTRACTOR expressly warrants that all services provided under this
Agreement shall be performed in a professional and workmanlike manner in accordance with
generally accepted business practices and performance standards of the industry and the
requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and
050809 sm 0100394
CONTRACT C07121081
equipment provided by CONTRACTOR under this Agreement shall be fit for the particular
purpose intended, shall be free from defects, and shall conform to the requirements of this
Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in
compliance with these warranties, including incomplete, inaccurate, or defective material or
service, at no further cost to CITY. The warranties set forth in this section shall be in effect for the
life of the contract and shall survive the completion of the Services or termination of tiffs
Agreement.
J.MONITORING OF SERVICES. CITY may monitor the Services performed under this
Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner
and complies with the provisions of this Agreement.
KQ CITY’S PROPERTY. Any reports, information, data or other material (including copyright
interests) developed, collected, assembled, prepared, or caused to be prepared under this
Agreement will become the property of CITY without restriction or limitation upon their use and
will not be made available to any individual or organization by CONTRACTOR or its
subcontractors, if any, without the prior written approval of the City Manager.
Lo AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at
any reasonable time during the term of this Agreement and for three (3) years from the date of
final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement.
CONTRACTOR agrees to maintain accurate books and records in accordance with generally
accepted accounting principles for at least three (3) following the terms of this Agreement.
M.NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by
CITY shall operate as a waiver on the part of CITY of any of its fights under this Agreement.
INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during
the term of this Agreement, the insurance coverage described in Exhibit D. Insurance must be
provided by companies with a Best’s Key rating of A-:VII or higher and which are otherwise
acceptable to the Ctiy’s Risk Manager. The City’s Risk Manager must approve deductibles and
self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are
subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a
policy endorsement naming the City of Palo Alto as an additional insured under any general
liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the
insurance is primary coverage and will not be canceled or materially reduced in coverage or limits
until after providing 30 days prior written notice of the cancellation or modification to the City’s
Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of
coverage satisfactory to CITY’s Risk Manager, together with the required endorsements and
evidence of payment of premiums, to CITY concurrently with the execution of this Agreement
and shall throughout the term of this Agreement provide current certificates evidencing the
required insurance coverages and endorsements to the CITY’s Risk Manager. CONTRACTOR
shall include all subcontractors as insured under its policies or shall obtain and provide to CITY
separate certificates andendorsements for each subcontractor that meet all the requirements of this
section. The procuring of such required policies of insurance shall not operate to limit
CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement.
O. HOLD HARMLESS. To the fullest extent permitted by law, CONTRACTOR shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an "Indenmified Party") from and against any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other !oss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the CONTRACTOR, its officers, employees, agems or contractors under
this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
050809 sm0100394 4
CONTRACT C07121081
Ro
Notwithstanding the above, nothing in this Section O. shall be construed to require
CONTRACTOR to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
The acceptance of CONTRACTOR’s services and duties by CITY shall not operate as a waiver of
the right of indemnification. The provisions of this Section O. shall survive the expiration or early
termination of this Agreement.
NON-DISCRIMINATION. In the performance of this Contract, CONTRACTOR shall not
discriminate against any employee or applicant for employment because of race, skin color,
gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status,
marital status, familial status, weight or height of such person. CONTRACTOR agrees to meet all
requirements of Palo Alto Municipal Code, Chapter 2.30 pertaining to nondiscrimination in
employment, including completing the Non-Discrimination Compliance Form, attached hereto as
Exhibit E, and incorporated herein by this reference.
WORKERS’ COMPENSATION. CONSULTANT, by executing this Agreement, certifies that it
is aware of the provisions of the Labor Code of the State of California which require every
employer to be insured against liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that it will comply with such
provisions, as applicable, before commencing and during the performance of the Services.
TERMINATION. The City Manager may terminate this Agreement without cause by giving ten
(10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any
of its material obligations under this Agreement, in addition to all other remedies provided by law,
the City Manager may terminate this Agreement immediately upon written notice of termination.
Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue
performance. CITY, CITY shall pay CONTRACTOR for services satisfactorily performed up to
the effective date of termination. If the termination if for cause, CITY may deduct from such
payment the amount of actual damage, if any, sustained by CITY due to Contractor’s failure to
perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall
immediately deliver to the City Manager any and all copies of studies, sketches, drawings,
computations, and other material or products, whether or not completed, prepared by
CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials
shall become the property of CITY.
ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and
assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred
without the prior written consent of the CITY. No amendments, changes or variations of any kind
are authorized without the written consent of the CITY.
CONFLIC3~ OF INTEREST. In accepting this Agre.ement, CONTRACTOR covenants that it
presently has no interest, and will not acquire .any interest, direct or indirect, financial or
otherwise, which would conflict in any manner or degree with the performance of this Contract.
CONTRACTOR further covenants that, in the performance of this Contract, it will not employ
any person having such an interest. CONTRACTOR certifies that no City Officer, employee, or
authorized representative has any financial interest in the business of CONTRACTOR and that no
person associated with contractor has any interest, direct or indirect, which could conflict with the
faithful performance of this Contract. CONTRACTOR agrees to advise CITY if any conflict
arises.
GOVERNING LAW. This contract shall be governed and interpreted by the laws of the state of
California.
ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire
agreement between the parties with respect to the services that may be the subject of this
050809 sm0100394 5
CONTRACT C07121081
Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the
Agreement itself controls over any conflicting provisions in the exhibits. This Agreement
supersedes all prior agreements, representations, statements, negotiations and undertakings
whether oral or written.
NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of
the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without
any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the
following fiscal year, or (b) 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 shall take precedence in the event of a conflict with any other covenant, term,
condition, or provision of this Contract.
THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY
CITY. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY,
MONTH, AND YEAR FIRST WRITTEN ABOVE.
APPROVED AS TO FORM:CITY OF PALO ALTO
Senior Asst. City Attorney X.___~Assistant City Manager
Purchasing Manager
APPROVED:
Dkector of Administrative Services
ROMIC ENVIRONMENTAL TECHNOLOGIES
CORPORATION
Title:
Name:
or Vice-President)
Title: /
(If corporation: Secretary or Treasurer)
Taxpayer Identification No. ’
(Compliance with Corp. Code § 313 is required if the
entity on whose behalf this contract is signed is a
corporation. In the alternative, a certified corporate
resolution attesting to the signatory authority of the
individuals signing in their respective capacities is
acceptable)
050809 sm 0100394 6
CONTRACT C 07121081
EXHIBIT A
SCOPE OF SERVICES
1.1 BACKGROUND
1.2
Ao The Palo Alto Regional Water Quality Control Plant (RWQCP) operates a sewage sludge
incinerator, which creates bottom ash. The sludge is thermally transformed into ash
containing inorganic oxides.
PURPOSE
1.3
A-.This contract is for hauling and disposal of ash. The contractor is to maintain
qualifications and licenses to haulthe ash to a State of California Class 1-nonRCRA
sanitary landfill.
The contractor shall transport and dispose of the ash in accordance with the terms and
conditions of this contract. The Contractor shall be expressly designated by the Parties
hereto as the transporter of, and the arranger for the disposal of all wastes to be
transported, managed and disposed of under this contract.
CHARACTERISTICS OF ASH
1.4
A. The RWQCP produces approximately 1211 dry tons of ash per year.
B. For waste characterization, lab analyses are available upon request.
PACKAGING AND TRANSPORTATION
Bo
The city will load the ash into a bin owned by the contractor and left.at the plant site. The
contractor shall provide four watertight, covered bins for ash. Two bins shall remain at
the RWQCP and the other two shall be used by the contractor for exchanges. The
contractor shall deliver two bins to the RWQCP for the temporary storage of the ash. The
city will place the ash into the bins and will notify the contractor for exchange of bins
and disposal of the ash when the bins are sufficiently full and ready for disposal. The two
bins, each approximately 20 cubic yards, shall be water tight, lined, covered, and suitable
for transportation of the ash.
The city will notify the contractor two calendar days before the required disposal of the
ash and bin exchange. Upon notice, the contractor shall at its expense, remove, transport,
and dispose of the ash at a state approved, class 1-nonRCRA sanitary landfill site
suitable for proper disposal of ash. Removal and exchange of the bins shall be between
the hours of 7:00 a.m. and 7:00 p.m., upon city notification. Transportation shall be by
licensed, registered hauler who complies with all local, state, and federal laws.
Exhibit A 1
CONTRACT C07121081
1.5 WEIGHTS AND ASSAYS
1.6
The city will keep a record of the estimated weight or volume of each track load of ash.
At its expense, the contractor shall weigh each truckload of the ash received at its
disposal site and submit the weight tags to the RWQCP.
DOCUMENTATION, PERMITS AND INSURANCE
A.The contractor shall maintain permits and insurance required during the term of this
contract.
Do
Eo
Contractor shall provide all appropriate documentation, certifications and records for the
transportation, management and disposal of Class 1 wastes and all applicable federal,
state and local laws and regulations, including, but not limited to:
1. bills of lading or non-hazardous waste manifests
2. Class I waste manifests and continuation sheets
3. labpack inventory sheets
4. land disposal restriction notifications
5. Class I waste profiles
6. certificates of destruction, decontamination, disposal and/or recycling
Appropriate copies of the documentation listed above as well as any other documents
required by the City’s Project Manager shall be furnished to the City’s Project Manager at
the time of waste shipment.
Closed originals of all uniform hazardous (and non-hazard0us) waste manifests signed by
a duly authorized representative of the receiving Treatment/Storage/Disposal Facility
(TSDF) shall be furnished to the City’s Project Manager within thirty (30) calendar days
of waste shipment. This requirement shall survive the expiration and/or termination
of the Agreement.
Certificates of destruction, decontamination, disposal and/or recycling signed by a duly
authorized representative of the receiving TSDF shall be furnished by the Contractor to
the City’s Project Manager for all wastes to be managed under thiscontract within one
hundred and eighty (180) calendar days of waste shipment. This requirement shall
survive the expiration and/or termination of the Agreement.
The Contractor shall, at all times during the transportation, storage, and disposal of
wastes to be managed under this contract, know the location, condition and status of each
item being managed. The Contractor shall make such information available in written
progress reports to the City’s Project Manager upon request. The progress reports shall
include a listing of items removed, referenced by an appropriate identification number
and uniform Class I waste manifest number and a description of the location and status
of wastes on date of the written progress report.
Exhibit A 2
CONTRACT C07121081
1.7 TERM
This contract provides for a one (1) year contract with the option of extending the
contract annually for two (2) additional years. Extensions and continuation of this
contract over the three (3) year period will be subject to the City’s continued allocation of
funding for the program, at the City’s sole discretion. Price increases for the additional
years are based on the amount listed in the bid and repeated below under "Prices."
B.The City of Palo Alto reserves the fight to modify or cancel the contract at the City’s sole
discretion at any time during the term.
The City does not expressly or by implication agree that the actual amount of work shall
correspond to the 72 annual pickups or 1211 dry tons/year mentioned in the bid, but
reserves the right to increase, decrease or modify the amount of any class or portion of
the work or to omit portions of the work as maybe deemed necessary or expedient by the
City’s Project Manager.
1.8 PROJECT MANAGER
A. The project manager is James Allen, 650-617-3130.
1.9 PICKUP ADDRESS
A.Palo Alto Regional Water Quality Control Plant
Attn: Operations Shift Supervisor or Senior Operator
2501 Embarcadero Way
Palo Alto, CA 94303
650-329-2598 - phone
1.10 BILLING ADDRESS
go Palo Alto Regional Water Quality Control Plant
Attn: Mary Sekator
2501 Embarcadero Way
Palo Alto, CA 94303
650-329-2598 - phone
650-494-8395 - fax
1.11 PRICES AND ANNUAL INCREASES
A. Prices shall be as follows:
Disposal cost is $65/ton.
Transportation cost is $1,235/load.
Exhibit A 3
CONTRACT C07121081
in,
iv.
V,
vi.
vii.
ix,
Liner installation is provided at no charge.
Bin rental is $6.50/day.
State taxes are included in disposal cost.
A drop fee of $585 covers the drop-off of two 20 cubic yards bins per trip.
The price increase for the first optional 12 month extension of this contract is 5%.
The price increase for the second optional 12 month extension of this contract is
5%.
In the case of a price increase due to new regulatory fees, the contractor must
notify the City of Palo Alto in writing before any additional fees will be allowed.
END OF SECTION
Exhibit A 4
EXHIBIT C
BIDDER (COMPANY): Romic Environmental Technologies Corp DATE: 3-12-07
SPECIFICATIONS AND BIDDER BID PAGES SECTION |11
B[ddeffs Respons9 and Acceptance
In response to this Request for Quoter/on (RFQ), the undersigned, as Bidder, declares that the only persons or
parties Interested in this Bid as prlnclpa/s are (hoae named her~/n; (hat th/= Bid is made without collusion with
any other person, firm or ¢orpora~on; that the Bidder has carefully examln~d the specifications herein referred
to; and the Bidder proposes and agrees; If thl= Bid 15 accepted~ that (ha Bidder will contract wlth the City of Pale
Alto (City), (o provide ell rmcessaty materials and/or services, and furnish the specified requirements in (his
RFQ, In the manner herein pre=crlbed and at the prices stated.
Projec~ Title: Transportation and Disposal of Ash
Reque,t for qug~aHon (RF~} pumber! 2108i.
3;.00 p.m., Tuesday, March ’13.2007Quotation Opening Date:
Bade Bid Schedule:. :..
’BID -I APPROX.
ITEM : QTY.
1
2 72
3 :72
4 12
UNIT
Service.shall consist of furnishing alllaBor andequipment micessary to transport and
dispose of theash for a period of one year with an o =lion to renew for a =econd and
third year In accordance with Section Ill, General Re( ulr~ments and the Scope of ’
DESCRIPT!0N, WITH UNITI PR|¢F-.. IN WOROS
:Ton’ : Dispos~.lco~it:... .. ~". +per ton/yam, wmcneze.r is heaviest
Each¯
Month
,~nlt, Price In words:¯. ’
iX.t-y-Five Dolta.rs~t6..n.gr yard ) .
¯Tnan~porta’tldn co~t: per trip
Li~erin~talla~ion fe~ ope¢ load:$
-(Unit Price In WOrdS: NO Charge 0.00
Bi,n Rent, at: . Per Day
(Unit Price in words:Six Dollars, FWcy L;ents per.d~y ....
Ton State taxes 0f’anY):’
UNIT +~TOTAL. ITEM=PRICE
$$
65.00: 78,7!.5100-
88,920.00
.0.oo
6.50 2,372.50
ton
Or Or
72 Load
(Unit ~leo~ .wet;Is: ~- - 0.00Included in (hs~rice )
Other fees per ton’ or otherfees pe~’i~a’~t: $ .....
Spec!fy fee: Drop Fee-"2-2Ocy/trip"
(Lot Price In words:Five H:m_Ared Pigh_~_Fivo ]3nllar~ per ffi]~
Or
585.00
$
o,0o
42,120.00
CITY OF PALe ALTO RFQ 121081 PAGE I OF 2
EXHIBIT C
Romic Environmental Technologies Corp.BIDDER (COMPANY):DATE: 3-12-07
SPECIFICATIONS AND BIDDER BID PAGES
g~O APPP, OX.’ UNIT ...... DE.gCRiPTION, W~IH UNIT l::’Rt~F. IN WO~6S ......
Base Bid T0ta[ (items 1 through 6, with all applicable taxes included)
{Total.In words: TWO Hundred Twelve Thousand, One Hundred
- Sev4ti Dollarsand Fifty Cents
SI£CTION III
PRICI~
212,127.50-
Price Increases
¯ Prices quoted above shall remain firm for the Initlalperlod and shall include all applicable f~es, regulatory fees,
and all tPansportatlo~ and detlvew c.harges as necessary to perform the requlrement~, of this RFQ. Pricing Shall
also Include an .allowance for fuel price Increase during the contract period. RequeSt= for price adjustments
during the contract perlod will not be allowed..In the event that your quotation InCludes a provision for price
adjustments during the two additional contract.extensions; the Increase shall also Include and allowance for any
fuel mJrchargedurlng theadditional cQntract periods. .’ .... .. . ’ ’
N6te: :lt"a ~ce lndraagels ~ ap~J~ tothe Cit~’s0ptlonaleonL~act e~ensl0ns for items 1 througl~4* above specify such in
the ~pa~e p..r0vided below." If no pdoa Increase Is to apply, enter O.’ :. ’¯
¯ .i-:a,-".Pride inei’ea~ef0r the flint opUonal 12 month extensJbn of this contract;. ... 5 %*
¯b, " pdcel increase forthesecond optional 12 month extension el’ this coniract:5 ,; "%*
’in the case of~ a:’pr~c~ ~hc=’eaie dde.to new regulatory fees (Item #6) contra6io(must 6otify the City of Pale Alto In writing
before any a~dlt~onal fees will be allowed.
:towes~ R~sponsl~le Btdde~ ~. ,3"he lowest bid shall ba the lowestgrand t~tal0f the bid pdces on Base Bi~d Schedule.- Thistotal Is being Used for the.
. puFpose of determining the lowest responsible bidder. Quantities as speb}fled a~’e-approxlmate and may be Increased or
-decreased during the c0ntrac~ period, and no guarantee is Impl!ed.that the exact amount ~y!ll be avallab e for disposal,
The. Bidder shall bear all costs and provide insurance as required by Se~n II, Insurance Requirements, herein.
S!~nature(s) mu~ be the same ~s signature(s1 tn S0~:t!on I - R~uest for Quotation a~d Bidder Requtrgd lnformatl0nt
Signatureis): -- ~
, -. (SignaturF
Namki Yi
(Print namo)
I Michael Therrien
(Print name)
CiTY OF PALO ALTO RFQ 121081 PAGE 2 OF 2
EXHIBIT D
INSURED
~OVERAGES
CERTIFICATE OF LIABILITY INSURANCE.,,ag, 1 3
877-945-7378
Willis North A/~erica, Inc.
26 Century Blvd.
P. O. Box 305191
Nashville, TN 372305~91
P~mic Environmental Technologies Corporation
dba Rcmic Environmental
2081 Bay Road
E Palo Alto, CA 94303
OATE08/02/2006
THIS CERTIFICATE IS ISSUED AS A MATTER OF iNFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE. DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURERA: American International Specialty Lines In
IHSURER8; Illinois National Insurance Co.
INSURERC; Ccmtu~rce and Industry Insurance Cotupany
INSURERD; Insurance Com;~ny. of the State of Pennsyl
|NSURERE: American Home Assurance Com]Dany
26883-904
23817-301
19410--901
19429-905
19380-302
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED"NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED QR
MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCHPOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~NSR ~,OD’tLTR INSR[ TYPE OFINSURANCE
A GENERAL LIABILITY
B
C
!A
E
COMMERCIAL GENERAL UABI LITY
-- --I CLAIMS MAC~ [~ OCCUR
!A
G EN’L AGGREGATE LIMIT APPLIES PER:
AUTOMOBILE LIABILITY
~X ALL OWNED AUTOS
SCHEDUI FD AUTOS
~X HInED ALEFO S
X~ I~:)N-OWNEO AUTOS
GARAGE LIABIUTY~ANYAUTO
EXCESS UABIt/TY
~ OCCUR [~ CLAMS MADE
~D~DUCTIBLE
RETENTION $10
WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY
ANY PROPI~IETOR/F’ARTN ER/EX EgUTIVEOFFICER/MEMBER EXCLUDED?.
If yes, de~<:ribe underSPECIAL PROVISIONS below
OTHER
Pollution Legal (CA Only)
POLICY NUMBER
EG1977126
TX CA3112830
ADS CA3112831
EGUI976652
(ADS) WC1241840
(CA) WC1241841
!PLS1979456
POUCY EFFECTIVE
7/31/2006
7/31>2006
7/31/2006
7/31/2006
7/31/2006
7/31/2006
7/31/2006
POLICY EXPIRAT]ONI;)AT~ (’MM!OO/YY)
713112007
7/31/2007
7/31/2007
7/31/2007
7/3112007
713112007
7/31120~7
UMITS
EACH OCCURRENCE
G ENTED
MED EXP (Any one person)
PERSONAL & ADVINJURY
GENEFIAL AGGREGATE ..
P~UC~S-COMP~AGa
COMBINED SINGLE UMIT(Ea
BOOILY INJURY(Per person)
BOOILY INJURY(Per accident)
PROPERTY DAMAGE(Per accident)
AUTO ONLY - EA ACCIOENT
OTHERTHAN EAACC
AUTOONLY:AGG
EACHOCCURRENCE
AGGREGATE
W’C STATU- ] ’ OTH-X I TORYL MIIS t ER
E.L EACH ACCIDENT
E.L D~SEASE.- EA EMPLOYEE
E.L BS~ASE - POLICY UMIT
~10,000,000 2oli~y
1,000,000
100,000.
5,000
1,000,000
2,000,000
2,000,000
1,000,000
$
$ 20,000,000
$ 20,000,000
$
$
$ ....1,000,000
$ 1,000,000
$ 1,090,000
Aggregate
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXC LUSIONS AODED 8Y ENOORSEMENT/~PECIAL PROVISIONS
CERTIFICATEHOLDER
City of Palo Alto
Attn: Purchasing & Contract ~hninistrationP O Box 10250
Palo Alto, CA 94303
ACORD 25 (2001108)
CANCELLATION .~c:~ ~ =-,,= ~ uo~,~-am~
SHOULO ~Y OF~E ABOVE DESCRIBED POUCIES BE C~CELLED B EFORE ~E EXPIRA~ON
DAT~ ~EREOF, THE ISSUING INSURER WILL ENDEAVOR TO M~L~30 DAYS WRI~EN
NOTICE TO ~E C~R~RC&TE HDLDER NAMED TO ~E LE~, B~ FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR UABlU~ OF ~Y KIND UPON THE INSURER, ~S AGE’S OR
REPRES E~ATIVE&
~"@ ACORD CORPORATION 1988CoZ&:&~057~3 ~Z:5239&3 Ce=~:758&503
PRODUCER
INSURED
I DATECERTIFICATE OF LIABILITY INSURANCE Page 2 3 08/02/2006
877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER, THIS CERTIFICATE DOESNOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDEDBY THE POLICIES BELOW.Willis North America, Inc.
26 Century Blvd.
P. O. Box 305191
Nashville, TN 372305191
P~mic Environmental Tecb/%ologies Corporation
dba B~mic Environmental
2081 Bay Koad
E Palo Alto, CA 94303
INSURERS AFFORDING COVERAGE
IFISURERA: American International Specialty Lines In
~NSURERB: Illinois National Insurance Co.
INSURER: Cormuerc~ and Industry Insurance Company
~NSURERO: Insurance Company of thm state of Pennsyl
IHSURERE: ~erican Bo~ ~urance Co.any
DESCRIPTION OF OPERATIONSlLOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENdORSEMENT/SPECIAL P ROVISIONS
Marine Liability
Carrier: St. Paul Fire and Marine Insurance Company
Policy Nu~er: OL04200647
Effective Date: 7/31/2006
Expiration Date: 7/37/2007
NA!C-LOC: 24737-904
26883-904
23817-301
19410-901
19429-905
19380-302
Limits:
Aggregate:
Per Occurrence:
Deductible:
$2,000,000 Linuit
$I,000,000 Limit
$50,000 Poli/$20,000 Other
It is agreed that City of Palo Alto is included as an AdcLitional Insured in regards to the General
Liability and A~tomobile Liability, but solely as respects to work performed by or on k~half of the
n~d insured.
It is further agreed that such insurance as is afforded b[ ERP Environmental Services, Inc. shall
be Primary and Non-Contributory with any other insurance ~n force for or which m~y k~ purchased by
City of Palo Alto.
Coli:1705733 Tpi:523913 Cert:7581503
Page 3 of 3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORO 25 (2001/08)C011:1705733 Tpi:523913 Cert:7581503
EXHIBIT E ........... "~ .....
CERTIFICATION OF NONDISCRIMINATION
Project:,Transport~,ttorT and Dlsposa~
CITY OF PALO ALTO RFQ 121081 PAGE I OF 1
ATTACHMENT B
0 0 0000000~00~~o~o
0 0 000000000 oo
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CIT+Y:+OF!PALOALT6.RFQ’’I,2~1083’1 .