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HomeMy WebLinkAboutContracts & Agreements_145-2001_CCv0001.pdf AGREEMENT TO FURNISH SERVICES FOR THE CLEANING OF PRIMARY DIGESTERS NO. 1 &2 This Agreement is made and entered into this 16th day of October, 2001 by and between the City of Redlands,a municipal corporation(hereinafter"City")and Residuals Processing,Inc.,a wholly owned subsidiary of Synagro Technologies, Inc. (hereinafter "Service Provider"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Service Provider hereby agree as follows: ARTICLE 1 -ENGAGEMENT OF SERVICE PROVIDER 1.1 City hereby engages Service Provider, and Service Provider hereby accepts the engagement, to perform services (hereinafter "Services") for the cleaning of primary, fixed top, anaerobic digesters No. 1 & 2 (hereinafter "Project"), for the City of Redlands, California. 1.2 The Services shall be performed by Service Provider in a professional manner, and Service Provider represents that it has the skill and the professional expertise necessary to provide high quality Services for the Project at the level of competency presently maintained by other practicing professional Service Providers in the industry providing similar types of services. ARTICLE 2-SERVICES OF SERVICE PROVIDER 2.1 The specific Services which Service Provider shall perform are more particularly described in Attachment "A," entitled "Scope of Services," which is attached hereto and incorporated herein by this reference. ARTICLE 3-RESPONSIBILITIES OF CITY 3.1 City shall make available to Service Provider information in its possession that is pertinent to the performance of Service Provider's Services. 3.2 City will provide access to and make provisions for Service Provider to enter upon City-owned property or rights-of-way as required by Service Provider to perform the Services. 3.3 City designates Dave N. Commons as Project Manager,to act as its representative with respect to the Services to be performed under this Agreement. ARTICLE �-PERIOD OF SERVICE l AGREEMENT FOR THE CLEANING OF PRIMARY DIGESTERS NO. 1 &2 October 16, 2001 Page 2 4.1 Service Provider shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment "B", entitled "Project Schedule". ARTICLE 5 - PAYMENTS TO THE SERVICE PROVIDER 5.1 The total compensation for Service Provider's performance of the Services shall be$47,969.00 dollars on a lump sum basis in accordance with Attachment "C", entitled "Project Fee". 5.2 Service Provider shall bill City by submitting an invoice indicating the Services performed including backup documentation. Payments by City to Service Provider shall be made within 30 days after receipt and approval of Service Provider's invoice,by warrant payable to Service Provider. 5.3 All contractual notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed as follows: Cid Service Provider Dave N. Commons Residuals Processing, Inc. Municipal Utilities Department 172 98`h Avenue 35 Cajon Street Oakland, CA 94603 P. O. Box 3005 Redlands CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances, notices, bill and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. ARTICLE 6-INSURANCE AND INDEMNIFICATION 6.1 Worker's Comrlensation and Emr)Iover's Liability 2 AGREEMENT FOR THE CLEANING OF PRIMARY DIGESTERS NO. 1 & 2 October 16, 2001 Page 3 A. Service Provider shall have worker's compensation and employer's liability insurance in force throughout the duration of the contract in the amount of one million($1,000,000) per occurrence or an amount which meets the statutory requirement with an insurance carrier acceptable to the City. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Certificates of Insurance shall be delivered to City within fifteen (15) days of execution of the agreement. B. Service Provider expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Service Provider for City by expressly waiving Service Provider's immunity for injuries to Service Provider's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Service Provider. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees,the obligations provided herein to indemnify,defend and hold harmless is valid and enforceable only to the extent of the negligence of Service Provider, its officers, agents and employees. 6.2 Comprehensive General Liability Insurance Service Provider shall secure and maintain in force throughout the duration of the contract comprehensive general liability insurance covering all work under the Contract, including work done by subcontractors, with carriers acceptable to the City. Minimum coverages of one million dollars($1,000,000)per occurrence and three million dollars ($3,000,000) aggregate for public liability, property damage and personal injury is required. The City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty(30)days prior written notice to the City. Certificates of Insurance shall be delivered to the City prior to commencing the Services. 6.3 Business Auto Liability Insurance Service Provider shall carry business auto liability coverage, with minimum limits of one million dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Service Provider owned vehicles used on the Agreement, hired and non-owned vehicles, and employee non-ownership vehicles. C AMY DOCUMENTSIDIGESTERSD[1],AGT.W PD 3 AGREEMENT FOR THE CLEANING OF PRIMARY DIGESTERS NO. 1 & 2 October 16, 2401 Page 4 Hold Harmless and Indemnification. Service Provider shall indemnify, hold harmless and defend City and its elected officials, agents and employees from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of Service Provider, its subcontractors, and any officers, agents and employees in performing the work required by this Agreement. Service Provider's obligations under this provisions shall not be limited in anyway by anyterms of this Agreement, or the insurance limits. 6.5 All insurance required by this Agreement is to be maintained by Service Provider for the duration of this Agreement and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Service Provider shall provide City with Certificates of Insurance evidencing such insurance prior to commencing the services. ARTICLE 7 -GENERAL CONSIDERATIONS 7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief,be entitled to the recovery of its reasonable attorneys' fees. 7.2 Service Provider shall not assign any of the Services required by this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 7.3 Service Provider's key personnel for the Project are: Project Manager: Dill Hall (Residual Processing, Inc.) Senior Operations Director: Henry Campbell (Residual Processing, Inc.) Service Provider agrees that the key personnel shall be made available and assigned to the Project, and that they shall not be replaced without concurrence from City. 7.4 All documents,records, drawings, designs, costs estimates,electronic data files and databases and other Project documents developed by the Service Provider pursuant to this Agreement shall become the property of City and shall be delivered to City upon completion of the Services or upon the request of City. Any reuse of such documents for other projects and any GAMY DOCUMEtd"rSIDIGESTERSDf I].AGT'.WPD 4 AGREEMENT FOR THE CLEANING OF PRIMARY DIGESTERS NO. 1 & 2 October 16, 2001 Page 5 use of incomplete documents will be at City's sole risk. 7.5 Service Provider is for all purposes an independent contractor. All personnel employed by Service Provider are for its account only, and in no event shall Service Provider or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of or on behalf of City. 7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.7 This Agreement may be terminated by the City,without cause,by providing ten(10)days prior written notice to the other (delivered by certified mail, return receipt requested)of intent to terminate. 7.8 Upon receipt of a termination notice, Service Provider shall (1) promptly discontinue all services affected,and(2)deliver or otherwise make available to City,copies(in both hard copy and electronic form, where applicable), of any data, design calculations, drawings, specifications,reports,estimates,summaries and such other information and materials as may have been accumulated by Service Provider in performing the Services required by this Agreement. Payment for services performed up until termination and before completion of the services to be provided by this Agreement shall be on a pro-rata basis,in the sole discretion of City. 7.9 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties and any prior negotiations,proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by the City Council of City and signed by City and Service Provider. 7.10 This Agreement shall be governed by and construed in accordance with the laws of the State of California. C:lMY D0CUMFNTSIDIGESTERSD[2].AGT.WPD 5 AGREEMENT FOR THE CLEANING OF PRIMARY DIGESTERS NO. I &2 October 16, 2001 Page 6 IN WITNESS WHEREOF, duly authorized representatives of the City and Service Provider have signed in confirmation of this Agreement. City of Redlands Residuals Processing, Inc. ("City") ("Service Provider"). B �-04-� By PAT GILBREAI H HE�� �PBE Mayor Operations Director ATTEST: City Clerk, Ci of Reel n s CAMY D{JCUMENTS\DICEsrERSL7{I].AGT,WPD 6 AGREEMENT TO FURNISH SERVICES FOR THE CLEANING OF PRIMARY DIGESTERS NO. I & 2 ATTACHMENT A SCOPE OF SERVICES CAMY DOCUMENWDIGESTERSDf I]AGT.WPD CITY OF REDLANDS MUNICIPAL UTILITIES DEPARTMENT SPECIFICATIONS FOR CLEANING OF PRIMARY DIGESTERS NO. 1 & 2 1 REQUIREMENTS It is the intent of this specification to detail the requirements for cleaning two (2) primary, fixed top,anaerobic digesters at the City of Redlands Wastewater Treatment Plant. I. Before submission of a bid for this work, the Contractor shall be thoroughly familiar with the requirements of the work. It shall be deemed,by submitting a bid for the work, that the Contractor is familiar with the site of work and the digesters. a. The Contractor shall confine his operations to the area of work,and to the areas allotted to Contractor by the City of Redlands for his/her operation, materials, and equipment storage. c. The Contractor shall comply with all Federal,State and local laws in providing its service and particularly comply with all provisions of Sections 1770 to 1780 inclusive of the California Labor Code and the Master Labor Agreements of Southern California relating to prevailing wage. 2. DIGESTER DESCRIPTION Digester No. I is a fixed top digester, 45 feet in diameter with a 25 foot side wall, and a conical bottom with a slant height of 5 feet. The total volume of the digester is approximately 300,000 gallons. Access from the top is a 4 foot diameter bonnet. Access at grade is by means of two 4.5 by 3.5 foot doors. Digester No. 2 similar to No. I with the exception that this digester has only one 3 by 2.5 foot door at grade. 3. SCOPE OF WORK The digesters have not been cleaned since 1973,therefore,the Contractor shall assume worst case conditions. The Contractor shall remove the contents of the digesters. The biosolids may be pumped to empty drying beds and/or ponds on site. The interior of the digesters shall be cleaned with high pressure water and prepared for inspection. The Contractor shall minimize the quantity of dilution water in order to preserve drying bed and storage pond CAMY DOCUMENTMI)IGESTERSD[]JAGMI'D space. The Contractor shall remove the materials from Digester No. I within ten working days. The Contractor will allow a minimum of two working days for inspection,and transfer of any seed biosolids from Digester No.2,before starting the cleaning operation of Digester No. 2. All work will be completed on Digester No. I before Digester No. 2 will be taken out-of-service for beginning the cleaning process. 4. SAFETY EQUIPMENT The Contractor shall comply conduct all operations to CAL/OSHA standards. Any and all infractions of those standards shall be the sole responsibility of the Contractor. The Contractor shall provide all of the necessary safety equipment required by CAL/OSHA for the project including but not limited to the following: a. Explosion and oxygen deficiency meters. 2. Ladders with safety apparatus. 3. Self-contained breathing apparatus. 4. Safety harness and tether rope. 5. Personal Protection Equipment(eye protection,rubber gloves,rubber boots,hard hats, and proper protective clothing). 6. Non-sparking tools. All of the contractors employees' shall be properly trained, as per OSHA regulations,in the use of, and when to use the safety equipment. 5. COORDINATION WITH PLANT STAFF All operational changes and physical changes in the configuration of valves and other digester equipment must be approved in advance, scheduled and supervised by a lead operator or the plant manager. 6. CLEAN UP The Contractor shall maintain the project site in a clean and orderly condition at all times. Any spillage, debris or excess materials and equipment shall be cleaned up and removed from the Plant site and not be washed into the Plant storm drains. Walkways,driveways,and pathways shall be maintained in a manner that will not be a safety hazard to the Plant personnel, or become an obstruction or interfere with performing their normal and routine tasks. Upon completion of the cleaning, the Contractor shall remove all materials and equipment from the Plant site. CAMY DOCUMENTS\DIGESTURSD[I JAGMI'D 9 7. EXPECTATIONS The Contractor shall use as little of the plant equipment and operational help as possible in the cleaning of the digester. The Contractor shall provide the power supply necessary to perform all phases of the project. The Contractor will be allowed to operate six(6)days per week, ten (10) hours per day. The contractor will be responsible for all training of its employees regarding safety,equipment information and usage,and proper procedures in the digester cleaning process. The contractor will further be responsible for maintaining a safe working area around the digester. The City reserves the right to halt work on this project if unsafe working conditions are discovered, until such time as it is deemed safe again to proceed. The project will be considered complete when both digesters are clean,and all the affected areas around the work site have been returned to their original condition. The definition of a clean digester for the City's purposes will be that there are"no visible solids remaining in the digester." While the City may provide the use of some Treatment Plant equipment, and will do whatever possible to ensure it is in working order at the beginning of the project, the responsibility for unplugging lines and maintaining equipment during the project shall be the sole responsibility of the Contractor. 8. EQUIPMENT Contractor shall provide all equipment and hoses necessary to perform the cleaning operation. CAMY DOCUME-NTS\DIGESTERSD[I I.AGT,WPD 10 AGREEMENT TO FURNISH SERVICES FOR THE CLEANING OF PRIMARY DIGESTERS NO. 1 & 2 ATTACHMENT B PROJECT SCHEDULE CAMY D0CUMENTSIDIGES'PERSD[I].AGP.WPD 1]_ CITY OF REDLANDS MUNICIPAL UTILITIES DEPARTMENT CLEANING OF PRIMARY DIGESTERS NO. I & 2 PROJECT SCHEDULE Completion Time Item (Working Days) 3. Notice to proceed (Date to start work) 0 4. Schedule&mobilization 3 5. Complete removal of contents of Digester No. 1 13 6. Complete inspection of Digester No. I and transfer seed biosolids from Digester No. 2 to No. 1 15 7. Complete removal of contents of Digester No. 2 25 8. Complete inspection of Digester No. I and transfer seed biosolids from Digester No. I to No. 2 27 9. Site clean-up& demobilization 30 CAMY DOCUMENTS1DIGL-STERSD[I],AGT.WPD 12 AGREEMENT TO FURNISH SERVICES FOR THE CLEANING OF PRIMARY DIGESTERS NO. I &- 2 ATTACHMENT C PROJECT FEE GAMY DOL LJMENTS\DTGESTERSD[1].AGI'.WPD CITY OF REDLANDS CITY OF REDLANDS INVITATION FOR OFFICE DFPURCHASING SUPERVISOR BID # 01-08 " P. {}. BOX 3OO5 REQUEST FOR REDLAN[)S' CAL|FORN|A 82373-4757 PROPOSAL (909) 798-7525 9/06/01 (CLOSING DATE 3:00 P.M. (PACIFIC TIME) INSTRUCTION TO BIDDERS � 1, PRICES/NOTATIONS - All prices must be typewritten or written in ink. No erasures permitted. Mistakes should be crossed out, corrections made adjacent and initialed by person signing bid document. Each item shall bobid separately. = 2. PAYMENTTERMS/TA){ - All items shall be FOB destination (City of Redlands Stores), net thirty dayn, and include tax where specified. Discounts may be offered for early payment but will not �0 be included in the bid evaluation. �0 = 3. PRICING - |nthe event of an extension error unit price shall prevail. 4. PERIOD OF PRICING - Unless otherwise stated in the bid package the pricequotad/oroposed shall remain ineffect for 45 days. �m 5. Deliver tolocation ' 1270 W. Park Avenue, Redlands, C/\ 92373 unless otherwise stated. O. The bidder must return entire original bid package including any and all specifications or attachments. Any bidder failing to return these documents shall be deemed non-responsive and �m disqualified. TO BE COMPLETED BY VENDOR ITEM NO. QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDEO PRICE JO Provide cleaning of primary, fixed top, anaerobic $47,969.00 $47,969.00 digesters No. 1 & No. 2. (See Attachment 1) at the following location: City of Redlands Wastewater Treatment Plant 1950 Nevada Street Redlands, CA SPACE BELOW TOBECOMPLETED BYVENDOR COMPANY NAME Residuals Processing, Inc. SUB TOTAL $47,969.00 STREET ADDRESS 172 98th Avenue SALES TAX N/A MAILING ADDRESS SHIPPING CHARGE N/A (IF APPLICABLE) CITY STATE ZIP TOTAL $47,969.00 NAME TITLE vice Pre_�dent DISCOUNT None DATE SIGNATU 9/6/01 (AS OFFERED BY VENDOR) 22 1001- PHONE (510) 613-2831 DELIVERY Per Specifications ORDER) (DAYS AFTER RECEIPT Op