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HomeMy WebLinkAboutReso 131-2016 (16-6110 0„,3.s ,� City of South San Francisco f ' P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco,CA �4LIFOW� Resolution: RES 131-2016 File Number: 16-611 Enactment Number: RES 131-2016 RESOLUTION ENTERING INTO A SERVICES AGREEMENT WITH WASTEWATER SOLIDS MANAGEMENT FOR DIGESTER CLEANING AT THE WATER QUALITY CONTROL PLANT IN AN AMOUNT NOT TO EXCEED $193,200. WHEREAS, Anaerobic digesters require periodic cleaning to remove bottom deposits of sand, silt and grit that reduce digester capacity and performance; and WHEREAS, staff publically posted and solicited requests for proposals from five (5) companies on August 8, 2016; and WHEREAS, staff reviewed the submitted proposals and evaluated the two responsive proposals as to years of experience in the wastewater industry and thoroughness of their proposal with respect to the provided scope of work requirements; and WHEREAS, Wastewater Solids Management of Yerington Nevada, was selected as the most qualified provider based upon experience, qualifications and responsiveness; and WHEREAS, the total cost for these services is not to exceed $193,200; and WHEREAS, funding for the service is included in the approved Water Quality Control Plant's operation and maintenance budget for Fiscal Year 2016-2017. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby authorizes the City Manager to execute a Services Agreement (Exhibit A) for services with Wastewater Solids Management for an amount not to exceed$193,200. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the documents on behalf of the City upon timely submission by Wastewater Solids Management of the signed contract and all other documents, subject to approval as to form by the City Attorney. At a meeting of the City Council on 11/9/2016, a motion was made by Pradeep Gupta, seconded by Liza Normandy, that this Resolution be approved.The motion passed. Yes: 4 Councilmember Normandy, Councilmember Matsumoto, Vice Mayor Gupta, and Mayor Addiego Absent: 1 Councilmember Garbarino Page 1 File Number: 16-611 Enactment Number: RES 131-2016 Attest by ,(a,. Krista Martinelli Page 2 MAINTENANCE SERVICES AGREEMENT This Agreement (this "Agreement") is made and entered into between the City of South San Francisco, a municipal corporation ("City") and Wastewater Solids Management, Inc., ("Contractor") effective as of November 9,2016 (the"Effective Date"). City and Contractor are hereinafter collectively referred to as (the "Parties"). In consideration of their mutual covenants, the Parties hereby agree as follows: 1. Scope of Work. Contractor shall provide the following services and/or materials("the Work"):Anaerobic Digester cleaning, screening removal and on-site dewatering. The Work shall commence around December 2016 and shall be completed to the satisfaction of the City by December, 2017 unless such date is extended or otherwise modified by the City in writing. (Attach a"Scope of Services"if needed to clarify the work to be done as an Exhibit to this Agreement by adding the following: See"Scope of Services",attached hereto and incorporatedherein as Exhibit A. In the event of a conflict or inconsistency between the text of the main body of his Agreement and Exhibit A,the text of the main body of this Agreement shall prevail.) 2. Payment. City shall pay Contractor an amount not to exceed One-hundred ninety-three thousand two hundred dollars and zero cents($193400.00)for the full and satisfactory completion of the Work in accordance with the terms and conditions of this Agreement. The amount stated above is the entire compensation payable to Contractor for the Work performed hereunder,including all labor, materials,tools and equipment furnished by Contractor. (A) Invoices. City shall make monthly payments,based on invoices received, for Work satisfactorily performed. City shall have thirty(30)daysiom the receipt of an invoice that complies with all of the requirements above to:pay Consultant. (B) False Claims Act. Presenting a'false or fraudulent claim for payment, including a change order, is a violation of the California False'Claims'Act and may result in treble damages and a fine of five thousand($5,000)to ten thousand dollars($10,000)per violation. (C) Retention andFinal Payment. City shall retain five percent(5%)of each payment,which shall he paid thin sixty(60)days after.acceptance of the services,as described in Section 11, and submittal to r City of a final invoice, Wail services required have been satisfactorily performed. Contractor may substitute securities or establish an escrow in lieu of retainage,pursuant to Public Contract Code Section?,2300. 3. Independent Contractor. It is understood and agreed that this Agreement is not a contract of employment and tees not create,an employer-employee relationship between the City and Contractor. At all times Contractorshall be an independent contractor and Contractor is not authorized to bind the City to any contracts or other.obligations without the express written consent of the City. 4. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents, contractors and consultants (collectively, the "City Indemnitees") from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorneys' fees and costs of litigation) (collectively, "Liability") of every nature arising out of or in connection with Contractor's performance of the Work or Contractor's failure to comply with this Agreement, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. 5. Excavations. In accordance with Public Contracts Code Section 714, Contractor shall promptly notify City in writing of discovery of any material Contractor believes may be hazardous waste as defined in Section 25117 of the Health and Safety Code or of any subsurface or latent physical I The( ilc of Sonlh San Francisco 112,1ccmcn1 I I{cc:2.1 3.20141 conditions at the site of any unusual nature differing materially from those generally inherent in the work described in Exhibit A. Upon receipt of such communication, City shall promptly investigate the conditions and if conditions do materially differ, shall issue a change order providing for additional time or payment of additional costs. 6. Relocation of Utilities. In the event that the completion of the services described in Exhibit A requires the removal or protection of main or trunk line public utility facilities,the City shall be responsible for removal and protection of such public utilities pursuant to Government Code Section 4215. 7. Insurance. Prior to beginning the Work and continuing throughout the term of this Agreement, Contractor (and any subcontractors) shall, at Contractors (or subcontractor's) sole cost and expense, furnish the City with certificates of insurance evidencing that Contractor has obtained and maintains insurance in the following amounts: A. Workers' Compensation that satisfies the minimum statutory limits. B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS($1,000,000):comfined single limit per occurrence,TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any Pity owned or City-furnished equipment used or operated by the Contractor,its personnel,agents or subcOatractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000)per occurrence for bodily injury and property damage including coverage for owned and non-owned vehicles. ,G All insurancet'policies shall, be written op'an, occurrence basis and shall name the City Indemnitees as additioral insureds. The certificates shall contain a statement of obligation on the part of the carrier to notify City of a ny material change, cancellation,termination or non-renewal of the coverage at least thirty ( 0). days in adva_ncpLOf'the effective ',date of any such material change, cancellation, termination or noon-ie«newal. Furthe1 if the Vendor's insurance policy includes a self-insured retention that must`be"paid by a named insured as a precondition,of the insurer's liability, or which has the effect of providing t#tat payments of the self-iristked retention by others, including additional insureds or insurers do not seine to satisfy the:self-insured rretention, such provisions must be modified by special endorsement§a as to not apply fa tie additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the irsturrer's liability. Additionally, the certificates of insurance must note whether the policy aces or does!nOt include any self-insured retention and also must disclose the deductible. The City's Ric l na,ger may waive or modify any of the insurance requirements of this section by means of a written document. 8. General Warranties and Guarantee. Contractor warrants that: (A) All Work, Products and/or Services are as described in this Agreement, including any exhibits incorporated] conform to all drawings, samples, descriptions and specifications; (B) All Work, Products and/or Services delivered are new and of good merchantable quality, free from material defects of workmanship and fit for the purpose for which sold or provided; (C) Contractor has good title to all Products delivered and all Products delivered are free from liens and other encumbrances; and (D) Contractor's Work will be in strict conformity with all applicable local, state, and federal laws. For purposes of this warranty, any parts not meeting the foregoing quality shall be deemed defective. Contractor shall guarantee the Work to be free of defects in material and workmanship for a period of one (1) year following the City's acceptance of the Work ("Contractor's Guarantee"), as 2 111, ( ilk of South San I-rancisco agreement �Rcc:2.13.201-tI described in Section 11. As part of Contractor's Guarantee, Contractor agrees to make, at Contractor's own expense, any repairs or replacements made necessary by defects in material or workmanship which become evident within the one-year guarantee period. The Contractor's Guarantee is effective regardless of whether or not a maintenance bond is required by the City for this Agreement. 9. Licenses. Contractor represents and warrants that Contractor possesses all licenses, permits, and qualifications legally required for the performance of the Work. Contractor shall, at Contractor's sole cost and expense, maintain all such licenses, permits and qualifications in full force and effect throughout the term of this Agreement. 10. Damage to City Facilities and Site Safety. Damage to City or public facilities or private property caused by the Contractor or by its subcontractors during performance of the Work shall be repaired and/or replaced in kind at no cost to the City. The worichte shall be kept clean and free of hazards at all times during installation. After work is completed at the site, Contractor shall clean the rA surrounding area to the condition prior to performance of the rWork , 11. Final Inspection and Work Acceptance- AlI Work shall be subject to final inspection and acceptance or rejection by the City. 12. Compliance with all Applicable Laws. Contractor shall comply with all applicable local, state and federal laws, regulations and ordinances in the performance of this Agreerent. Contractor shall not discriminate in the provision of service or in the employment`of persons engagedn„the performance of this Agreement on account of race, color, national origin; ancestry, religion, gender, marital status, sexual orientation, age, physical or mental disability in violation of any applicable local, state or federal laws or regulations. 13. Tax Withholding. Contractor represents and warrants that Contractor is a resident of the State of California in acCordance with California Revenue-&:Vexation Code Section 18662, as may be amended, and is exempt 'from withholding. Contractor accepts sole responsible for verifying the residency status of any subcontractors and withhotd taxes from non-California subcontractors as required by law. 14 Prevailing Wage The wages to Abe paid for a day's work to all classes of laborers, workmen,Or mechanics‘on the work°contemplated,,ytthisPurchase Agreement, shall be not less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where the work hereby sontemplates to beperformed as determined by the Director of Industrial Relations pursuant to the Director's authority under, abor Code,Section 1770, et seq. Each laborer, worker or mechanic employed by Contractor or by any subcontractor shall receive the wages herein provided for The Contractor shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per da'rpenalty for each worker paid less than prevailing rate of per diem wages. The difference betwee te'prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Contractor7o each worker. The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Contractor. NOTE: An error on the part of an awarding body does not relieve the Contractor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. (A)Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all 3 The('itr of South San I rancisco Agl eenuenI I(cc.2.1 3.20141 determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. (B) Payroll Records. Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice,worker, or other employee employed by the Contractor in connection with the public work. Such records shall be certifies and submitted weekly as required by Labor Code Section 1776. 15. Patents. The Contractor shall assume all costs arising from the use of patented materials, equipment, services, or processes used on or incorporated in the Work, and agrees to indemnify and save harmless the City of South San Francisco, the City Council, and t ie,Engineer, and their duly authorized representatives, for all suits at law, or actions of every nature for, or'on account of the use of any patented materials,equipment, services, or processes. 16. Dispute Resolution. Prior to initiating Tit(gation in a court of competent jurisdiction, both Contractor and City shall undergo alternative dispute procedures as *lined in Public Contract Code Section 20104, et seq. The Parties also expressly.:agree that such procedures pre incorporated as though fully set forth in this Agreement. 17. Prevailing Party. In the event that either party to this Purchase Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this Purchase Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney's fees associated with that legal action or proceeding 18. Termination. City may terminate or suspend this Agreement at any time and without cause upon written notification to Contractor: Upon;receipt of notice of termination or suspension, Contractor shall immediately stop,alt work in progress under this Agreement. The City's right of termination shall be in addition to all Other remedies,Available under law to the City. 19. eyerabili S ty. If Any'term or portion ofthis Agreement is held to be invalid, illegal, or otherwise uiten'oketabjeby a couft f competent jurisdiction,the remaining provisions of this Agreement shall continue in full force and effect 20 Entire Agreement. This Agreement represents the entire and integrated agreement between the Pa ties. This AgreeMent may be modified or amended only by a subsequent written agreement signedliytboth Parties. 21. Non-Lability of Officials, Employees and Agents. No officer,official, employee or agent of City shall be personnlly:li`b1e to Contractor in the event of any default or breach by City or for any amount which may become Flue to Contractor pursuant to this Agreement. IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date written above. 4 1 he( of South San I r:uicisco Agrceiucnt 'R0..2.13.2(1141.2(1141 CITY: CONTRACTOR: By: By: Pirnt Name: Mike Futrell Print Name: Vicky E. Prince T!el : City Manager Title: General Manager/Corporate Se Jaary APPROVED AS TO FORM: City At»me 2064073.3 a - v » a . < k � f < J � :�y ± /, . . «w >, � :y , t < , 3� ±� T: Scope of Work: 5 IR( tl wnwa m I m e! II.2.11.241141 Wastewater Solids Management Company will remove all materials and debris from the digester at the South San Francisco—San Bruno Water Quality Control Plant. The biosolids will be screened to a minimum 3/16" capture rate and the screenings will be deposited in roll-offs for disposal by the City under their current contract. The screened material will be transferred to a mixing tank and passed across a 2.0 M mobile belt filter press unit. The dewatered solids will be conveyed into end dump trailers for disposal by City personnel or their agent. The filtrate water will be discharged to a point designated by City personnel. WWSM Company personnel will then hydro-wash the interior of the digester. This will include all labor and materials with the following provisions, except as noted below. ❑ Dimensions, ea: D—70'; SWD—30' ❑ Cone Depth—8.5' ❑ Max. solids volume, ea: 226,000 gal x ; ❑ Top Access: 2 - 36" diameter; Side Access: 3ff'%48" ❑ <6%solids concentration ,;. ❑ City personnel will remove& replace access hatch covers ❑ < 150' to staging area and discharge point ❑ Anticipated project duration: 2 weeks per digester ❑ Minimum filtrate return flow: 200 gpni ❑ Maximum filtrate return concentration. 1;000 mg/L ❑ City of South San Francisco or their agent will provide the following: ❑ 150 amps 480 V, 3 phase power ❑ Water available, 300 pm/801si ❑ Trench plating or other structuees"for road c15Ossings, as necessary to retain vehicular flow ixenegrity ❑ Sufficient end dump trailers orstoelpiling area for dewatered slti lge nd screenings Material ❑ Transportrand end disposal of dewatered sludge solids ❑ scrednings ❑ Any on lift equipment for off-loading and placement of WWSM equipment(small crane or boon truck for top placement if necessary) t 6 The(-ii� of South San Francisco A„rcement tI(i :2.13.20141