Item 1.4 - Award of Contract-Storm Water & Wastewater Spoils Removal, Transport & Disposal Service; RFP 15-001G`� { OF 0 l�i�1
City of Poway
COUNCIL AGENDA REPORT
APPROVED ■
APPROVED AS AMENDED O
(SEE MINUTES)
DENIED O
REMOVED O
CONTINUED
RESOLUTION NO.
DATE: September 2, 2014
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Singer, City Manager �.
INITIATED BY: Leah Browder, Director of Public Works
Tom Howard, Public Works Utilities Ma lager y`(
SUBJECT: Award of -Contract for Storm Water and Wastewater Spoils
Removal, Transport, and Disposal Service, RFP 15 -001
Summary:
A notice inviting proposals for Storm Water and Wastewater Spoils Removal, Transport,
and Disposal Service was duly advertised on July 10 and 17, 2014. Two proposals
were received and opened on July 30, 2014. United Storm Water, Inc. was selected as
the vendor best meeting the evaluation criteria. The first term of the Contract is one (1)
year and ten (10) months beginning September 3, 2014 through June 30, 2016. The
Contract may be extended through a total of three separate one -year extensions. The
maximum length of the Contract would be up to five (5) years.
Recommended Action:
It is recommended that the City Council award the Contract for Storm Water and
Wastewater Spoils Removal, Transport, and Disposal Service, RFP 15 -001, to United
Storm Water, Inc., and authorize the City Manager to execute the necessary
documents.
Background:
This Contract is to perform storm water and wastewater spoils testing, removal,
transport, and disposal service. It is estimated that four times per year (or quarterly) the
City will request the Contractor to haul and properly dispose of approximately 26 tons
(20 cubic yards) of spoils, for a total of approximately 104 tons (80 cubic yards) per year
of the Contract. The City will load the spoils on -site (from City's Materials Handling Yard
in Poway) into the selected Contractor's conveyance vehicle(s). The spoils must be
laboratory tested and disposed of at a properly permitted disposal facility based on
laboratory results.
Findings:
Two proposals were received and opened on July 30, 2014. Staff determined that
United Storm Water, Inc. best meets the City's requirements. Evaluation criteria for the
proposals included experience and ability to perform, including, but not limited to,
experience and history of the firm, as well as upon the amount proposed.
1 of 6 September 2, 2014 Item # I.7
Award of Contract for Storm Water and Wastewater Spoils Removal, Transport, and
Disposal Service, RFP 15 -001
September 2, 2014
Page 2
The length of the initial Contract is one (1) year and ten (10) months beginning
September 3, 2014 through June 30, 2016. The Contract may be extended subject to
Council appropriation of funds through a total of three separate one -year extensions.
The maximum length of the Contract would be up to five (5) years.
Fiscal Impact:
A total of $43,500 is budgeted in the following division budgets for Fiscal Year
2014/2015; 402, 403, 404 and 405 -2900 and 411 and 412 -2910. These funds should
be sufficient to cover expected costs.
Environmental Review:
This action is not subject to CEQA review.
Public Notification:
A copy of this report has been sent to United Storm Water, Inc.
Attachment:
A. Contract and Proposal Tables. (The entire Contract and RFP are on file with the
Office of the City Clerk.)
2 of 6 September 2, 2014 Item # i• y
CONTRACT
STORM WATER AND WASTEWATER SPOILS REMOVAL, TRANSPORT, AND DISPOSAL
SERVICE
THIS CONTRACT, made and concluded, this 3rd day of September, 2014, between the City of
Poway (hereinafter collectively referred to as "City "), and United Storm Water, Inc. hereinafter
referred to as "Contractor." The initial term of the contract is from September 3, 2014 to June
30, 2016. The Contract may be extended with a total of three (3) separate one -year time
extensions. Each extension will be dependent on the appropriation of funds by the City Council.
Adjustments to service costs are based on Section ll, item 29, Contract Renewal.
ARTICLE I. That for and in consideration of payments and agreements hereinafter mentioned,
to be made and performed by the City, and under the conditions expressed in the bonds
attached hereto, if any, Contractor agrees with City at Contractor's cost and expense, to do all
the work and furnish all the materials except such as are mentioned in the Specifications
(attached hereto, at Section 3) necessary to construct and complete in good, workmanlike and
substantial manner, all to the satisfaction of the City of Poway, in accordance with the Special
Provisions for this project as set forth herein.
ARTICLE II. Said Contractor agrees to receive and accept as full compensation for furnishing all
materials and doing all the work contemplated and embraced in the Contract an amount equal
to the sum of the totals for the items of work. The total for each item of work shall be calculated
by determining the actual quantity of each item of work and multiplying that actual quantity by
the unit price proposal by the Contractor for that item of work. Contractor further agrees to be
responsible and hold City harmless from all loss or damage arising out of the nature of work
aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions
which may arise or be encountered in the prosecution of the work until its acceptance by City.
Contractor agrees to be responsible and hold City harmless from all risks of every description
and under the control of Contractor pursuant to the terms of the Contract, and connected with
Contractor's performance of this Contract. The Contractor is responsible for all expenses
incurred by or in consequence of the suspension or discontinuance of work, and /or faithfully
completing the work, and the whole thereof, in the manner and according to the Plans and
Specifications and requirements of the City.
ARTICLE Ill. The City hereby agrees and promises the Contractor to employ, and does hereby
employ, said Contractor to provide the materials and to do the work according to the terms and
conditions herein contained and referred to, for the prices stated, and hereby Contracts to pay
the same at the time, in the manner, and upon the conditions above set forth. Said parties for
themselves, to their heirs, executors, administrators, successors and assigns, do hereby agree
to full performance of the Covenants herein contained.
ARTICLE IV. It is further expressly agreed by and between the parties hereto that should there
be any conflict between the terms of this instrument and the bid or proposal of said Contractor,
then this instrument shall control and nothing herein shall be considered as an acceptance of
the said terms of proposal conflicting herewith.
ARTICLE V. Contractor shall defend and otherwise hold City harmless from any and all claims,
complaints, causes of action, of any nature whatsoever, arising from Contractors performance
of the Contract. In performance of this Provision, Contractor shall name City as additional
insured on a policy of general liability as required per Section II, item 20. The Covenant
3 of 6 ATTACHMENT A September 2, 2014 Item # 1.7
contained herein applies to all sums paid as a result of the above claims, including court costs
and reasonable attorney fees whether or not the matter results in judgment.
ARTICLE VI. Pursuant to Public Contract Code Section 22300, provisions for substitution of
securities for performance retentions will be allowed.
ARTICLE VII. EACH AND EVERY COVENANT, CONDITION AND PROMISE contained in the
Specifications, General Provisions and Special Provisions for said project are herein
incorporated by reference as if fully set forth herein and constitute a material part of the
consideration to the City in entering into this Contract with Contractor.
(All Items in the Contract will be the same as in the Proposal.)
IN WITNESS WHEREOF, the parties to those present have hereunto set their names in the
year and date first above written.
Contractor:
Signature
Title:
Signature
Title:
City Manager of the City of Poway:
ATTEST:
City Clerk:
APPROVED AS TO CONTENT:
Director of Public Works:
APPROVED AS TO FORM:
City Attorney:
4 of 6 September 2, 2014 Item # I•q
__ PROPOSAL TABLE/ACKNOWLEDGEMENT
PROPOSAL: COST PER TON
The Contractor's cost proposal shall include the total charge per ton for the removal,
transport, and disposal of hazardous material, and the total chars a per ton for the removal,
transport, and disposal of non - hazardous material.
THE COST PER TON FOR ALL PROPOSAL AMOUNTS INCLUDES THE FOLLOWING:
• The Contractor's expense for laboratory analysis of the spoils, as required by law;
• All other costs for the legal removal, transport, and disposal of the spoils per all federal,
state, and local requirements and regulations; and
• The Contractor's expense for any and all transportation, standby rate for trucks,
administration, demurrage, and per diem costs for the removal, transport, and disposal
of the spoils.
For your information, previous laboratory analyses have shown the spoils to be non-
hazardous material.
1) PROPOSAL: HAZARDOUS SPOILS REMOVAL, TRANSPORT, AND DISPOSAL RATE
PER TON
$ 14 PER TON
C) -et t 4 utn cQ R,- h re t +"
.e— IL 6 CENTS
2) PROPOSAL: NON - HAZARDOUS SPOILS REMOVAL, TRANSPORT, AND DISPOSAL
RATE PER TON
0$ 12-0 {`9-A ll ll PER TON
DOLLARS
CENTS
3) PROPOSAL: DISPOSAL FUEL SURCHARGE(applied to rates 1 and 2 above)
$ $0.00 FUEL SURCHAGE PER TON, applied over $ $o.ao per gallon rate
ZERO
ZERO
17
" (NON -RCRA Hazardous Waste Only, Excludes RCRA Hazardous Waste)
# $,*ck ea+c-0 *,s 1jalecQ µfm► -(w,Q +LtACk 10-J'S
CENTS
5 of 6 September 2, 2014 Item # 1•
ACKNOWLEDGEMENT:
PP, F, 51 -D
Title
Proposing Contractor's Signatu
Date
Notice of acceptance or requests for additional information will be addressed to proposing
Contractor at the email address stated below:
Business Name /Proposing Contractor Please Print:
Authorized Agent or Officer: Eduardo Perry Jr.
Title: President
Address: 14000 E. Valley Blvd., City of Industry, CA. 91746
United Storm Water; -Inc. -
Service Address: 14000 E. Valley Blvd., City of Industry, CA. 91746
Telephone No. 877- 717 -8676 Fax No
Email billy @unitedstormwater.com
626- 961 -3166
Hazardous Waste Transporter License — CA Expiration Date: 8/31/2014
Dept. of Toxic Substances Control
Hazardous Waste Transporter License - Expiration Date: 6/30/2015
California Highway Patrol
City of Poway Business Certificate: Expiration Date: 9/2/2015
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6 of 6 September 2, 2014 Item # I-