HomeMy WebLinkAbout0407.093...
11
AUg".Jst 5, .1993
THE HONORABLE CITY COUNCIL
Palo A1to~ California
~a.l Water Quality Control Plant Screenings Di~posal Project
Awar-d of Contra.:t
1-iembers of the counci.l:
Report in Brief
This report recommends that the Council approve and authorize the
Mayor to execute the attached one year contract (Attachment AJ 'i!.'ith
options for two additional years, with Redding-Cleaning Services,
Inc., in the amou.."'lt of S40,OOQ, for the first year, for the
trarlsportation and disposal of the screenings from the Palo Alto
Regional Water Quality Control Plant (RWQCP). Funds for the fi~6t
year of the contract have bee:l appropriated in the FY 93 -94
Wastewater Treatment Operating budget. Funds for year two and
three are contingent upon Council approval of the budget for each
subsequent yea.r~
Background
The RWQCP removes floatahles such as rags and plastics from the
plant influent by means of bar screens installed in its il1fluent
channels. This process is typically used in wastewater treatment
plants to protect the downstream equipment from being clogged by
the floatables. The removed floatables from such process are known
a9 • screenings , ... which meet the Regional Board's requirements for
landfill. The RWQCP c'..lrrently disposes its screenings" through a
cOrnT'r.ercia.l ha.uler, at the West Marin Sanitary Landfill. The
C4rrent contract expires this month. This project will provide the
RWQCP competitive s':nvices of a qualified, licensed hauler, who r.as
an existing contract with a state approved sanitary landfill. to
transpcrt and dispose of the screenings.
Adoption of the contract for transportation and disposal of the
RWQCP screenings is categorically exempt from the California
Environmental Quality Act {CEQA} under Section 15304 of the CEQA
Guidelines.
Djscnssion
The invit~tion for bid was issued to 24 perspective bidders and
posted at City Hall in accordance with the City's guidelines. Two
'no bids~ were received as well as ~ids from two qualified contrac-
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tor9~ as sho\ro'D on the attached summary IAttacbmeot B). Staff
recott~ends that the bid of $71.99 per ton (which includes tipping
fee of $34.00 p-:r ton), submitted by Redding-Cleaning Services.
Inc., be determined by Council to be the lowest responsible bid and
that the contract be awarded accordingly. This bid is 10 percent
below the current cost of $80.46 per ton (which includes $30.00 per
ton tipping fee)
Recommendations
Staff recommends that Counci~:
1. Approve and authorize the Mayor to execute the attached
Contract with Redding-Cleaning Services, I~c .• in an amount
not-ta-exceed $40,000 for each year of the term of the
contract/ (total .$120; DQD for 3 year.e;:) for the Scr.eenings
Disposal for the Regional water Quality Control Plant.
2. Authorize the city Manager or her designee to exercise the
options for the second and third years with Rodding-Cleaning
Services; Inc., at her discretion, and execute any documents
necessary to implement the second and third years of the
contract.
Respectfully submitted,
WILLIAM MIKS 7Z:t if/:7-rol
GLENN S. ROBERTS
Director of Public Works
City Manager
Attachments:
CMR:407:.93.
Bid Summary
Contract Pages
Plant
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CITY OF PALO ALTO
REGIONAL IfATER QUALITY CONTROL PLANT
SCRBENrNGS DISPOSAL PROJECT
BID SllMMAJ<lI'
June 29, 1~93
Bi<lder Amount of Bid
Redding-Cleaning Se:tYices~ Inc. $71.89/ton
Total Waste systems, Inc. $SL67/ton
=ent cost $SO.46/ton
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CONTRACT
This Contract, dated . is entered into by and between the City
of Palo Alto. a rnuroCip.a1 corporation of the Smt. of Cali'o,:.rnl;l ,"'Ctty"j • and Rodd'inq Cleaning
StMGI§. IOC· -' I Califom@ coroorltion , ~"Contractor"l. whose
Taxpev-1Q"lIIfltifH;irtion Number is ~?"8",3,,,8C!.7"-7 _______ _
For lind in <:onsidtJration of m. following covenants. terms and ;:ond"'ltions. City etnd Contractor
{"the partie.-, agree:
1. II!:m. Subject to Sectiorl 4 of hhibit A to this Contract. This Contract shaM commence on,
and be binding on the parties 011, thlt Date of ExecutiOtl of this Contract and shall .l\.~rB on
thEi date of mcordation of t'le N;)tice ':If Substantial ComtlletiDfl, or. d no such notice is rMl uirf.d
to be filed, on the date thai final payment is made heretJndar. sub;ect fo the eartier tM"mina1ion
of this Contract.
2. Gencraf Scope of Project and Wgne Contractor shall fumish law, services. materials. and
equipment in connectiOl1 with the construction of the ProjKt aM' complete the Werle: in
itCco,da,.ce with the covenants, terms and conditions of this Contract to the satisfaction of
City. Th& Project and Work is generally described as follows'
"iitle: ScrMninM O!sP2saf· PARwQCP No. 43600
Base Bid: $ See Exhibit A hereof
Add AItemates I" anvl' S ___________ _
3. Comract Qocumenti. This Contract sPudl consist of the documents se1lorth betow, which are
on me witt! the Ciiy Clark ar-d .sr& ".reby incorporated bv rafarance. For tt.e purposes of
cons.truing, imerpreti.ng and ruolvinp incorui!tencies betwMn the provisions of this Contract,
these dOClJments and the provisJ(Mls thereof are set torm i.n ttle foJlowing descending order of
precedellCa,
a. This Contract.
b. Notice Inviting Formaf Bids.
c. Cor.tract Specifications.
d. Exhibit A to this Contract.: ·Scope of ...... :ork·
e. ~Order.s.
f. Bid.
g. Supplementary Conditions.
h. General Concfrtions.
i. Standard Drawings and Specifications ~, 9921.
j. Certificate of Insurance, Performance Send and labor and Msterials Boncl.
k.. Affirmative Action Guide~nes al\d Com9nanclil Repon:.
t Other Specificottions, or part thet"e<:lf, I10t expl'essly in.corpgrated in the Contract
Specifications or the Staodard Drawin('s otnd Specif1tatkms (1972).
m. Anv other document not e )(pressfy mentioned herein wf'Iict'l is issued by City o. entered
intD by the Pasties.
4. CornD6f\S.:a1?pn. In consideration c1 COI'Itrsctor'. performance of its obligations tlereunder, City
shJa pay to Contractor the amount sat fonh in Conb'actOf'S Bid in accordance wittl the
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PART II • FORMAL CONTRACT SECTION 00500
"ro~or\$ of this Contract arw:f upon the receipt of written invoices and ali i'lece$sary
5vpporting documentation within the time se~ forth in the Contract Specifications and the
Standard Drawings and Specifications 11992), or, if no time is stated. wirtlin thirty (30) Days
or the date of receipt of Contrictor's irlvcices.
5. Insurance. On or before the Date of Execution, Contractor :s"all obtain and mainrain the
poJicfes of inSlJra~e coverage des;;noed in the Notice In .... iting Rlrmaf Bids on terms and
conditio;u and Ln amounts as may be I'equ ired by the Risk Manager. City 51'1.11 not !::Ie obligated
ttl take out insurance (In Clmt"Sctar's personal ~roDertV or the Pi!rsona/ ;lFcperty of any person
perfom;if'lg lab-:. or services or &upprying materials or equipment under the Project. Contractor
!~;:i n..-mtsh City with the certifiC:8te~ of msurance and' 'IItith oriQin.a~ endor.semtmts affectina
coverage required under this Contract on Dr before the Date 01 Execution. The certificates and
endorsements fV( each insurance poriCV shart be s.igned bv a I"erson wh~ is authQrlzed by that
insurer to bind coverage 011 fts behalf. Proof of insurar;ce sna~1 be Mailed to the Project
Manager to the address set forth jn Section 15 ot this Contract.
6. IndemnifiCitiQn. Co(\tractar agrees. to ;:l(ote-Ct. defend. indemntfv and hord City. its City Council
members, officers, and empl'ovees harmless ffom and against any and all claims, demands,
liabilities., tos.ses, daml1ges, costs, .t)(pense.St liens. penalties, s;;its, or judgments. a.ising it'
whole or in part. directly or indirectly, at any time from any injury to or death of persons or
dam.agE tQ property as a result of the wlUtul or negliQ~nt ,"ct or Omls.ston cf Contractor. or
whH:h results from COr1tractor's noncompflance with anv Law respecting the co~dition, use.
occupation. or nfety of tf.,e Project s.ite, 0. an'! part the''Jo~. or which. arises from Cl;j.nuacto.r's
faihtre 10 do anything reqUired under !hili Conuact or lor doing anything which Contractor IS
reqtJked flOt 'to do under thi5 Contract, or wh.ich i!.rises from conduct for which itn'! law
ifnposes strict Jiabir.""tY on Contractor in the performa.nce of or fa;!ute to .,erform the terms and
co;wji'tion$ of this Contract, except as ma'f' arisoe from the s01. wiUfui or negrtgent act or
omis~~cn of ';Ity or any of ~ts City Council members, officers, Of employees. This
lrrde\'nnlt1cation ,halt extefl<! to any and att claims, demand's., or liens made cr filed by reason
~f any -cons:truc'[k.n, rel"lOvaticlt'l, Of remoderinQ' Work J:)erformed bV Cc ntractor under thiS
C::lntr1<::~ at an.,. time euring the term of this Contrac.t. or dris~r'Q lherufter.
7. Assumplion of Risk. Contractor agrees to \!cl\Jntar~'f assume iH\'f and an ris~ of loss, damage,
Of injury to toie property of Contrar:tor which may occur in, on, cr sbout t"e Project site at any
time and in ~11)1 maof"ter. e"cepting such lo";s, mj'Wry, cr damage as rna" be cil.<s:ed br 'the sole
';IIillful or negltl1ent act or omjssion of City or a."y of its CitY Councl1 members, officers, or
fmpl(lyees.
8. Waiver. The aecep'T.al'lce of an.., payment or ~~rtorma"ce. or any part thereof, shCttIi Tiot operate
iJS a wai ..... e, by City of its rights under this Contract. A w.aive( by CiW of any creach of any
part or provision of this COf'tract by Contractor shall not operate .s " waiver or continuing
waiver of any subsequent breach of the same :)( any other provision, nor shall any custom Q(
practice whkh may arise between the partie$. in the administration ot any pan or Jlfov(::;lon of
thii Contract be construed to waive or to lessen the rig hi of CitY to insist upon the
performance of Contractor in strict compliance with the covenan~s, terms anti r"nditions of
ttlis Contract.
9. Compl@nce with liws. Contractor shall comply witt1 all Laws now in forte or which may
hffreilfter be ill force pertaining to the Project and Work and this Conlract, with the requi reme n:
CITY of PALO AlTO: Fori'l"\al Contract 43600 SECTION 00500-2 of 7
PART II -FORMAL CONTRACT SECT10N 00500
of any bond Of' fire underwritel$ or ,,'!ler similar body now or hereafter constituted, with ar.V
OI$Cr&tionary rteenH Of permit issued pursuant to any Law of any pubnc agency or official as
wen IS with any provision of al'! recorded documents affecting the Profect site, in:s.ofar;as any
are r&CIuired bv reason of the use or oc~pancy of the Project site, and with an laws pertaining
to nondiscrirrnna"tion and I'ffirmative action in ern playment and hazardou s materi"ls,
10. ~. AS:I condiVoil precedent to City's obngatian to pay compens~tion to Contractor, and
on or before the Date of Execution, Contractor shan fumish the Bonds as required under the
Notice Inviting Fotmal Bids to the Project Manager.
11. ReDresMf1I1iPn$ and Warranties. rn the supply of any materials and eQuipment and the
rendering of tabor and services during the course and scope o! the Project and Work.
Contractor represents and warral1ts=
a. Any materiars and equipment which :!lohall be used during the course and scope of the
Project and Work shari be .... ested in Contractor;
b. An\-' materials and equipment which sh3!1 be used durin~ the course and scope of the
Project and Work shan be merchantable and fit to be used far the particular purpose
for whir::.h me material:.; are required;
c. Any labor and services rendered and materials and eQuipmem used or employed during
me COt.Jlse and scope of Ihe Project and Work shall be 'ree of defects in workmanship
for ill period of one {1 j ~ar after the recordatFoi, of the N alice of Substa ntial
Completion, or, if no such notice is required to be filed. 011 the dale that fina' payment
is made hereunder;
d. Anv msnufaC1urer's warranty obIai~ed by Contractor shan be obtained or shall be
d~med obtained bV Contractor for and on behalf of City.
e. Anv infOflTlation submitted by Contractor prior 10 the award of Contr~ct. or thereafter,
upon request.. whel.'her or not submitted under a cOlltinuing obligation by the terms of
the Contract to do 50, is tnJe and correct at the time such information is submined or
made avaiiabJe til the City;
f. CQ./ltractor has not conuded, conspired', or 3J;lreed, dir~ctly or indire<:tfy. with any
person in regard to the terms and conditions of Contractor'S Bid. except as may be
pemlitted by the Notice Inviting Formal Bids;
g. ContractOf 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 shan be Executed. deli .... ered and oerformed pursuant to the
power and autllority conferred upon the person 0 r persons a\Jthorlzed to bind
ContraC1or;
h. Contractor has not made an attempt to exert undue influence with the Purchasing
Manacer or Project Manager or any other person who has directfy contnlluted to City's
decision to award the contract to Contractor;
CITY of PAlO At TO: Formal Contract 43600 SECTION 00500-3 01 7
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PART n -fORMAL CONTRACT SECTION 00500
i. There are "0 unresolved claims or disPlAes between Conuactor and City which would
materiany affect COI\u.eto"-5 ability to perform under the Contract
j. Contractor has furnished and will !urnitih true and aCcura1e statements, records,
reports, ructutions, certifications, and other written information as may be requested
of Conttaetc:-by City from time to time during the term of this Contract;
k. Contractor 8M any p&f$On performing !abor and &ef\liees under this Project is duly
licensed as a contractor with the State of Calffomie a.s ~eQ'Ujred by Ca~tomja Business
& ProfessioO$ Codl'! SectiO:1 7028. as amended; and
L Contractor has funy e)(amjnecj and Inspected the Project site and has full knowledge
of 1he physical conditions of the Project site.
'2. Assignment. This Contract and the performance required hereunder is persona' to Contractor,
and it sh.an not be assigned by Cc:::ntractor. Any attempted assigr./Tlent shail be null and void.
13, Claims of ContraCTor. All claims penaining to extra work, additional charQ"e~, or delays within
the Contract Time or other dis.putes arisinQ out at the Contract shaIl be submitted by
Contra"Ctor 10 City in writing by certified or registered maif within ten 110) Days .after the claim
arose or within soch other time as may be pe!mi~ed or reQ'Jired by raw, and sh .. 11 be described
in sufficient detail to give adequate notice at the substance of the da;m to City.
14. Audiq by City. OtJring the term of this Contract and for a period at not less than thre~ (3)
Vear.s after the expiration or earlier termination of this Contract, City shalf have the right to
alJort Conuactor'S ProjecHef.ated' and Work-related writings and business records, 3S such
terrrts are defined in CarJfomia Evidence Code Secli!Jns 250 and 127i, as amended, UlJring the
regular buslness ho)urs of COl1tr.actQf, or, if Contractor has no such h'Ours. during the regufar
business f'lours of City.
15. ~_ All agreements, appointments, approvoilils, ituthorizettions, claims, demands, Change
Ordef"$. consents. desiQ"na!.ions, notices, offers. reQuests and statements given by either party
to the other shall be in writing and shan be sufficiently gh1en and served upon the ether party
if IT) pers.onally served, (21 sen.t by the United States mail, poUaQe prepaid, (3) sent b',. private
e.xpress delivery serv·lce, or (4) in the case of a facsim~le traf"1$/Tlission, if sent to the telephone
FAX number set forth below auring regular busines'S hours of the receivinbl pany and fo1l0wed
within two (2) Days by deflvery of a hard C(l'p"Y of the matedar sent by facsimire transmission.
in accordance w~h (iI, {2l or (3) abovf!. Perianal service Shall include, without nmltation,
service by de~very and service by fac.simile transmission.
To City:
Copy to:
City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
City of Palo Alto
Pubr.c Works Department
CfTY of PAlO ALTO: Formal Contract 43600
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SECTION 00 500-4 of 1
PART II -fORMAL CONTRACT
To Contractor:
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
1415) 329-
FAX; 14151-3"'2::-:9:-·-----
SECTION 00500
ATTN: Project Manager for Project
1lODllIN:; a.FANING SERVICES, INC.
2585 NlCIDI3JN Sf.
SAN LEANDilO. CA 94577-4270
lllQ.l 357-3375
FAX: L..ll.m .,:3",SLc7 ."'90=39'-___ _
ATTN: Gl.DiN RlIm'.AN
16. Appropriation of City Funds, This Contract is subject to t."'e fisc-al provisions of Article III.
Section 12 of the Charter of the City of Palo AltO. Any chvges hereunder inr '.abor. services,
materials and equipmem may ~ccrve onJy after such e lIIpendItures have been cpproved in
adVlllCe in wriMg in accordance with appricable Laws. This Contract .shalT terminale without
pttnalty (i) at the t11d of any fiscal year in the event tnat iund$ are not appropriated for the
following fi:s.cal -'(ear, or Iii) ~t any time within oil fiscal year in the event that funds are only
appropriated for a portion of the fiscal year and fundS tor this Contract ar~ no longer ayailable.
This Section 16 'Shan conuoJl in the event cf a conflict with an:,.' other provisic!1 of this
Contract.
1 7. Misceflanet'Us.
3. Bailee Disclaimer. The partil!s undltfstand and agree that City does not purpon 10 be
ContractOr's baIlee, .and City is. therefor!', not lespon51ble for any d<lm,ge to the
personar property of ~ntr8ctor.
b. Consent, Whenever in thi$ Contract the approval or eonsent of a party is reQuired,
such approvar Of consent shalT be in writing and shan be ell:ecuted by a per50n having
the express authority to grant sucn approvar or consent,
c:. Controning Llw. The partie.s agree that til is CoiltrOict shall be governed and construed
by .&f\i:J in accordance wTth the laws of the St3te of California.
d. Definitions, The definitions and terms set forth ir1 S~cti-an 1 of the Standard Drawings
and Specifications {19921 of this Conuact are incorporated herein by reference.
CITY of PALO At TO: Formal Contract 43600 SECTION 00500-5 of 7
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PART tJ -FORMAL CONTRACT SECTION 00500
e. F .... rce Majeure. Neither party shan be deemed to be in defautt on acc-o~nt of any detay
or f,u1ure to perform its obijgatioilS under this Contract which directiy results trom an
ACt of God O~ an act of iI -IUP9(ior governmental authority.
f. Hudings. The paragraph headinos are not II part at this Contract and shall' have no
effect upon the constnJc;tion or interpretation of any &HIrt of this Contract,
g. Irw:orporation of Documents. At! documents constituting the Cootr;;;ct dacuments
descnbed in Section 3 hereof and an documents which may. from time to time, be
refem:d to in any liltl.,. e)(ecuted amendment hereto are by such reterence incorpo(ated
in this Contract and .shall be deemed to be part of this Contract.
h. Integration. This Contract and a:1V amendments hereto between the parties cons:tinne
the entire agreement betw€en the parties concemfng the Project a~d Work. and thp.re
iJre no other prior 'Oral o! wrinen agreements hetw~n the parties th .. 11 are not
~flcorporated in th is Contract,
L Modificetion of Agreement. This Contract shall n'Ot be mod';fled or be binding upon ~he
parties. unless such modification i.s agre~d to in writing and siQned by the par1~e$.
j. Provision. Arw .Qreem .. nt covenant. conditror., dause, QL<a:lificauon, restriCtlon,
reservation, term or other stipulation in the Contract shall defi~e-or otherwiSe cont;"ol,
establish. or limit the performance reQuired or pe~mitted or to be (eQLl1red of or
permlt'.~d by either party. All p~rW'I$ions, whet"'er covenants cr conditior.s, shaN be
deemed to be both cove"a~ts and conditions.
k. Resolution. Contractor shall submit with its Bid ~ copy of any corporate or ~artne(ship
reGorution Qr other wl'itinl7, which ituthorizes any (fo.~cto(, offie!!'! or C1her employee or
pattt\t!r 10 act f::-r or on behalf of Cor:tractor or which authorizes Contractor to enter
into this Conuact.
L Se\lsrabif;-ry. If a coun of competeri! jU(1 sdic tic n fi nds or ru les that 8."V provision of this
Contract is .. ·oid or unenforceable, the prov"rsions of this Contract not so aHecmd shall
rem;;in in fun lo;ce af"1d effect,
rT".. Status of Contractor. rn the exercise of rights and obligations under this Contract.
Contractex ilC'tS as an independent con tractor OJ n.d flot as a n agent or employee of Ci ty.
ContractOr shan not be enutJed to any r~Q'hts and befltfits accordad or accrujng to the
Ctty CounciT rrembers, officers or employees of Cit!/, Clind Contractor elCpressly ...... aives
allY and an daims to such dghts and be n efits.
11. Suc-c' sson and AS'O.\\lns. The provisions of this Contract shan inure to the heneftt of,
and shan appty to and bincf. the successors and iissigns of the parnes.
0, TIme of 1he Essenre. Time is of t.~e E.'iSenCe of ttl'IS Contract ;znd each of its
provisions. In the calculation of time h~reunder. the time in which an act is to b:a
performed sha II be computed by f:xcluding th e 'first Day and including the last. If the
time in which an act is to be performed faJis on a Saturday. Sunday. or any Day
obsE: .. /ed as iii I~al holiday bv City, the lime for performanee shaJ1 be extended to the
CITY of PAlO AlTO: Formal Contra .. "t 43600 SECT KJN 00 500·6 cf 7
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PART II -FORMAL CONTRACT SECTION 00500
following Busil\ass o.y.
p. V&nue. In m. .vent that s.uit is brilught by either party heretJn:d'er. the parties agree
that trial of such Ktion .sllarl be vested excJusi\leJy in the state courts of Californi.a in
the County of Santa Clara in the City of San Jose or in the U"ited State,s Oi5Uic:t Cou:t
for the Northam District of CatitQrnia in the City of San Jose.
q. RecoVWy of costs. The prevailing party in any action broug-ht teo enforce the terms of
this ContrlCt or z:rising out of this Cormact may recover its reasonable COSts, including
reasonable attorney's fees. incurred or expended in connection with such action
a"ainst the non-prevaffing party.
IN WITNESS WHEREOF, the ~8rties ,"lave executed this Contract on me date first abo\{~ slated
in Palo Alto. California.
ATTEST, CITY OF PALO ALTO, CALIFORNIA
BV, __________________ __
City Cleric: Mayor
APPROVED:
City Manager
Nam.: Glml FtlRD1A!I
Oirector of Public Works Ti,l., EXECUI'IVE VTcr ~rnr
Director 0' Finance
95-3783877 T3'Xpayer I.D, No. _____ _
APPROVED AS TO FORM:
Senior Assiliitant City Attome.,.
END OF SECTION
CITY of PALO ALTO: Formel Contract .3600
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