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
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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
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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
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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.
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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
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Scope of Work:
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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
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