HomeMy WebLinkAbout0455.093J ~ .. "-. 'W
August 5, ~993
THE HONORABLE CITY COUNCIL
Palo Alto, California
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12
Regional water Quality Control Plant Ash Recycling PrQjest --Award
of Contract
Members of the Council:
Report in Brief
This report recommends chat the Council approve and authorize the
Mayor to execute the attached contract wJth Offset Agri-Indu9tries,
Inc. in the amount of $80~OOOi for the transportation and recycling
of the ash from the Palo ~to Regional Water Quality Control pl~~t
(RWQCP). Funds for the project have been ap~ropriated in ~~e FY
93-94 Wastewater Treatment Operating Budget.
BackarQund
The RWQCP operates two sludge incinerators. The incinerators
generate approximately four wet-tons of ash per day. The constitu
ents of the ash provide valuable resources to certain industries.
The RWQCP encourages recycling of the ash wherever its use is
financially and technically feasible, consistent with legal
requirements. and beneficial for the preservation of the environ
ment. The RWQCP currently markets the ash to a metals recovery
smelter. The current contract ends in September 1993.
It is possible to market the ash to the metals recovery. agricul
tural. and cement industries. It is anticipated that the amount of
ash generated by t.he RWQCP will most likely exceed the needs of any
one industry at one time or other. In order to ensure a reliable
market to dispose of the ash and maintain plant operations. the:
PARWQCP advertised its Jesire to sign a primary contr ... ct and a
backup contract for the recycling of its ash. This request is for
the primary contract. which markets the recycled ash to farm opera
tions as fertilizer or agricultural minerals. A report for the
backup contract will be submitted for Council review at a later
date~
Environmental Assessment
Approval of the Ash Recycling Project is categorically exempt for
purposes of the California Environmental Quality Act t.CEQA) unde.r
Section 15304 of the CEQA Guidelines.
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CMR:455: 93
Discussign
The invitation for hid was issued to six contractors, and three
responded. The bids are shown on the attached s~mmary (Attachment
A). Staff recommends that the bid of $37.00 per wet ton submitted
by Offset Agri-Industries, Inc.~ for the contractor's transporta
tion and :--ecycling l:lf the ash, be determined by Council to be the
lowest responsible bid and that the contract be awarded according
ly_ This bid is 24 percent below the cut.-rent cost of $4~ per wet
con.
ReCommendations
Staff recommends that Council:
1. Approve and authorize the Mayor to execute the attached
contract with Offset Agri-Industries, Inc., in an amount not
to exceed $80,000 fer FYS!3-S4, for the trsmsportation and
recycling of th~ ash produced at the RWQCP; and
2 _ Authorize the City Manager or her designee to negoti.:zte and
annually renew the contract with Offset Agri-!ndu6tries, Inc.
for a term period up to a total of three years, with the total
value of each such annual renewal to be consistent with prj ce
adjustments based on the price index specified in the con
tract.
Respectfully submitted r
,/}/J, ~ <].../~ .
WILLIAM MIKS j;[ler Qua ity
GLENN S, ROBERTS
Director of Public Works
r~~
Attachmenta: Bid summar},
Contract Fages
-2-
Bidder
•
CITY 01" PALO ALTO
REGIONAL WATZR QUALITY COIITllOL PLAIIT
ASH axCYCLING PROJECT
BID SUMMARy
July 12, 1993
Amount of Bi<l.
offset Agri-Industries. Inc. $37.00 per wet ton
Disposal Control Service; Inc. $171.00 per dry ton ;
approximately $120.00
wet ton
Redding-Cleaning Services~ Inc. $75.63 per wet ton
{Non-conforming bid. for ~andfill
disposal only, also additional
terms ~~d conditions included) .
Current coat. $49. 00 per wet ton
per
CONTRACT
This Contract.. daDd . i.$ ente reci Into by and bet;w"n the City
of Palo Aho, a municilNil eorpor.lltion o!, the S!81e of California ("'City"'), .,.,d OHset A.,ri·fndustries, fnc .•
.. California corporation ~"Comract()("L who~ TaJqJayer Identification Number is ___ _
For and in consideration of UlIl foRowing covenants. terms and conditions, City and ConttactQf
~·the p.irtiu"'1 ag.-ae;
1. Isml. This; COntract shall cQl'nJT\t:nce on, and be binding on the parties on, the Date of
Execution of this ConlTilct. and shall 8 xpire as provided under Section 1 of Exhibit B hereof.
2. General Scope of Prqject. Contractor shan furnish rabo~. services. materiafs and equipment in
accordance with E~bit A ttereof and the other co ... enants, term$ and conditions of this
Contract to the utisfilction of City. The Project is generally described as fonaws:
Title:
Base Bid:
Asr" Recvcling -PARWQCP
See E>1lfbit A & B "'ereof.
No. 44129
3. Cpntract Doeumtnts. This Conuact shan c.onsist Df the documents :oet forth below, which are
on fife with th1! City Clerk and are hereby incorporated by reference. For tl-.e purposes of
cOl\$lJ'uing. interpreting and resolving incon.sistenc:ies betwe&n the piovisions of this Contract.
these documetIts and the provisions thereof are set forth in the fonowing d"'O!scending order of
preceder.ce.
a. Thili Contract.
tl. E.d1ibit A. to"lhis Contract: "Scope Of Work."
c. Exhibit B to this Contract: "Additional Terms and Conditions."
d. Change Orders.
e. Certificate of insu~.
f. Affirmative Action GuideJines and Comp~ance Report..
g. AnV other docU'IT\I!nt not expressly mentioned herein which is issued by City or entered
il"to by the parties.
4. Compensation. In COtI,sjderation of Contractor's performance of rrs obr~ations hereunder, City
.shall paV Comtactor i.r. accordance with the provisions of Sections 2 and 3 of Exh~t B of this
Contract and upon the r9Ceipt of written invoices al'\d an necessa ry supporting documentation
within the time set forth in Section 3 of Exhtbrt e hereof.
5. InSUrance' On or before ttle Date of Execution. Cootractor shan obtain and maintain the
policies of inSUl'ilnt:e coverage descnbed in Sectron 6 of E':.:hibit B hereof on terms. and
conditions and in amounts as may be required b.,· the Risk Manager. City shalT not be obligated
to take out insurance on Contractor', ,personar property or the personsl property of any person
perfonning labor or Hrvices or supprying materials. or equipment under the Project. COl'ltractor
.shall fumi.sh Cfty with tl'\t! certificates of insU/Qnc:e and with original endorStlments affecting
coverage requiTed under this Contract before 1he Dale of Execution. The certrfica{B's and
endorsements for each insurance polic)' sha II be signed by a person who is authorized by that
insurer to bind coverage on its. benalf. Proof of insurance .. hOI II be mailed to the Project
Manager to the a<1drfi5 set fOlth i.n Section 14 of this Contract.
CITY of PALO At T~ 44129 SECTION 005()()..1 of e
.' .
.. /
PART II -CONTRACT seCTION 00500
8. Instomnfficatkm. ;;:'ontrattor agree50 to -protect. r:Sef~fld, indemnify and hole City, .tl Cit., COlJnc-ri
membtrs, office-rs, lin emplovees harmless from and against any .and an c~aims, demands,
Iiablti1ie:a. lOSSlt5, damaget.. cos-n. expet'lses. liens, pet'lahiea, suitS, or jlJdOm9nU (-Claims-),
arisil\g in whoM Of b parr ... directfy ex indirt'Ctly, at any tim, frC':n any injury to (J( dum of
pef$Of\I. or damage to propert)< as a r!la\ilt of tI"oe wi.llf-..rl or negligent act 'or om's~or. of
ConuactCl'. or whiCh re$u"" from Contractor', noncompjiancB with al'1y Law resPtlctiflg ttle
cond'rtion. 1JIe, OCC'IJpation or nfet'i of the Pro~.site or ConyactOf's. site, Of aoy part thereof.
Of'" which arisEs from Contractor's f .. ~ure 10 do anYthing r~uirltd under this Contract or for
doing i.nvthing wh;ch Contractor is required not to do unGer this C(lntnct, or which. anteS from
conduct for which any Law imposes strict ~abilitY on Contractor in the pertDfmar.ce of or
faJlure to perform the terms and conditi'Jl'ls of this Contract. e){cefJt u maV atise from th-a sole
wiTtfut or ne~ligent act or omission of City or any of It:. City COUl'\Cil memhers, officers, or
emp[:ovees. This indemnification shan elCtend to anlf and an claims, demands, or liens made
Of filed bV reason of ;my construction, renovation, or remodeling Work perlorme<d by
Contractor. or llny other work Derformed by Contr30ctor uMer this Contract 3t any time durinQ.
the term of thiS Contract, or arising thereaftef. Contractor fuother agrees to tomp IV with ihe
DrovisrortS of Section 5 of hhibit B hllreof.
7. ~umDtiQn of Risk. Contra>;1or "'liIrees to 'Joiuntarilv assume ~nv and aU risk of !os". damage.
or injury 10 the DrOperty of Contractor which may occur in, on, or about City's propeny or
Contractor's site at any time and in any mimner, excepting suc" 105.$, injury, or damage a' may
be C41und by ltIe wrnfut or MlgJi~'ent act or omission 0' City or any of its City Coundl members,
offiC'6iS. or employ~ •.
8. ~. The acceptance of a.ny payment or performance. or allY part mereof, shan nOI operate
.as a waiver by City of m rights. under this Contract. A waiver bv City of any brea,::h of any
part of this Contract bV ContrltCtor .shan not opefale as I waiver 01'" continuing wai'Ver of a,'tV
subsequenr brea:ch of the same or anv other provision, nor shan any custom or practice whicf'l
may &rise between the parties in tht! admlnistratioo of any part CH" provisHln of this Contract
be conS1rued 10 waive or Je.s.sen me right of r:fty to inSist upon the I1'erfarmance of ContractOf
ii"l .strict compliel'lce with the coveI1anu. terms a.rld ccnditioos of tnlS Contract,
9. &ompliance wah laws Contractor s.han comply with an Law5 now in f:lrce or , .... hic-h rna,:"
hereafter be in force pertaining to the Project and Work and this Contract. with the (e~uiremenl
of any ootid or fire underw!iters ()( other s.imnar body now or hereafter consrfrute-i, with any
d'lScre:nor.ary DceM!!' or penni! l$S.iJed pursuant to any Law of anlf puMc ilQency or official as
weD as with any crovision of an recorded documents aff"-"'!ing the City'.5 propertY or
Contractor's premises, insofar as any are required by:eason of the use Of occupancy of City' $
property or Contractor', premises, Itnd' with all UWS penaining to noncfiscriminatiOI1 and
affirmative action Sn employment and hucardou$ materialS.
'0. Cqntramnr's RtP!esenlatjonJ and WarrJ!~t7t). In the suppl'j of a.nV male-rials and equipment
and the rendering of la bof and serviC4J$ during the cour~e and SCOPE' of the Project an'; Work.
CootractOf represents and warrants:
8. A.ny materials and CQuipment 'toIhic.h shan be used d'.lring the cOUrSe and sccpe of the
Project and Work shan be vest~ in Contractor;
b. Any mate/ials and eqlJipment whic1'1 snan be usad during the-course arro scope of the
Project and Worir. shall M me<ekantable and fit to be used' fOf the panicutar purpose
for which the materials are reqUITed;
CtTY of PAlO IU. TO: 44' 29 SECTION 00500-2 of 6
PART II -CONTRACT
-> '>
SECTION 00500
c. Any information submined by COrltraclor prior 10 me aWiII rd of Contract, or thereafter,
upon reQuest whetl'wlr or not 5ubmined under I continuing obligatiM by the tl:!rrr,s of
the Contract to do so, is true and correct at the tirne suer. informoiltkm is sl.ibmitted or
made .va~able 10 City:
d. COMl'ilctor has. nOI coiluded. conspired', "r at;j{Hd. directly or indirectly. with ant
person in regaM III the terms and C(lndItio(l s of Contractor's Bid. ext!!'"t as may be
perm ined by the N otiC.8 ''1 viting Form,,1 Bids;
e. CofitractDl" has the powe~ and autnorirv to 8nt~r into this Conuact with City, that the
irodlvidu.alexectJting thi'Si Contract is duly authorized to do S<:l by apprODnate resQllJtiQ~,
lind that this Contract shaii be e'u'!lr:->Itt~d, delivefE"d and performed pursuant 10 !he
power 2nd authority ,,"onfened upon 'the person or peersons ''-Ithorind to hind
Contractor;
f. Contractor hzs not made an attempt to exert !,Indus in~uence ...,ith the Purchasing
MaNger Qr Project Manager Of any cthtu ~rso1'o 'Nho has directly contributed to City'ti
de:::isi-on 10 award the contract to Contractor;
Q'. There are no .,,nresoh,ed claims OJr disp!,ltes between Contractor and City which would
mate-ria",. affect Contract-cr'$ at-mty to perform \Jnde1 the Contract;
h. Contractot has furnished and will furnist1 true and .acClJrate statements, records.
res;lorts, resolutions, certifications, and other writt&n if1forrnatiorl 8S lTlaoy be reQuested
of Con"'JaC'lor by City from time to time durinilihe term of this Contract;
i, CClntractOf and any ptlrson performing laobor and services under this Project is duly
ficensed as a contractor with fh.eo State of California as reQ!,Iired by California Susine"
&. Professions Code Section 7028. as amended
11 , Agpnrnent This Contract and the performance required tlereunder is personal to Contrilctor,
and it .shan not be assigned by Contrat."tOf. Any attempted assi~nment 511all be nun and void.
'2. Cla~1 Qf Conuac1pr. All claims pertaining to extra work. addilionaf c-hari;Je.s. or delays \'ViL~in
the Contract Time Gr other disputes arising out of the: Cont"act sh .. n be s\Jllrnirted b'"
Cont:J'1lctQr to City in wriIingo by certif".ed or rEgistered mail wi1hin ~en j l 0) Davs. after the c:aim
arose or within such other time as ma-y be permitted or required by iaw, .nd shan be descnood
in alJfficii!m detail to Ijjive adequate notice of lhe substance Gf the claim to City.
~ 3. Audits hy 'City. uurinQ the term of this Contract <lind for a period of not ra$S than m(~ (31
years after the ex:;iration or earlier terminatioo of this Contrac: to City shaR helve 1he right to
audit ContractQ('s pfOjeet-related and Work-rel81ed w,itings and btJ.siness records, as .such
tenna are defined in California .Evidence Code Sections 250 and 1271. ,1$ amended. during the
regurar busineu hours or Contractor, or, ff Contractor !\as no such nOLJrs, dlJri.r .... tha regular
bu$i1'Wl$$ hours of City,
14. ~. A.iI! agreements, appoimmeots, approvals, .authorlz.itions, claims. d8mand$, Change
Order", consents, dEl:~(Q.tions. notices., offers, reques.ts. and sta.tements gille" h.., either pany
to the other shall be in writing and S.ltan be sufficiently gi ..,en and served upon tne other pany
if (1, pw$Ofl.;lliV .served, ~2} sent by the United States maH, postage: prepaid, ('3) 1ient by pri\'ate
8lq;Irass defivery service. or (4) in the case af a facsimile transmission, if sent to the telephone
FA.)( number ut furm Le!ow during regular busiTiess hOVT$:>f the recei'Jing P41r1¥ and foUowed
CITY of PALO ALTO: 44129 SECTIQ N 00500·3 of 6 -----
PART II -CONTRACT SECTION 00500
within two (2) Oays by defivery of a hard copy of the material sent by 1acs~1& uansmissi¢n.
in iICCOfd,ance with (1). i21 cil 13) aOOVfl. Personal service shan include. without f'imitatton.
service by deliVlf'V and' s8f"\li-:e by facsimile transmission.
To City:
Copy to:
To Contractor:
City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
City of Paio Alto
Attn: William Miks
Water Quality Control Plant
2501 Embarcadero Way
Palo Alto, CA 94303
Tel: {4151 329-2598
Fax: (4151494·3531
Offset Agri-lndustries, Inc
Attn: Norm Christensen
3960 Gardner Ro.d
Merced, CA 94301
Tel: 1209) 383-5415
Fax: (2091 383-4865
1 5, Aggrgs>r5;Wpn of C!ty Etmds. This Cont'"act is .subject m the ftscal provision$ of Arocle Ill.
Section 12 of tile enaner of the City of Palo Afto. Any charges htf"eunder for laber, 5eMcU,
materials and ~uipment may accrue ooty after .such exoencfrtufes P'I", VB been ;)pproved in
advance in writing in accordance with applicable Uws. This Conuact shan tel'",; . .,,ate without
penalty iii at thfI end' of an.,. fiscal yeal in the e",em that funds are not appropriated for tt:a
follOwing fiscaJ YUI, 0\"" WI at an)! time within a fiscaf year in the eveN that fur.ds are only
~ted for a pGC"ti<m of the fiscal year and funds for this Contrilct are no k>i1ger available,
'T'hl4 Section l5 shan control in the event of ill confli~t witt! an.,. other pro\liioioo of this
Camroct.
16, M"l!Cefbotpus.
a. a.iJee Oisclairnef'. The parties understand and agree tha1 City does Mt Pl!l"p(Irt to be
Contractor". ba1ee, and City is, therefore, not respQns~e for an)! damage 10 the
person.al property of Contractor,
b. Consent. Whenever in this Contract the approval Of consent of a party is required,
such approval or conunt shan be in writing and shall be execured bV • per$Cl1 ha\ling
the exprus authority to grant such approval 01 consent.
c. Cont1ot1ing Law. lbe parties agree thal this Contract sharl be governed.and construed
by and m a«ordance with me Laws of the State of Cafifomia.
crrv of PALO AlTO: 44.29 SECTION 00500-4 of 6
PART II -COI'JTRACT SECTION 00500
d. Osfinitiom:. The defrnitions and terms of this Contract shan have the meitning:5 58t
forth in Saetion 1 01 City's Standard Drawings and Spedfications (1992), wnk;h is
irlCOrpor.ated herain by t..'1is reference.
e. ForC1' Majeur •. Neither party sha.'! be ds&med to be in d~r.auft on accourlol of anV deLay
or faifure to perform tt$ oblig;Jlions under this Contract whJdl directly results flom an
Act of God or an act of ;II superior govoernmental at.J'thodty,
f. Ha.adings. The paragraph headings are not a part of this Contract iI ~d shaO ha ..... no
effect upon the construction or interpretation of any part of this Contract,
g. Incorpora'60~ of Documents. An document$ consdtuting the Contract d<:lcuments
described in Section 3 hef"eof and an documents which may, (rom flme to time, be
referrt.<J to in any d'111y Il')(ecuted amp.ndme nt hereto ara by such refere nce ir.corpol'ated
in this Ccntract and .shan be deemiM to be part of ti'lj$ Contract.
h. !ntegratioo. This Contract and ally amendments hereto betwe-en the parties constirute
the -':Intire agreemenl betwei!n the parties concerning th". Project and Work, and' ihere
are no other prior oral or written agreements betweltn the parties that are not
inCOl'l)Orated it1 ttiis Contract.
't.. Mo.(iificatioo of .A.greement. Thi$ Contract sn9!i not be modified or he bindi~ upon the
parties. unfe.s..s sucl'l modification is agreed to in ... witing and signed by the !:laroes..
Provlsio". AI1y agreement, cove!1ant. condition, clause, Qualihcatton, restricrion,
reseovation, term Of" other SliJ)4JlatiOt1 Ln the Contract shan defi"e or otherwise eontr~,
establish, or limrt the performance reQuired or permitted or to be reQuired cf Of'
perm(tied by lither party. An prOvisions, whether covenal"lts or conditions, &hall be
deemed 10 05 both covenants and condition s.
k. Resolution. Contractor .sha~ s\Jbmit with its Bid a copy of any corporite or partnersh.ip
resoJ'Jtion or other writing, whi<::h authorizes any director, officer or other employee or
partne-! to act for Of on behalf of Contractor or which iluthorizes Contractor to enter
if! to this Contract.
I. Severability. :t. coort of comperent jurisdiction finds or rutes that allV provision of mis
Contract is .oiel Of unenforce-able, the pro..,isions of thiS Contrclct not so affected sflat!
remam ill fun force and effect.
m. Swus of ContractOi. In the exercise of ri~hts and obligations under this Contract.
ContractDf" actS as Ctn indepern,tent contractor and n.ot as all agent or employee of City.
Contractor shan not be entit:l&d to any rights and benefits accorded or accruin(! to the
C'rty Council members, officers Of employees of Cnv, and Contractor I!'l(pressr)l wai'.!es
.any and an eiaim.s 10 such rights and benefits.
1'1. SuCCCtUOTl. and Assi~s. The provisions of this Contract st\.al'! intJre to the benefit of,
and shall apply to and bind, the succeS$Ofli and assigns of the parties.
o. Time of the ~e. rune fa of the es:senc:e of this Contritct and each of its
provisioons. In me ca1curation of time hereunder, th e time in whietl an act is to be
performed shall be computed bv excluding the first Day and including the last. f1 the
time in which ill act is to be perform~ fans on a Saturday, Sunday, or anv O .. y
CITY O~ PALO At TO: 44129 SEcnON 00500·5 of 6
~U~ D293 13:56 NO,OOS P.O~ .r~,.&e.1 ~_w.
~
PAIIT •• COHTAAtT 8.EC110N 00500
p. V...... In "" _ "", .... ic -DIll by lunor P*tY "...._ ............. _
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Jot 1M NonI1tm 0iIIric:I 01 tollfomll I'! W QIY 01 SOft Je ...
.. -..... ~._ ...... _ ..... , ..... "'':''-' .-~.,...'..u...... . .I;'t..:..~ .. 'I..!!! .......... t._., _.!J_ .. !. ___ ',;,.t,I~' .. ,t'eGa ........ .,
Ihb CGn!roI:t ... oriaho out of IhII C<>n1r,," ""'Y ...., ... ;,. _ ........ iodu<I!I\Q
1_..L.i. .. k,U.oIAlyf, fI .. , .r... ........... cilldltd in mMl'lrfm with tin r.Mn
1tgMM; she non PI'8,.1IinQ ".ny.
IN wrrNESS \YH£RE"OF.,1\410 patties hav. eJUlC:Uotad th.ic ConttiO! an u. dm ,. .... t lMW .tared
............. c.n_l>.
ATTm: CrTY Of PALO "l TO. CAUfORN'"
Iy' ____ _
M.~
A_OV~
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AI'I'IIOlI'ED AS TO 1'OflM: