HomeMy WebLinkAbout1997-10-06 City Council (26)TO:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
6
FROM:
AGENDA DATE:
CITY MANAGER
OCTOBER 6, 1997
DEPARTMENT: PUBLIC WORKS
CMR:394:97
SUBJECT:AWARD OF CONTRACT TO ADVANCED ENVIRONMENTAL
TECHNICAL SERVICES FOR 1997-98 CITY GENERATED
HAZARDOUS WASTE MANAGEMENT SERVICES
REQUEST
This is a request for approval of a one-year contract, with options for extending the term for up
to two additional years, with Advanced Environmental Technical Services (AETS) in the
amount of $35,000 per year for the City-Generated Hazardous Waste Management Program.
RECOMMENDATIONS
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached one-year contract, with options
for extension of the term for up to two additional years, with AETS in an amount not to
exceed $35,000 in the fn’st year for the City-Generated Hazardous Waste Management
Program.
Authorize the City Manager, or her designee, to exercise the options to extend the term
for the second and third years at her discretion, in amounts not to exceed $35,000 in each
year, and execute any other documents necessary to implement the second and third
years of the contract.
POLICY IMPLICATIONS
The award of this contract is consistent with existing policies.
EXECUTIVE SUMMARY
Project Description
The contract provides for removal, transportation and disposal services for City-generated
hazardous ~vastes in accordance with State and Federal regulations. Large volum~ wastes
(greater than 55 gallons per 90 day cycle) to be managed under this contract include waste
solvents, PCB-contaminated transformer oil, and contaminated absorbents and soils from spiils.
A variety of other smaller quantity wastes, such as laboratory chemicals, paints, reproduction
CMR:394:97 Page 1 of 3
fluids, compressed gasses and other wastes, are also managed under this program. The
contract also provides for on-call emergency response services, in the event of a hazardous
material or waste incident that requires capabilities beyond those which can be provided
internally by the City.
Because this contract is based on variable work to be performed, volumes of wastes
generated and emergency’ response services, exact contract costs are not possible to predict.
However, staff is confident that budgeted funds will last the entire year, based on services
rendered during FY 1996-97. Should unforeseen circumstances such as a major hazardous
waste incident result in increased expenditures, staffwill return to Council for additional
contract authority.
Bid Process
Invitations for Bid (IFB) were mailed on August 5, 1997, to seven contractors. The bidding
period was 21 days because the scope of work is routine and the City has bid similar projects
over the past five years. Bids were received from two qualified contractors on August 26,
1997, as listed on the attached cost evaluation summary (Attachment A). Because of the
variability in waste generation rates, bid prices were evaluated using volumes and services
that xvere provided for large volume waste streams managed in FY 1996-97. Small volume,
non-routine wastes and emergency response services were not included in the bid evaluation,
because of the difficulty in generating meaningful values for these services. Based on this
evaluation, costs ranged from a high bid of $3,617 to a low bid of $2,710 for a waste
removal service call for routine wastes only. To assess costs associated with emergency
response services, unit rates for labor, equipment and material rates were reviewed and found
to be lowsr in most cases with AETB, in comparison with the other bidder. Contractors not
re.sponding indicated that they did not submit a bid because of current workload limitations,
company had personnel changes and didn’t have time to submit a bid and another company
misinterpreted the IFB. One firm submitted its bid later than the deadline specified in the
IFB and was, therefore, disqualified.
Staffhas reviewed all bids submitted, and recommends that the bid submitted by AETS be
accepted, and that AETS be declared the lowest responsible bidder.
Staff checked references supplied by the contractor for previous work performed by AETS
and found no significant complaints.
FISCAL IMPACT
Funds for this project are included in the FY 1997-98 Refuse Fund budget.
ENVIRONMENTAL ASSESSMENT
This project is categorically exempt from the provisions of California Environmental Quality
Act and no further environmental review is necessary.
CMR:394:97 Page 2 of 3
ATTACHMENTS
Attachment A - Cost Evaluation Summary
Attachment B - Contract
PREPARED BY: Chad Centola, Manager, Environmental Control Programs
DEPARTMENT HEAD REVIEW:
CITY MANAGER APPROVAL:
GLENN S. ROBERTS
Director of Public Works
Assistant City Manager
CMR:394:97 Page 3 of 3
Attachment A: Cost Evaluation Summary
Item
PCB-
contaminated
mineral oil
Contaminated
debris, soil and
absorbents
Diesel fuel and
asphalt emulsion
mixture
Chemical
Oxygen Demand
Vials
Field Technician
Site Manager
Total cost for service call
Waste
Management
Method
Destructive
Incineration
Destructive .
Incineration
Fuel Blend
Incineration
Destructive
Incineration
Quantity
(Typical
service
call)
3 55-gal
drums
2 55-gal
dmms
3 55-gal
drums
1 20-gal
drum
8 hrs
8 hrs
Advanced
Environmental
Technical Services
Unit Price Extension
$115
$145
$50ihr
$55~-1r
$2,710
$975
$550
$345
$145
$400
$440
Romic Environmental
Technologies
Corporation
UMt PAce Extension
$450 $!,350
$386 $772
$100 $300
$235 $235
$440
$52O
$55/hr
$65/hr
$3,617( including labor)
$275
$325
UKIbi
RE(~EIVED
AUG 1 2 1997
CITY OF PALO ALTO
PUBLIC WOFIKS-OPEBATIONS
PUBLIC WORKS DEPARTMENT
OPERATIONS DIVISION
CITY GENERATED HAZARDOUS WASTE MANAGEMENT SERVICES
INVITATION FOR BID (IFB) NUMBER 99229
RFPCLOSES:3:00PM, TUESDAY, AUGUST26, 1997 -ISSUED: AUG. 5, 1997
PART I - GENERAL BIDDING AND CONTRACT REQUIREMENTS SECTION 1
CITY of Palo Alto
Administrative Services Department
Contract Administration
First Floor, Civic Center
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
(415) 329-21 78
DATE: August 5, 1997
INVITATION FOR BID
COVER LETTER
(IFB)
Ao DESCRIPTION OF INVITATION FOR BID (IFB):
The City of Palo Alto on the behalf of the Public Works Department, Operations Division,
hereby invites you to bid on the following material and work:
PROJECT TITLE:CITY GENERATED HAZARDOUS WASTE MANAGEMENT
SERVICES
CONTRACT ADMINISTRATION IFB NUMBER: 99229
This Invitation For Bid (IFB) is for the services of a qu&lified and experienced
firm for the implementation of an on-going program to package, remove,
transport, and dispose of hazardous wastes generated by City of Palo Alto
operations. This IFB also provides for hazardous waste emergency response
services for incidents occurring within the jurisdictional borders of the City of
Palo Alto.
B.BID PROCESSING INFORMA’~ION
1.0 DATE, TIME AND LOCATION OF BID OPENING:
DOCUMENTS WILL BE ACCEPTED UNTIL 3:00 P.M. TUESDAY, AUGUST 26,1997
Bids are opened in the Council Conference Room at the Palo Alto Civic Center, 250 Hamilton
Avenue, First Floor, Palo Alto.
CITY OF PALO ALTO: GENERAL BIDDING AND CONTRACT REQUIREMENTS IFB 99229 SECTION 1 - 1
PART I - GENERAL BIDDING AND CONTRACT REQUIREMENTS SECTION 1
2.0 BID SUBMITTAL:
Delivery: Mailing:
Purchasing & Contract Admin. Purchasing & Contract Admin.
1st Floor, Civic Center P.O. Box 10250
250 Hamilton Avenue , Palo Alto, CA 94303
Palo Alto, CA 94301
3.0 MARKING OF BID ENVELOPE: All bids and accompanying documents shall be
submitted in a sealed envelope addressed/markedin the lower right of the envelope as follows:
"SEALED BID
PROJECT TITLE:CITY GENERA TED HAZARDOUS WASTE MANAGEMENT
SERVICES, IFB NUMBER: 99229
COMPANY NAME: (RETURN ADDRESS MUST BE ON ENVELOPE)"
C.CITY CONTACTS:
Contract Manager
Fernando Velez
Phone: (415) 329-2460
Project Manager
Chad Centola
Phone: (415) 496-6980
D.BID REQUIREMENTS
The Bidder, in accordance with the provisions of the Invitation For Bid, shall be required to:
1.0 agree with bidding requirements, and the terms & conditions of the Contract
documents and comptete and return all requested forms;
2.0 provide labor, equipment, and materials in accordance with the Contrac:t Specifications;
3.0 submit surety bonds and warranties as required;
4.0 comply with insurance requirements;
,5.0 be a licensed contractor with the State of California as required for Work scheduled on
this project;
6.0 furnish experience and financial qualifications;
7.0 sign the Bid; and,
8.0 be knowledgeable of state law and local ordinances.
PRE-BID CONFERENCE INFORMATION
Fo
1.0 A pre-bid conference is not scheduled for this project.
INSTRUCTIONS & SUPPLEMENTARY INSTRUCTIONS TO BIDDERS
Before completing and submitting the bid documents, bidders shall be knowledgeable of the
Instructions To Bidders, SECTION 100 and Scope of Work, SECTION 01010.
END OF SECTION
CITY OF PALO ALTO: GENERAL BIDDING AND CONTRACT REQUIREMENTS IFB 99229 SECTION I - 2
PART I - GENERAL BIDDING & CONTRACT REQUIREMENTS
TABLE OF CONTENTS
PROJECT TITLE:
SECTION NO.SECTION TITLE
SECTION 2
PART I GENERAL BIDDING & CONTRACT REQUIREMENTS
1
2
1 O0
.Note:
Cover Letter
Table of Contents
Instructions to Bidders
Bid Bond is required and must be defivered with Bid at Opening.
BID FORMS and OTHER REQUIREMENTS
Bid Forms
3O0
3O5
310
410
415
420
430
Note:
Bidder’s Bid Pages
Bidder’s Signature Page
Acknowledgment of Addenda
Certification of Non-discrimination
Required Contractor (Vendor) Information
Experience and Financial Qualifications
Subcontractor Information
(-*-) Indicates documents that must be returned with Bid.
Agreement Forms
500 CONTRACT (SAMPLE)
Insurance Forms
610 Performance Bond (Sample)
650 Insurance Requirements
Note:Certificates of Insuranqe are due from the Successful Bidder when returning the
Contract prior to going to Council to request Award.
PART III
01010
SCOPE OF WORK
Hazardous Waste and Emergency Response Services Program
END of SECTION
CITY OF PALO ALTO: TABLE OF CONTENTS IFB 99229 SECTION 2 - PAGE 1
PART I - INSTRUCTIONS TO BIDDERS SECTION 1 O0
City of
Pa/o A/to
CITY of PALO ALTO
Contract Administration
INVITATION FOR BID (IFB)
DATE: August 5, 1997
PROJECT TITLE:CITY GENERATED HAZARDOUS WASTE
MANAGEMENT SERVICES
This Invitation For Bid (IFB) constitutes Division O--General Bidding and Contract
Requirements--of the Contract. As an integral part of the Contract documents, it sets forth
the City of Palo Alto’s rules, regulations, procedures and requirements pertaining to the bidding
of the City’s projects. The Bidder is urged to read carefully the information and the
instructions contained in this Invitation For Bid. The submission of a Bid creates a rebuttable
presumption that the Bidder has read and understands all documents which constitute the
Contract.
1.O SOLICITATION of BIDS.
1.1 No Bid shall be sent by facsimile transmission, and any Bid so submitted shall
be deemed not received by the City. Any Bid which is attempted to be delivered or
which is received after th6 stated time shall be deemed non-responsive and rejected
and will be returned unopened to the Bidder at the opening of the Bids, or thereafter,
to the return address shown on the Bidder’s request and at the Bidder’s expense. The
Bidder shall have the sole and exclusive responsibility for ensuring that a Bid is received
by the time stated herein.
1.2 Responsibility of Bidder. A Bid shall be submitted at the sole cost and expense
of the Bidder, and, in submitting such Bid to the City, the Bidder waives any claim or
demand against the City which the Bidder may have for any direct or indirect cost or
expense of preparing and submitting such bid.
1.3 Bid Bond. A Bid Bond in the amount of not less than five percent (5_~_) of the
aggregate amount of the Bid shall be submitted with the Bid. Such amount shall be
submitted in the form of cash, a certificate of deposit, certified check or draft, or
cashier’s check or draft drawn on a bank or credit union chartered in the United States
of America and issued or drawn in favor of and payable at sight to the "City of Palo
Alto", or a surety bond in favor of the "City of PaloAIto." No personal or company
check shall be accepted by the City.
The Bid Bonds of Bidders who do not qualify as the Lowest Responsible Bidder shall be
CITY OF PALO ALTO - INSTRUCTIONS TO BIDDERS - IFB 97286 SECTION 100-1
PART I - INSTRUCTIONS TO BIDDERS SECTION 100
returned to such Bidders upon the e.xecution of the Contract by the City and the
successful Contractor.
1.4 Bid Form. Bids shall be submitted in writing on the Bid Schedule, which shall
include, without limitation, the Bidder’s Bid Pages, the Bidder’s Signature Page and the
Bidder’sAcknowledgmentofAddendumpag~. Unless otherwise stated, one (1) copy
of the Bid Form, either typewritten or hand-printed in black or blue ink only, completed
in full without interlineation, alterations or erasures, and signed, shall be submitted with
the req.uired attachments, including, without limitation, the Bid Bond, subcontractor
certification, affirmative action and non-discrimination declaration, and statement of
financial qualification and experience.
1.4.1 Numbers, sums and amounts shall be expressed clearly and when
required, in both words and figures, and, in the event of a discrepancy between
the two, the numbers, sums and amounts written in words shall govern.
1.4.2 The signature of the person, whether ir~ a personal or representative
capacity, who executes the Bid Form and any other document which the City
requires to be signed in black or blue ink only shall be in longhand. If the person
does business under his or her own name, that person shall sign his or her own
name. If the person does business under a fictitious business name, that person
shall sign his or her own name under the fictitious business name, e.g., "Jane
Doe dba Jane Doe Associates". If the person signs for and on behalf of a
partnership, the person shall sign and indicate his or her authority to sign, e.g.,
"XYZ Partners, Jane Doe, Partner". If a person signs for and on behalf of a
corporation, the person shall sign and indicate his or her due authority to sign,
e.g., "ABC Company, Jane Doe, President".
1.5 Alternate Bids. No alternate Bid shall be accepted or considered by the City,
unless an alternate Bid is solicited by the City.
1.6 Add Alternates. All solicited alternate Bids shall be bid, whether additive or
deductive. If no change in the base Bid is required, then state "NO CHANGE" in the
space provided.
1.7 Withdrawal of Bid. A Bidder may withdraw his, her or its Bid, upon written
request and delivered in person or by private express delivery service, or via U.S. Postal
Service or by facsimile transmission to the Purchasing Manager at any time before the
scheduled time of the receipt of Bids stated in PART I, Section 1, "Cover Letter", 1.0.
BID PROCESSING INFORMA TION, B. Date, Time and Location of Bid Opening:," herein.
No Bidder may withdraw his or her Bid for a period of sixty (60) days after the date set
for the opening of Bids.
1.8 Addenda. Any Bidder may submit to the Purchasing Manager or Project
Manager, or both, as the case may be, a written request for the clarification of any
CITY OF PALO ALTO -INSTRUCTIONS TO BIDDERS -IFB 97286 SECTION 100-2
PART I - INSTRUCTIONS TO BIDDERS SECTION 100
2.0
3.0
aspect of the Project Specifications or any document, or part thereof, which is a part
of the Contract which you do not understand. For the purposes of this paragraph, a
written request may be submitted by facsimile transmission. However, no request for
formal clarification may be submitted orally in person or by telephone. Such written
request shall be submitted in person, by private express delivery service or via the U.S.
Postal Service, or by facsimile and shall be ,sent not less than five (5) Business Days
prior to the date for the opening of the Bids to all Bidders who have submitted Bids on
this Project. The City disclaims any and all liability for loss, liability, or damage to any
Bidder who does not receive any Addendum issued by the City in connection with this
Project, and any Bidder in submitting a Bid is deemed to waive any and all claims and
demands it may have against the City on account of the failure of delivery of any such
Addendum to the Bidder. Any and all Addenda issued by the City shall be deemed
included in this Invitation For Bid, and their provisions shall be incorporated into any Bid
to be submitted by a Bidder.
1.9 Interest in More Than One Bid. Unless the City provides otherwise, no person
shall be permitted to submit or be interested in more than one Bid for the same public
works project. Aperson who submits a Bid to another Bidder as a subcontractor or
who quotes a price on materials to another Bidder in connection with the same public
works project shall not be disqualified under 100-1.9 herein from submitting a Bid.
PRE-BID CONFERENCE.
2.1 Attendance All Bidders are urged, when applicabl.e, to attend a pre-Bid
conference (See PART I, Section 1 "Cover Letter", E. PRE-B/D CONFERENCE
INFORMA TIO?4. The failure of a Bidder to attend a pre-Bid conference which is deemed
mandatory by the City sha~l be sufficient cause for the disqualification of the Bidder’s
Bid from any consideration.
2.2 Project & Contracting Information. The City’s Project representatives shall
provide general information on the Project, and the City’s Purchasing & Contracting
Division will be available to address any matter pertaining to the City’s Bid policies,
procedures and requirements and will be available to address any matter relating to the
Project (See PART I, Section 1 "Cover Letter", C. CITY CONTACTS).
OPENING OF BIDS.
3.1 Attendance. All Bidders are urged to attend the opening of Bids, however, a
Bidder’s absence shall not be cause for the rejection or disqualification of the Bidder’s
Bid. Any and all Bids received by the City shall be opened and read in public on the
date scheduled for the opening of Bids at the Council Conference Room, Civic Center,
First Floor, 250 Hamilton Avenue, Palo Alto. Reference PART I, Section 1 "Cover
Letter", B. BID PROCESSING INFORMATION, herein, for time and date.
3.2 Announcements.. The public reading of Bids received by the City shall include the
CITY OF PALO ALTO - INSTRUCTIONS TO BIDDERS - IFB 97286 SECTION 100-3
PART I
4.0
- INSTRUCTIONS TO BIDDERS SECTION 100
announcement of the name of each Bidder and the total amount of each Bidder’s Bid,
and any other information as the City may deem appropriate. Any Bid irregularity may
be noted at the time of announcement,
3.3 Availability of Data Regarding Bid Opening. Following the opening of the Bids,
the Purchasing Manager will complete administrative processing and forward the Bids
to the Project Manager for evaluation. Information requested by Bidders will be made
available after this staff work is completed.
DETERMINATION OF LOWEST RESPONSIBLE BIDDER.
4.1 Criteria for Determination. In addition to price, the City shall consider the quality
of supplies to be purchased by, the performance of services to be provided by, the
financial qualifications of, and the work experience of, the Bidder in determining the
Lowest Responsible Bidder. This information may be obtained from references and the
City’s experience with the Bidder. Other criteria shall include, but not be limited to:
4.1.1 The ability, capacity and skill of the Bidd&r to perform the Contract;
4.1.2 The ability of the Bidder to provide supplies or services, or both, within
the Contract Time and without delay or interference;
4.1.3 The quality of the Bidder’s performance on previous contracts with the
City;
4.1.4 The character, integrity, reputation, judgment, experience and efficiency
of the Bidder;
4.1.5 The ability of the Bidder to provide future maintenance, repair parts and
services for the use of supplies or equipment purchased;
4.1.6 The Bidder’s compliance with all current Laws, including Laws respecting
non-discrimination in employment;
4.1.7 The Bidder’s certification that he or she will pursue an affirmative course
of action as required by the City’s affirmative action guidelines; and
4.1.8 The Bidder’s compliance with the City’s policy for the purchase of
recycled products, to the extent such purchase requirements are applicable to
the Project and Work.
.5.0 AWARD OF CONTRACT AND REJECTION OF BIDS.
5.1 Decision to Award. Within thirty (30) days after the date of opening of Bids,
or within such other time as may be established by the City, a Contract may be
awarded to the Bidder who is determined to be the Lowest Responsible Bidder,
provided, however, as a condition precedent to the obligation of the City to perform
under the Contract, the Lowest Responsible Bidder shall furnish the necessary Bonds,
proof of valid contractor license, and evidence of insurance, and provide such additional
information as may be requested by the City’s representatives. The City reserves the
right to award any Bid on an item-by-item basis and to award more than one Contract
with respect to the Project.
5.2 Decision to Reject., The City reserves the unfettered right to reject all Bids for
CITY OF PALO ALTO -INSTRUCTIONS TO BIDDERS -IFB 97286 SECTION 100-4
PART I - INSTRUCTIONS TO BIDDERS SECTION 100
any reason or for no reason, to re-advertise a Bid, or to cancel a Bid listing and elect
to perform the Project and Work itself. The City reserves the right to reject as non-
responsive any Bid which is incomplete, modified, unsigned, or illegible or which is not
otherwise submitted in accordance with the requirements of this Notice Inviting Formal
Bids.
5.3 Execution of Contract. Upon the failure of the Lowest Responsible Bidder (and
any other applicable person) within fifteen (15) Business Days of the date of issuance
of the Notice of Award to execute the Contract(s) and to submit all required
documentation, including, without limitation, all Bonds and evidence of insurance, the
City may award the Contract to the next Lowest Responsible Bidder, if any there be,
in accordance with all applicable Laws. Subject to applicable Laws, the City shall be
entitled to retain the Bid Bond of the Lowest Responsible Bidder in the event that the
Lowest Responsible Bidder fails to execute the Contract in a timely manner.
5.4 Posting of Bonds. Upon award of the Contract, when required, the Contractor
shall bear all costs and post Bonds, as required. Reference PART II, Section 300,
Bidder’s Bid Pages, for bonding requirements, if any.
5.5 Insurance, Upon award of the Contract, the Contractor shall bear all costs and
provide Insurance, as required by the Insurance Requirements for Contractors in
SECTION 650 of PART Ill, herein.
5.6 Contractor’s Representations and Warranties. In entering into the Contract with
the City, the Contractor represents and warrants:
5.6.1 That any information submitted by the Contractor prior to the award of
Contract, or thereafter, upon request, whether or not submitted under a
continuing obligation by the terms of the Contractto do so, was true and
correct at the time such information was submitted or made available to the
City;
5.6.2 That the Contractor has not colluded, conspired, or agreed, directly or
indirectly, with any person in regard to the terms and conditions of the Bidder’s
Bid, except as may be permitted by this Notice Inviting Formal Bids;
5.6.3 That the Contractor has the power and authority to enter into this
Contract with the City, that the individual executing this Contract is duly
authorized to do so by appropriate resolution, and that this Contract shall be
executed, delivered and performed pursuant to the power and authority
conferred upon the person or persons authorized to bind the Contractor;
5.6.4 That the Contractor has not attempted to exert undue influence with the
Purchasing Manager or Project Manager or any other person who has directly
contributed to the decision to award the Contract to the Contractor;
5.6.5 That the Contractor has furnished and will furnish true and accurate
CITY OF PALO ALTO -INSTRUCTIONS TO BIDDERS -IFB 97286 SECTION 100-5
PART I - INSTRUCTIONS TO BIDDERS SECTION 100
statements, records, reports, resolutions, certifications, and other written
information as may be requested of the Contractor by the City from time to time
during the term of this contract;
5.6.6 That the Contractor and any person performing labor under this Project
is duly licensed as a contractor with the State of California as required by
California Business & Professions Code Section 7028, as amended;
5.6.7 That the Contractor has fully examined and inspected the Project site and
has full knowledge of the physical conditions of the Project site; and,
5.6.8 That there are no unresolved claims or disputes between the Contractor
and the City which would materially affect the Contractor!s ability to perform
under the Contract.
END of SECTION
CITY OF PALO ALTO -INSTRUCTIONS TO BIDDERS -IFB 97286 SECTION 100-6
PUBLIC WORKS DEPARTMENT
OPERATIONS DIVISION
CITY GENERATED HAZARDOUS WASTE MANAGEMENT
SERVICES
INVITATION FOR BID (IFB) NUMBER 99229
PART II -BID FORMS AND OTHER REQUIREMENTS
PART II -- BIDDER’S BID PAGES SECTION 300
City Council/City Manager
City of Pato Alto
Palo Alto, CA 94301
In response to the Notice Inviting Formal Bids, the undersigned, as Bidder declares that the only
persons or parties interested in this Bid as principals are those named herein, that this Bid is made
without collusion with any other person, firm or corporation; that the Bidder has carefully examined
the location of the proposed Work and the plans and specifications herein referred to; and the Bidder
proposes and agrees, if this Bid is accepted, that the Bidder will contract with the City of Palo Alto,
to prov{de all necessary materials, equipment, tools, apparatus and other means of transport services,
and to do all the work and furnish all the specified requirements in the Contract, in the manner and
time therein prescribed and at the prices stated in the following Bid:
PROJECT TITLE: CITY GENERATED HAZARDOUS WASTE MANAGEMENT SERVICES
BID SCHEDULE
BASE BID - Disposal of City Generated Hazardous Waste Management Services, in accordance with
SCOPE OF WORK, Section 0101 0 of PART III herein:
BID ITEM
001
UNIT OF
MEASURE
55
GALLON
DRUM
MANAGEMENT METHOD
DESTRUCTIVE
INCINERATION
ALTERNATE
MANAGEMENT
METHOD (specify):
Fuels Blending
(PCB less than 50
DESCRIPTION WITH UNIT
PRICE WRITTEN IN
WORDS
PCB and PCB
Contaminated
transformer oil
Three hundred and
Twenty Five Dollars
(Unit Price, ln Words)
One Hundred and
Twenty Five Dollars
(Unit Price, In Words)
UNIT
PRICE
$ 125.00
CITY OF PALOALTO: BID PAGES-IFB SECTION 300-1
PART II -- BIDDER’S BID PAGES SECTION 300
BID ITEM
002
003
UNIT OF
MEASURE
55
GALLON
DRUM
MANAGEMENT METHOD
DESTRUCTIVE
INCINERATION
ALTERNATE
MANAGEMENT
METHOD (specify):
Direct Landfill when
Lega!ly Available
DESCRIPTION WITH UNIT
PRICE WRITTEN IN
WORDS
Contaminated Debris,
Soil and/or
Absorbents
Two Hundred and
.Seventy Five Dollars
(Unit Price, ln Words)
.Ninety Five Dollars
(UnitPrice, ln Words)
275.00
UNIT
PRICE
$ 95.00
55
GALLON
DRUM
FUEL BLEND
INCINERATION
ALTERNATE
MANAGEMENT
Diesel Fuel and
Asphalt Emulsion
One Hundred and
Fifteen Dollars
(Unit Price, ln Words)
METHOD (specity):(Unit Price, In Words
CITY OF PALO ALTO: BID PAGES - iFB SECTION 300-2
PART II --BIDDER’S BID PAGES SECTION 300
BID ITEM UNIT OF MANAGEMENT METHOD DESCRIPTION WITH UNIT UNIT
MEASURE PRICE WRITTEN IN PRICE
WORDS
004 DRUM
OO5
006
20
GALLON
DRUM
RECYCLE
ALTERNATE
MANAGEMENT
METHOD (specify):
DESTRUCTIVE
INCINERATION
ALTERNATE
MANAGEMENT
’METHOD. (specify):
SEE BELOW
Fluorescent Light
Ballasts
One Dollar and
Fifteen Cents / Pound
(Unit Price, ln Words)
(Unit Price, In Words
Chemical Oxygen
Demand Vials (COD)
.One Hundred and
Fourtv Five Dollars
(Unit Price, ln Words)
(Unit Price, In Words
Empty Drums and
other Contaminated
Containers
1.15 / lb.
145.00
Provide Fee
Schedule
RECYCLING 5 Gallon
30 Gallon
55 Gallon
$8.00
$25.00
$45.00
CITY OF PALO ALTO: BID PAGES - IFB SECTION 300-3
PART II --BIDDER’S BID PAGES SECTION 300
BID ITEM UNIT OF MANAGEMENT METHOD DESCRIPTION WITH UNIT UNIT
MEASURE PRICE WRITTEN IN PRICE
WORDS
007 Non-routine WasteSEE ATTACHED
PRICE SCHEDULE
TO BE PRICED
ON A CASE BY
CASE BASIS;
PROVIDE T & M
RATES
Notes to Bid Schedule:
Lowest responsible bidder: See Part g in Section 01010, Scope of Work for criteria to be used in
the determination of Lowest Responsible Bidder.
Failure to fill out all items may be considered an irregularity in the bid.
Taxes: Bid prices and total shall include all applicable taxes.
Errors: If errors in extensions and totals exist, the written unit rate with corrected extension and total
shall prevail and will be considered as the actual base bid proposal amount.
Bonds and insurance: Enclosed is $ 1,7_50 (Bid Bond amount not less than 5% of Bid total) which
is given as security to assure that the undersigned will enter into the Contract if so awarded. If
Contract is awarded to Bidder, the undersigned hereby agrees to sign the Contract and furnish the
following: a Performance Bond in the amount of 635,000.00, 100% of the not to exceed value of
the Contract.
Liquidated Damages: If the Contractorfails to complete the Projectwithin the time fixed for such completior~
he or she shall become liable to the City for liquidated damages in the sum of Five Hundred Dollars ($500.00)
for each and every calendar day during which said Work shall remain uncompleted beyond such time for
completion or approved extension thereof. This sum shall be presumed to be the amount of damages thereby
sustained by the City Since it is impracticable or extremely difficult to fix actual damages. The amount of
liquidated damages may be deducted by the City from monies due the Contractor at the time of completion,
and the Contractor and his o~ her sureties shall be liable to the City for any excess.
Term of Agreement: The term of the Contract shall be for the period from date of award 1997 through
June 30, 1998, and may be extended for two (2) 12 month period up to a maximum of 24 consecutive
months, subject to:
(a)City of Palo Alto City Council’s annual approval of each current year’s budget
and appropriation of funds for this Contract;
(b)the Vendor’s compliance with the terms and conditions as established by this
document (IFB);
(c)a mutual agreement to continue the Contract with:
(1)negotiations beginning 60 days
anniversary date;
prior to each 12 month’s
CITY OF PALO ALTO: B~D PAGES - IFB SECTION 300-4
City of Palo Alto IFB #99229
SECTION 2.0
STANDARD SCHEDULE OF FEES /
CONTRACT DISCUSSION
Site Service Price Schedule (T.ime and Materials)
DISPOSAL / TREATMENT
I. Laboratory Packaged Chemicals
Incineration: Non-Reactives
Regulated (DOT) Categories - Including flammables, corrosives, poisons, some pesticides or
herbicides, some flaramable solids, toxic materials, irritants, non-regulated materials including non-
hazardous lab chemicals, process or retain samples, non-prescription pharmaceuticals, etc.
55 Gallon Drum (20 gal. Max.) ................................................................................$575.00/Each
30 Gallon Drum (12 gal. Max.) ................................................................................$375.00/Each
2 I C 115 DOT Specification Combustible Container ..................................................$445.00/Each
2 IC60L DOT Specification Combustible Container ..................................................$155.00/Each
21 C60S DOT Specification Combustible Container ....................................................$65.00/Each
15A30 Wooden Boxes, 12-A and 112-B Corrugated Boxes .......................................$112.00/Each
5 Gallon DOT Specification Pails (5 Gallon Liquids) ................................................$125.00/Each
Incineration: Reactives
*$144.00 minimum charge per container ...........................................................................$6.25/lb
Includes but is not limited to Water Reactives, Isocyanates, Pyrophorics, Perchlorates, Persulfates,
and Nitrates.
II. Non-Lab Packs
hmineration: Aerosol Cans
55 Gallon Dram .......................................................................................................$225.00/Each
30 Gallon Drum ’.$175.00/Each
5 Gallon Datm ...........................................................................................................$98.00/Each
Incineration: Aqueous Waste
o0 - 50 Gallon Drum ................................................................................................$o4).00/Each
ll’ater Treatment: Acid / Base Netttralization - Inorganic
30 5S Gallon Dvttm (<10% solids)(0 50%AcicL/Base- ---,, , ) .............................................$341.00/Each
30 - 55 Gallon Dram (20 - 50% solids) ...................................................................$395.00/Each
A d:vancedEnvironmentalTechnicalSer~ces
City of Palo Alto IFB #99229
Sttpplementary Fuels: Liquid
(>IOK BTU / <4% Halogen / <5% Solids)
30 - 55 Gallon Drum ................................................................................................$131.00/Each
Supplementary Fttels: Solids
30 - 55 Gallon Drum ................................................................................................$295.00/Each
Supplementary Fttels: Rags/Low-l)ensity Compactable
30 - 55 Gallon Drum (150 pound nmximum per drum) ..............................................$290.00/Each
Rec)’cle: Fhmmutbles
30 - 55 Gallon Drum ................................................................................................$155.00/Each
Recycle: Elemental Mercury
2 Gallon Pail (packed with inside containers) ..............................................................$93.00/Each
5 Gallon Pail (packed with inside containers) ............................................................$263.00/Each
Recycle: Nickel-Cadmittm Batteries ..............................................................................$1.8 9/lb.
($100.00/mininmm charge)
Recycle: Lead-Acid Batteries .........................................................................................$0.5911b.
($100.00/minimum charge)
LABOR
I. Routine Field Services
Site Manager/Project Manager ........................................................................................$55.00/hr
Field Analyst/Field Teclmician ........................................................................................$50.00/hr
Per Diem, when applicable (per man) ..........................................................................$150.00/day
II. Special Services
Consultant/Engineer .....................................................................................................$126.00/hr
Reactive Chemical Supervisor/Manager .........................................................................$89.25/hr.
Reactive Chemical Technician ........................................................................................$63.00/hr
Remediation Super~’isor .............................................................................: ....................$68.25/hr
Hcavv Equipment Operator .............................................................................................$47.25/hr
Administrative Support Staff ..........................................................................................$31.50/hr
A dva ncedEnvi onm cnta 1TechnicalSe o ces
City of Palo Alto IFB #99229
IlI. Personal Protective Equipment
EP,~ Level D (Dail.v Uniform) ..........................................................................................N/C
EPA Level C ..................................................................................................................$15.00/hr
EPA Level B ..................................................................................................................$27.00/hr
EPA Level A ..............................................................................................................case-b.v-case
IV. Service Vehicle Charge
Routiae Senice Vehicle (porta! to portal) .......................................................................$2.35/mile
Emergency Response Vehicle .........................................................................................$.~.9./mdc
V. Emergency Response Charge ....................................................................$1000.00/response
C. 1MATERJALS AND EQUIPMENT
I. Containers
110 Gallon Overpack Drum .........................................................................................$435.75/ea.
85 Gallon Overpack Dram (PoIy) ......................................$_89..~8/ea.
85 Gallon Overpack Drum (Metal) ..............................................................................$162.25/ea.
One Cubic Yard Box (include pallet and liner) .............................................................$ ~.41.75/ea.
55 Gallon Polv Closed Top Drum ..................................................................................$68.25/ea.
55 Gallon Steel Open Top Dram ....................................................................................$42.85/ea.
55 Gallon Steel Closed Top Dram ...................’ ..................$61.25/ea.
30 Gallon Steel Open Top Druqa ....................................................................................$42.75/ea.
30 Gallon Steel Clo, sed Top Dram ..................................................................................$54.60/ea
"55 Gallon Pail (Steel) Open Top .....................................................................................$18..~ /ea.
5 Gallon Pail (Poly) Open Top ...........................................: .............................................$5.72/ea.
2 Gallon Pail (Poly) .......................................................................................................$11.50/ea.
DOT Specification 2 IC-115 Rocon Box ........................................................................$13.65/ea.
DOT Specification 2 IC-60L Rocon Box ........................................................................$11.25/ea.
DOT Specification 21C-60S Rocon Box ..........................................................................$9.90/ea.
DOT Specification 15-A-30 Wooden Crate ....................................................................$27.50/ea
II. Material and Equipme’nt
Vermiculite ...................................................................................................................$13.35/bag
Clay Absorbent ............................................................................................................$13.25Poag
Visqueen Plastic Sheeting .............................................................................................$36.75/roll
Poly Sipl~on Dram Pump ...............................................................................................$20,25/ea.
One Gallon plastic jug .....................................................................................................$1.58/ea.
Portable Ft.tcne Hood .....................................................................................................$50.00/day
Drum Crusher ...........................................................................................................$200.00/day
Fork Lift ................................................................................................................$350.00/day
AdvancedEnvironmcntalTechnicalSeroices
City of Palo Alto IFB #99229
D.FREIGHT AND TRANSPORTATION CHARGES
All waste will be manifested through the AETS Richmond, California facility except for Bulk material and
PCB Waste,
From AETS Richmond to various disposal sites:
Chemical Waste Management
OSCO - Fuel Blend
Azusa, California
Pallet ..................................................: $195.00lea.
85 Gal ...................................................$85.001ea.
55 Gal ...................................................$55.001ea.
30 Gal ...................................................$45.601ea.
5 Gal .....................................................$15.751ea,
Chemical Waste Management
Trade Waste Incineration
Sauget, Illinois
Pallet ...................................." ...............$227.501ea.
85 Gal .................................................$110.25lea.
55 Gal ...............................: ...................$85.001ea.
30 Gal ...............: ...................................$65.75lea.
21 ,C60L .................................................$33.60/ea.
5 Gal .....................................................$26.25/ea.
15A-21 C60S .........................................$23.60/ea.
U.S. Filter (Norris) Water Treatment Co.
Los Angeles, California
85 Gal ...................................................$75.25/ea.
55 Gal ...................................................$55.001ea.
30 Gal ...................................................$45.601ea.
5 Gal .....................................................$15.75/ea.
ENSCO Incineration
El Dorado, Arkansas
Pallet...................................................$245.00/ea,
85 Gal .................................................$125,75/ea.
55 Gal ...................................................$92.85/ea.
30 Gal ...................................................$70,50/ea.
2 IC60L .................................................$31.50/ea.
21C60S ..~ ..............................................$19.00/ea.
5 Gal .....................................................$18.35/ea.
CU/YD BOX ........................................$420.10/ea
Kinsburskv Brothers
Batter3. Recycle
Anaheim, California
Pallet ...................................................$195.00/ea.
85 Gal .................................................$120.75/ea.
55 Gal ...................................................$78.751ea.
30 Gal ...................................................$59.50/ea.
5 Gal .....................................................$20.00/ea.
AETC Recycling
Allentown, Pennsylvania
55 Oal .................................................$185.00lea.
30 Gal .................................................$120.00lea.
21C60L .................................................$47.50/ca.
2 IC60S .................................................$35.00/ea.
A dvancedEnvironmentalTechnkaIServices
08128/1997 07:45 4082255552 £RAD £ONNAN PaGE 02
I. Routine Field Services
Site Manager/Project Manager
Field Analyst/Field Technician $ 55.00/hr
$ 50,00/hr
Special Services
Consultant/Engineer
Reactive Chemical Supervisor/Manager
Reactive Chemical Technician
Remediation Supervisor
Heavy Equipment Operator
$126.00/hr
$ 89.25/hr,
$ 63.00/hr
$ 68.25/hr
$ 47.25/hr
III. Personal Protective Equipment
EPA Level D (Daily Uniform)
EPA Level C
EPA Level B
EPA Level A
IV, Service Vehicle Char~ie
N/C
$ 15.00/hr
$ 27,00/hr
case-by-case
Routine Service Vehicle (portal to portal)
Emergency Response Vehicle
$2.35/mile
$3.95/mile
_V.,, Emerqency Response Charge $1 O00,00/response
Labor Rates (All Routine Labor and Overtime charges apply)See above
.VI. Specialty Transportation Equipment
135 Barrel Tanker Truck (Portal to Pedal, Includes Driver)
Tractor with (1 - 3) 20 yd~ bins (Portal to Portal, Includes Driver)
" Overtime & Afterhour Charges Apply
$ 80.O0/hour
$ 80.O0/hour
,Labor notes:
1. Labor rates apply to job site time and travel time (portal to portal) with a minimum of two (2)
hours s~te time. These rates do not apply to LTL pickups for routine wastes.
2. Normal working hours Include up to ten hours dally Monday through Fdday.
3. Time and one halt’ charges (1.5 x rate shown) will apply after eight hours, on weekends, and
all day Saturday.
4. Double time (2.0 x rates shown) will be charged for Sunday and Holiday Hours.
5. Additional professional services and personnel will be quoted on a case-by-case basis.
PART II - BIDDER’S BID PAGES SECTION 300
(2)a mutual agreement to extend the Contract completed 30 days
prior to each 12 month renewal period;
(3)
(4)
satisfactory compliance and extensions by the Vendor with the
established certificates of insurance, licensing, permits, City’s
Contract or other requirements of the Terms and Conditions;
and
firm pricing for subsequent 12 month term(s) as set forth in
herein below.
Pricing of Agreement
Pricing of Soils and Materials Testing shall be based on and remain firm during the following periods’.
(a)From date of award, 1997 througl~ June 30, 1998
(b}July 1, 1998 through June 30, 1999
(c)July 1, 1999 through June 30, 2000
Notwithstanding the foregoing, this Contract may be terminated, with or without cause by the City -
upon ten (10) days written notice to Vendor. Monies then owing based upon work satisfactorily
accomplished shall be paid to Vendor.
ENTIRE AGREEMENT: This document and its parts, exhibits, drawings, and other referred or related
documents represent the entire agreement between the parties with respect to the purchase of
services, materials or equipment which may be the subject of any ensuing contract or agreement. Any
conflict with these Terms & Conditions or any prior agreements, representations, statements,
negotiations and undertakings whet.her oral or written are superseded hereby.
Contractor’s license requirements: Subject to verification of good standing, the Contractor shall
su1~mit a copy of its current CONTRACTOR’S license as issued by the State of California under
Chapter 9 of Division 111 of the California Business and Professions Code (Sections 70(~0 et ~..e.~.). The
copy of the license shall be attached to the ,Signature Page, (SECTION 305) of the IFB. The prime
Contractor for this Work shall possess a valid State ContraCtor’s License in the appropriate special
California Contractors license pertaining to the Work to be accomplished.
BIDDER’S SIGNATURE IN PART II, SECTION 305, SIGNATURE PAGE~ (HEREIN} CONSTITUTES AN AGREEMENT TO THE
TERMS AND CONDITIONS OF THIS SECTION (PART I1~ SECTION 300) AND OTHER SECTIONS OF THE BID DOCUMENTS.
END OF SECTION
CITY OF PALO ALTO: BID PAGES-IFB SECTION 300-5
PART II - BIDDER’S SIGNATURE PAGE SECTION 305
The undersigned hereby certifies that, directly or indirectly, they or their representatives and
agents have not colluded with other parties interested in this Invitation For Bid.
Bidder is a:
[] California Corporation, or a ~ California Limited Liability Company, or a
[] Corporation organized under the laws of the State of Delaware
with head offices located at #3 Gold Mine Road, Flanders, NJ 07854
and offices in California at 4227 Technology Drive, Fremont, CA 94538
(Attach addendum if necessary)
[] Sole Proprietorship including any fictitious business names (i.e., "dba"), or a
[] Partnership (list names of partners; state which partner or partners are managing partner(s).
(Attach addendum).
[] Other (Attach addendum specifying details).
Dated 8-20-97 19
Company Name of Bidder:
Advanced Environmental Technical Services
Title: Executive Vice President, Western
Region
Must be same signature as will appear on Contract.
Signature of OfficerlOwner:
Printed Name of Signatory: Donald A, ~ee~
Address #1: 4227 Technology Drive Address#2:
Fremont, CA 94538 None
Fremont CA 94538State, Zip:
Telephone:
City:-
Fax No:510-656-4926 510-651-2964
Contractor License #/Type: Class A, Hazard iRS #:36-4016575
Name of Contact Person: Bradley Bowman Telephone:408-225-5552
End of Section
CITY OF PALO ALTO: BIDDER’S SIGNATURE PAGE IFB 99229 SECTION 305
PART II - ACKNOWLEDGMENT OF ADDENDA "SECTION 310
PROJECT TITLE:
During the Bid process there may be changes to the Bid documents which would
require an issuance of an Addendum or Addenda. To assure that all Bidders
receive the update or change Addendum, the,following acknowledgment and
sign-off is required.
NOTE: Failure to execute the following may be considered as an
irregu!arity in the Bid. Receipt of the following Addendum is acknowledged. The
Bidder acknowledges that the information contained in the addendum has been
considered in the preparation of this Bid.
Addendum No. (None Y~ ), (1__), (2__), (3m), (4m), (5~)
(Check appropriate s~ace/number above)
Donald A, Lees
Signature of Bidder
Advanced Environmental Technical Services
Company
If required, a copy of the contractor’s license as described in SECTION 300 shall
be attached to the Signature Page, (SECTION 305) of the IFB.
END OF SECTION
CITY OF PALO ALTO: ACKNOWLEDGMENT OF ADDENDA IFB 99229 SECTION 310
PART II - BID FORMS - CERTIFICATION OF NONDISCRIMINATION SECTION 410
Certification of Nondiscriminatior~ As suppliers of goods or services to the City of Palo Alto,
the firm and individuals listed below certify that they do not discriminate in employment with
regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual
preference; that they are in compliance with all Federal, State and local directives and
executive orders regarding nondiscrimination in ~mployment; and that they agree to
demonstrate positively and aggressively the principle of equal opportunity in employment.
The Bidder agrees specifically:
1.0 To establish or observe employment policies which affirmatively promote
opportunities for minority persons at all job levels.
2,0 To communicate this policy to all persons concerned, including all employees,
outside recruiting services, especially those serving minority communities, and
to the minority communities at large.
3.0 To take affirmative action steps to hire minority employees within the
organization.
4.0 To be knowledgeable of the local, state, and federal laws and regulations
concerning affirmative action policies and provide opportunities for employees.
Firm:Advanced Environmental Technical Services, LL~)ate:8-20-97
Executive Vice Pres.i/~dent, Western RegionTitle of Officer Signing:
o
Signature: Donald A. Lees ~.~.
Please include any additional information available regarding equal opportunity employment
programs now in effect within your company.
{Please attach ad{Jit~onal pages if necessary}
END OF SECTION
CITY OF PALOALTO: CERTIFICATION OF NONDISCRIMINATION IFB 99229 SECTION 410
PART II -BID FORMS SECTION 415
REQUIRED CONTRACTOR INFORMATION
I. This section must be completed. MINORITY BUSINESS ENTERPRISES. Non-completicn
indicates "is not". MINORITY/WOMEN/DISADVANTAGEDBUSINESS ENTERPRISE. Supplier
or Contracror (Vendor) is , is not ×x a Minority or Women or Disadvantaged
Business Enterprise, M/W/DBE. (A Minority Business Ent, erprise is defined as a "business, privately or publicly
owned, at least 51% of which is owned by minority group members." For the purpose of this definition, minority
group members includes African - Americans, Hispanics, Asian Americans, American Indian or Alaskan Natives, or
Women.)
I1. This section must be completed. Non-completion indicates "is not". SMALL
BUSINESS. Vendor is __, is not xx a small business concern. (A small business concern
for the purpose of this procurementis a concern, including its affiliates, which is independently owned and operated,
is not dominant in the field of operations in which it is contracting, and can further qualify under the criteria concernirg
number of employees, average annual receipts, or other criteria as a result of Public Law 95-507 amending the Small
Business Act of 1958.)
III. This section applies only to construction projects..Compliance with the Americans with
Disabilities Act (ADA) of 1990. The Vendor, by signature herein, indicates that all new
construction commencing after January 26, 1992, shall be made readily accessible and
properly signed to the maximum extent feasible in compliance with ADA.
IV. This section applies to all Vendors as required. The Vendor shall comply with Executive
Order No. 11246, entitled "Equal Employment Opportunity," as amended by Executive OrSer
No. 11375, and as supplemented in Department of Labor Regulations (41 CFR, Part 60).
V. This section applies to all Vendors. The Vendor represents that it has not retained a
person to solicit or secure a City contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, except for retention of bona fide
employees or bona fide established commercial selling agencies for the purpose of securing
business.
Further, the Vendor represents that it has not knowingly influenced and promises that it will
not knowingly influence a City employee or formerCity employee to breach any ethical
standards set forth in the Palo Alto Municipal Code or any of the State of California
procurement regulations.
Vendor’s representative concerning
any of the above information in sections I-Vo:Tuoi Freeland
Phone: (81~ 334-5117
Signature on the Bidder’s Signature Page implies compliance and certification.
END OF SECTION
CITY OF PALO ALTO: REQUIRED CONTRACTOR INFORMATION - IFB 99229 SECTION 415
PART II -BID FORMS -EXPERIENCE & FINANCIAL QUALIFICATIONS SECTION 420
The following information concerning the experience and financial qualifications of the
Contractor are a required part of the Bid, The information is certified correct by signature
herein.
Name of Company:
Contractor’s License Number:
Name of Bonding Company:
Phone Number:
Name of Insurance Carrier:
Phone Number:
Advanced Environmental Technical Services, LLC
A442497, Glass A, Hazard
CNA
Near North Insurance Brokerage
312-280-5540
How many years have you (or yourfirm)done business underthe namelisted
3above?
How many years experience have you (or your firm) had which is similar in nature to
the work covered in the Bid? 22
Provide relevant references of contracts satisfactorily completed in the last three (3)
years:
a. Year: 1992- 1997
Type of Work: Transportation and Disposal Services - Emergency Response
Contract Amount: $225~000 / Year
bo Year:1’993- 1997
Type of Work: Household Hazardous Waste Collection
Contract Amount: $200,000 / Year
C°Year:
Type of Work:
Contract Amount:
1993 - 1997
Transportation and Disposal Services
~300~000 / Year
do Year:
Type of Work:
Contract Amount:
[993 - 1997
Transportation and Disposal Services
$150~000 / Year
e0 Year:
Type of Work:
Contract Amount:
1991 - 1997
Transportation and Disposal Services
$400,000 / Year
(Please provide additionalsheetsif necessary)
CITY OF PALO ALTO -QUALIFICATIONS -99229 SECTION 420 -1
PART II -BID FORMS -EXPERIENCE & FINANCIAL QUALIFICATIONS SECTION 420
o
Have you (or your firm) previously worked for the City of Palo Alto?
No
( If yes, please list above or provide additional sheets if necessary)
If applicable, provide a list of the plant(s) and equipment owned by the bidder Whicl-
are available for use on the proposed work as may be. required herein:
Quantity N~me, Tyoe and Capacity Condition
See Sect±on 5.0 for required Eraersency Res£onse Equ±pment
Location
CWM-Trade Waste Incineration Complex / Sauset, IL
C~@[-Port Arthur Treatment Complex / Port Arthur, TX
CWM-Oil and Solvent Process Company (OSCO) / Azusa,
CWM-Kettleman Hills Facility / Kettleman Hills, CA
AETS-Richmond Facility / Richmond, CA
CA
(Please provide additional sheets if necessary)
Provide a list of’ the Project’s managemeqt staff of the bidder who will manage the
proposed work as may be required herein:
Name Years of Experience
Brad Bowman
Richard Williams
Roy DeGuzman
12 Years
7 Years
5 Years
Field of ExDe~ise/Caoabilities
Senior Teri~ory Manager
Site Manager
Site Manager
0
Brad Bo~man
Person to Contact)
(Please provide additional sheets if necessary)
140~ 22.~-5552
(Phone)
END OF SECTION
CITY OF PALO ALTO - QUALIFICATIONS - 99229 SECTION 42--0-2’
PART II -BID FORMS SECTION 4.30
SUBCONTRACTOR INFORMATION
The followin, g is the name and location of the mill, shop or office of each subcontractor
who will perform work or labor or render services to the undersigned in or about the
construction of the Work or improvement contemplated by this Bid and the portion of
the Work which will be done by each subcont,ractor.
Name Location,
Sterseon and Sons Bakersfield, CA
Work 1;o be Provided
Transportation Services
Norris Environmental Los Angeles, CA
Salesco Systems Phoenix, AZ
Kinsburskv Brothers Anaheim~ CA
Mercury Technologies Hayward, CA
Adv. Env. Recycling Allentown, PA
Container Manasement Hayward, CA
Haz Waste Treatment Facility
Haz Waste Treament & Recycling
Recycling & Reutilization Facility
Mercury Recyclin$ Facility
Metals Recyclin$ Facility
Drum Reconditioning Facility
(Please include additional pages if necessary)
Advanced Environmental Technical Services
Date:
(Name of Firm)
.August 25, 1997
.B.rad Bowman- (408) 225-5552
(Contact Name/Phone)
END OF SECTION
CITY OF PALO ALTO: SUBCONTRACTOR INFORMATION IFB 99229 SECTION 430
CERTIFICATE OF A UTHORITY
The undersigned,DONALD A. LEES ,, does hereby certify that:
1. He is the duly elected, qualified and acting Vice President, Western Region, of
Advanced Enviranmental Technical Services, LLC, a Del~vare corporation ("Company").
2. Alex Amort is the duly elected, qualified Branch Manager of the’Company, pursuant
to the By-L~vs .of the Company, and is duly authorized to execute and de#ver on behalf oJ" the
Company or cmy of its subsidiaries and all bidproposals, contracts, surety bonds, and other related
documents with respect to the operations of the northern branch (fremont, CA) of the Company.
IN WITNESS THEREOF, the undersigned does hereby set his hand and the seal of said
company this 31st day of January, 1997.
A. Lees, Vice President, Western Region
Advanced Environmental Technical Services, LLC
(Seal)
Part II - CONTRACT SECTION 500
CONTRACT
CITY GENERATED HAZARDOUS WASTE MANAGEMENT SERVICES
This contract, dated__ ~¢--t’-, ~ ,1997, is entered into by and between the City of Palo Alto,
a municipal corporation of the State of California ("City"), and Advanced Environmental Technical Services, a
California Limited Liability Company, ("Contractor"), whos@ Taxpayer Identification Number is 36-4016575.
For and in consideration of the following covenants, terms and conditions, City and Contractor ("the
parties") agrees:
Term. This contract shall commence, and be binding on the parties on, the Date of Execution of this
Contract, and shall expire one year from that time. The City has the option of extending the contract
annually for two (2) additional years, subject to the terms thereof. The City reserves the right to modify
or cancel the contract in the City’s sole discretion upon giving Contractor notice of its modification or
cancellation at least ten (10) working days pdor to the effective date of the modification or cancellation.
General Scope of Project and Work. Contractor shall furnish labo.r, services, materials, transportation
and equipment in connection with this project and scope of work in accordance with the covenants,
terms and conditions of this Contract to the satisfaction of the City. The Project and Work is generally
described as follows:
Title: City Generated Hazardous Waste Manaqement Services
Base Bid: Not to exceed $35,000 per year
Add Alternates (if any):Not Applicable
Total Bid: Not to exceed $35,000 per year
Contract Documents. This Contract shall consist of the documents set forth below, which are on file
with the City Clerk and are hereby incorporated by reference. For the purposes of construing,
interpreting and resolving inconsistencies between the provisions of this Contract, these documents
and the provisions thereof are set forth in the following descending order of precedence.
This Contract
Project Specifications/Scope of Work
Drawings’
Change Orders.
Invitation for Bid #99229
Any other document not expressly mentioned herein which is issued by City or entered into by
the parties.
Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall
pay to Contractor the amount set forth in the Contractor’s bid with the provisions of this Contract and
upon receipt of wdtten invoices and all necessary supporting documentation within thirty (30) days of
the date of receipt of Contractor’s invoices.
Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies
of insurance coverage described in the Invitation for Bids on terms and conditions and in amounts
as may be required by the Risk Manager. City shall not be obligated to take out insurance on
Contractor’s personal property or the personal property of any person performing labor or services
CITY OF PALO ALTO: Formal Contract for Hazardous Materials Page 1
Part II - CONTRACT SECTION 500
or supplying materials or equipment under the Project. Contractor shall furnish City with the
certificates of insurance and with original endorsements affecting coverage required under this
Contract on or before the Date of Execution. The certificates and endorsements for each insurance
policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf.
Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 16
of this Contract.
Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council
members, officers, and employees harmless from and against any and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole
or in part, directly or indirectly, at any time from any injury to or death of persons or damage to
property as a result of the willful or negligent act or omission of Contractor, or which results from
Contractor’s noncompliance with any Law respecting the condition, use, occupation or safety of
the Project site, or any part thereof, or which arises from Contractor’s failure to do anything
required under this Contract or for doing anything which Contractor is required not to do under this
Contract, or which arises from conduct for which any Law imposes strict liability on Contractor
in the performance of or failure to perform the terms and conditions of this Contract, except as
may arise from the sole willful or negligent act or omission, of City or any of its City Council
members, officers, or employees. This indemnification shall extend to any and all claims,
demands, or liens made or filed by reason of any work performed by Contractor under this Contract
at any time during the term of this Contract, or arising thereafter.
Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City
Council members, officers and employees from and against any and all claims, demands, liabilities,
losses, damages, costs, expenses, liens, penalties, suits, or judgments CITY may incur, arising in
whole or in part in connection with or as a result of Contractor’s acts or omissions under this
Contract, under the Comprehensive Environmental Response, Compensation and Liability Act (42
U.S.C., §§9601-75, as amended); the Resource Conservation and Recovery Act (42 U.S.C.,
§ §6901-82, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health
& Saf. Code, §§25300-25395, as amended) the Hazardous Waste Control Act (Health & Saf.
Code, §§25100-25250.24, as amended); the Safe Drinking Water and Toxics Enforcement Act
(Health & Saf. Code, § §25249.5-25249.13, as amended); the Underground Storage of Hazardous
Substances Act (Health & Saf. Code, §§25280-99.6, as amended); the Hazardous Substance
Account Act (Health & Saf. Code, § §25300-95, as amended); the Toxic Substances Control Act
(15 U.SoC., §§2601-71, as amended); or under any other local, state or federal ordinance or
statute, or at common law.
Assumotion of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or
injury to the property of Contractor which may occur in, on, or about the Project site at any time
and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or
negligent act or omission of City or any of its City Council members, officers, or employees.
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as
a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or
provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any
subsequent breach of the same or any other provision, nor shall any custom or practice which may
arise between the parties in the administration of any part or provision of this Contract be
construed to waive or to lessen the right of City to insist upon the performance of Contractor in
strict compliance with the covenants, terms and conditions of this Contract.
9.Compliance with Laws. Contractor shall comply with all Laws now in force or which may
CITY OF PALO ALTO: Formal Contract for Hazardous Materials Page 2
Part II - CONTRACT SECTION 500
10.
11.
hereafter be in force pertaining to the Project and Work and this Contract, with the requirement
of any bond or fire underwriters or other similar body now or hereafter ~onstituted, with any
discretionary license or permit issued pursuant to any Law of any public agency or official as well
as with any provision of all recorded documents affecting the Project site, insofar as any are
required by reason of the use or occupancy of the Project site, and with all Laws pertaining to
nondiscrimination and affirmative action in empl,oyment and hazardous materials.
Eg£.d~. As a condition precedent to City’s obligation to pay compensation to Contractor, and on
or before the Date of Execution, Contractor shall furnish to the Project Manager the bonds as
required under the Invitation for Bids.
Representations and Warranties of the Contractor. In the supply of any materials and equipment,
and the rendering of labor and services during the course and scope of the Project and Work,
Contractor represents and warrants:
Contractor is engaged in the business of performing services with respect to waste
materials and has developed the requisite expertise to perform the services agreed to City
and Contractor hereunder;
bo Any materials and equipment which shall be used during the course and scope of the
Project and Work shall be vested in Contractor;
Any materials and equipment which shall be used during the course and scope of the
Project and Work shall be merchantable and fit to be used for the particular purpose for
which the materials are required;
Any information submitted by Contractor prior to the award of Contract, or thereafter,
upon request, whether or not submitted under a continuing obligation by the terms of the
Contract to do so, is true and correct at the time such information is submitted or made
available to the City;
eo Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person
in regard to the terms and conditions of Contractor’s Bid, except as may be permitted by
the Invitation for Bids;
Contractor has the power and authority to enter into this Contract with City, that the
individual executing this Contract is duly authorized to do so by appropriate resolution, and
that this Contract shall be executed, delivered and performed pursuant to the power and
authority conferred upon the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing
Manager or Project Manager or any other person who has directly contributed to City’s
decision to award the contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would
materially affect Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports,
resolutions, certifications, and other written information as may be requested of Contractor
by City from time to time during the term of this Contract;
CITY OF PALO ALTO: Formal Contract for Hazardous Materials Page 3
Part II - CONTRACT SECTION 500
12.
jo Contractor and any person performing labor and services under this Project is duly licensed
as a contractor with the State of California as required by California Business &
Professions Code Section 7028, as amended; and
ko Contractor has fully examined and inspected the Project site and has full knowledge of the
physical conditions of the Project site.
Warranties and Representation of the City. The City represents and warrants to the Contractor
that:
b°
The description of and specifications pertain!ng to its waste materials in the Profile Sheet
and at all times will be true and correct in all material aspects. Waste materials tendered
to Contractor will at all times, including, without limitation, at the time of recertification
of the waste materials, conform to the description and specifications contained in the
Profile Sheet;
City has made all information available to the Contractor regarding the waste materials and
the surface and subsurface conditions in the vicinity of the premises where the services
are to be performed. If City receives information that the waste materials described in
Profile Sheet present, or may present, a hazard or risk to persons or the environment not
reasonably disclosed in the Profile Sheet, City will promptly report such information to the
Contractor;
13.
14.
15°
16.
Co If City is not the generator of the waste materials (as defined in 40 CFR 260.10), City has
all necessary authority to enter into this Agreement with respect to waste materials;
do City is under no legal restraint which prohibits the transfer of possession of such waste
materials to Contractor; and
e°City shall comply with all applicable statutes, ordinances, laws, o~ders, rules and
regulations, and shall provide Contractor a safe work environment for services performed
on any premises owned or controlled by the City.
Assianment. This Contract and the performance required hereunder is personal to Contractor, and
it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the
Contract Time or other disputes arising out of the Contract shall be submitted by Contractor to City
in writing by certified or registered mail within ten (10) Days after the claim arose or within such
other time as may be permitted or required by law, and shall be described in sufficient detail to
give adequate notice of the substance of the claim to City.
Audits by City. During the term of this Contract and for a period of not less than three (3) years
after the expiration or earlier termination of this Contract, City shall have the right to audit
Contractor’s Project-related and Work-related writings and business records, as such terms are
defined in California Evidence Code Sections 250 and 1271, as amended, during the regular
business hours of Contractor, or, if Contractor has no such hours, during the regular business hours
of City.
~. All agreements, appointments, approvals, authorizations, claims, demands, Change
Orders, consents, designations, notices, offers, requests and statements given by either party to
CITY OF PALO ALTO: Formal Contract for Hazardous Materials Page 4
Part II - CONTRACT SECTION 500
the other shall be in writing and shall be sufficiently given and served upon the other party if (1)
personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express
delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number
set forth below during regular business hours of the receiving party and followed within two (2)
Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with
(1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and
service by facsimile transmission.
To City:City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to:City of Palo Alto
Department of Public Works, Operations Division
Attention: Chad Centola, Project Manager
3201 E. Bayshore Road
P.O. Box 10250
Palo Alto, CA 94303
(650) 496-6980
FAX’. (650) 852-9289
To Contractor:Advanced Environmental Technical Services
Attention: Bradley Bowman
4227 Technology Drive
Fremont, CA 94538
(510) 651-2964
FAX: (510) 656-4926
17.AooroDriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section
12 of the Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and
equipment may accrue only after such expenditures have been approved in advance in writing in
accordance with applicable Laws. This Contract shall terminate without penalty (I) at the end of
any fiscal year in the event that funds are not appropriated for the following fiscal year, or (ii) at
any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal
year and funds for this Contract are no longer available. This Section 1 6 shall control in the event
of a conflict with any other provision of this Contract.
1 8.Miscellaneous.
ao Bailee Disclaimer. The parties understand and agree that City does not purport to be
Contractor’s bailee, and City is, therefore, not responsible for any damage to the personal
property of Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such
approval or consent shall be in writing and shall be executed by a person having the
express authority to grant such approval or consent.
CITY OF PALO ALTO: Formal Contract for Hazardous Materials Page 5
Part II - CONTRACT SECTION 500
Co Controlling Law. The parties agree that this Contract shall be governed and construed by
and in accordance with the Laws of the State of California.
eo
f°
ho
Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and
Specifications (1992) of this Contract are incorporated herein by reference.
Force Majeure. Neither party shall be deemed to be in default on account of any delay or
failure to perform its obligations under this Contract which directly results from an Act of
God or an act of a superior governmental authority.
Headings. The paragraph headings are not a part of this Contract and shall have no effect
upon the construction or interpretation of any part of this Contract.
Incorporation of Documents. All documents constituting the Contract documents
described in Section 3 hereof and all documents which may, from time to time, be referred
to in any duly executed amendment hereto are by such reference incorporated in this
Contract and shall be deemed to be part of this Contract.
Integration. This Contract and any amendments hereto between the parties constitute the
entire agreement between the parties concerning the Project and Work, and there are no
other prior oral or written agreements between the parties that are not incorporated in this
Contract.
Modification of Agreement. This Contract shall not be modified or be binding upon the
parties, unless such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction,
reservation, term or other stipulation in the Contract shall define or otherwise control,
establish, or limit the performance required or permitted or to be required of or permitted
by either party. All provisions, whether covenants or conditions, shall be deemed to be
both covenants and conditions.
ko Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership
resolution or other writing, which authorizes any director, officer or other employee or
partner to act for or in behalf of Contractor or which authorizes Contractor to enter into
this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this
Contract is void or unenforceable, the provisions of this Contract not so affected shall
remain in full force and effect.
mo Status of Contractor. In the exercise of rights and obligations under this Contract,
Contractor acts as an independent contractor and not as an agent or employee of City.
Contractor shall not be entitled to any rights and benefits accorded or accruing to the City
Council members, officers or employees of City, and Contractor expressly waives any and
all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and
shall apply to and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Contract and each of its provisions.
CITY OF PALO ALTO: Formal Contract for Hazardous Materials Page 6
Part II - CONTRACT SECTION 500
In the calculation of time hereunder, the time in which an act is to be performed shall be
computed by excluding the first Day and including the last. If the time in which an act is
to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by
City, the time for performance shall be extended to the following Business Day.
Venue. In the event that suit is brought b,y either party hereunder, the parties agree that
trial of such action shall be vested exclusively in the state courts of California in the
County of Santa Clara in the City of San Jose or in the United States District Court for the
Northern District of California in the City of San Jose.
Recovery of costs. The prevailing party in any action brought to enforce the terms of this
Contract or arising out of this Contract may recover its reasonable costs, including
reasonable attorney’s fees, incurred or expended in connection with such action against
the non-prevailing party.
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract
in the City of Palo Alto, County of Santa Clara, State of California on the date fi st stated above.
ATTEST:PALO ALTO
/
By:
Its:
CO
~ctor of Public Works
Director &f Administrative ,Services
[~/Ogu rance Review)
APPROVED AS TO FORM:
Advanced Environmental Technical Services
Name: Donald A. Lees
Title: Executive Vice President,
Taxpayer I.D. No. 36-4016575
Western Region
Senior Assistant C~ty Attorney
CITY OF PALO ALTO: Formal Contract for Hazardous Materials Page 7
Part II - CONTRACT SECTION 500
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF (.~Z./FZ)/~A//i~)
COUNTY OF /z~L-/~m~/)/~)
On
in and for said County, personally appeared
, before me,, a notary public
, personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/th.ey executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature t~ J-.~~ (Seal,
END OF SECTION
,P ":; ~’OTAFW PUBLIC CAL -~l
CITY OF PALO ALTO: Formal Contract for Hazardous Materials Page 8
BOND NO. 158916040
PART II - PERFORMANCE BOND SECTION 610
City of Palo Alto
Contractor’s Performance Bond
ADVANCED ~IfLR0~-NTAL TECHNICALWHEREAS, the Oty Council of the City of Palo Alto, State of California ("City") and S]~RV-[CES, L,L.C.
("Principal") have entered into an agreement dated October 2[, 1997and identified as HAZ..AP, I)OUS ~4’ASTE [~[ANAb’-q~[ENT S~VIC~S
which is hereby referred to and made a part hereof whereby Principal ,agrees to install and complete cer~aln designated public
improvements: and
WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said
agreement.
CONTINENTAL CASUALTY
NOW, THEREFORE, Principal and COMPANY , as Surety, incorporated under the laws of the State of
Illinoi~s , and duly authorized to transact bus~e,ss as an admitted surety, under the Laws of the State
of California, are held and firmly bound unto City in the penal sum of ilq_i_rty-Five ThoLLsalq.d a_rtd 00/[00-- ..... Dollars
($ 35,000.00--"1, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the Principal, Principal’s heirs, executors, administrators, successors or assigns shall
promptly and fakhfully keep and perform the covenants, conditions and provisions of the above-mentloned agreement and any
alteration thereof, with or without notice to the Surety, and if Principal shall satisfy all claims and demands incurred under such
agreement and shall fully protect, indemnify, defend and hold h..armless City, its officers, agents, and employees from all claims,
demands or liabilitieswhich may arise by reason of Principal’s failure to do so, and shall reimburse and repay City all outlay and
expenses which City may incur in making good any default, then this obligation shall be null and void; otherwise, it shall remain
in full force and effect.
As part of the obligations secured hereto, and in addition to the face amount specified therefor, there shall be included costs and
reasonable expenses and fees, including reasonable attorney’s fees incurred by City in successfully enforcing such pbligations,
all to be taxed as costs and included in any judgment rendered, Surety shall be liable for any liquidated damages for which the
Principal may be liable under its agreement with the City, and such liquidated damages shall be part of the obligations secured
hereto, and in addition to the face amount spe’cified therefor,
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement
or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations
on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
agreement or to the work or to the sp.ecificatit~ns.
IN WITNESS WHEREOF, this instrument h.as been duly executed by the Principal and Surety above named on 28th
October ,19 97
PRINCIPAL, ADVANCED ENVIRO~ENTAL TEC~ICAL SERVICES, L.L.C.
Jeff/ ~-~E~ e r ~’~t ;"
Its Secretary
SURETY, CONTINENTAL CASUALTY CO)£PANY
(TyPe Company Name)
PHONE NUMBER: (3[2) 822-5000
BY: (~d
~Inda M. Mak~ah
Attorney-in-Fact
CITY OF PALOALTO: PERFORMANCE BOND IFB SECTION 610-1 of 2
Knew A~I Me~ By The~e Pre~ent~, Th~ CONTINENTAL CASUALTY COMPANY, ~n IEzn<~ c~:~-zt~m, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Cor~ect~cut c~, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Per~m
b%e City of Ch~:~:j~, and 8t:at~ of Illinc~, and that tf~y de by v~ of tf~ sk~ ~ ~ ~ ~ ~y ~, ~ ~ ~
~ R, Fr-a~k, ,DcY’,.ak::f S. Hau’~, ,K.ar~’~ E. ,B,:x:~t~, R~=:,e,c~ca R. A~v~0 ~ M. Mak, d~h, M~ M. Newrr4~, ArnI B.
of Oak 8n:~k,
-In Unlitrgb~ AmoJn~ -
In Wttn~sS Wh~re~’, tt~ C NA Suret~ ~ ha’~ caur:~ed tt’~s~ pre~nts t~ b~ skjn~l by ~ ~ ~ P~ and
thor COfl:X:X.-.~ .se, a~ t~ be h,~...~ af’C-~,:~d {w"~ th,i~ ~ d~yof Match 1996
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
~MERICAN CASUAL’P( COMPANY OF READING, PENNSYLVANIA
St:~t~ of I1~:~, ~ of C,<~K ~:
that h~ ~s a ~ V’~::~ ~ of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYL,VAN~ ~ ~n ~n4 wh~h e:~cut~d tt~ ~ in~ ~ I~
CERTIF~TE
I, Jot~ M. ~ , A.~ ~ of CONTINENTAL CA3UALTY CQMPI~NY, NAT1ONAL FlEE INSURANCE COMPANY OF
HARTFORD, ~ A, MER]C.,adN CASUALTY COMPANY OF READING, PE.NNSYLVANL~, ~ ~ ~ ’~t tt’~ P,:~,’,~" of Att~,rrw~ ~
CONT}NENTA.L CA.SLbkLTY COMPANY
NATIONAL FIRE INSUR.~.NCE C..,QMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSY1.-VANL&
(Rev 7/14,~J5)
PART II -PERFORMANCE BOND SECTION 610
Certificate of Acknowledgment
(Civil Code § 1189)
in and for said County, personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Geralyn Le Blanc
Comm. #1050180
~P,Y PUB JC CALIFORNIA~..CONTR.A COSTA COUNTY
C<)mm .Expires Jan 22. 1999
WITNESS my hand and official seal.
Notary Public for the State of California
APPROVED AS TO FORM:
City Attorney
End of Section
CITY.OFPALOALTO: PERFORMANCE BONDIFI3 SECTION 610-2 of 2
PART II -PERFORMANCE BOND SECTION 610
Certificate of Acknowledgment
(Civil Code § 1189)
STATE O’F CALIFORNIA
On ~)~roS~-r 2/, /~ ,~eforeme,"L~r~l~ L~6(o.,o ,anotarypublic
in and for said County, personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public for the State of California
APPROVED AS TO FORM:
City Attorney
, End of Section
CITY OF PALOALTO: PERFORMANCE BONDIFB SECTION 610-2 of 2
PRODUCER
Near North Ins Brokerage,
875 North Michigan Avenue
suites 18, 19, & 20
Chicago, IL 60611
CODE 003/96901 SUBCOOE
Inc.
INSURED
Advanced Environmental Technical
Services (AETS)
4227 Technology Dr.
Fremont, CA 94538
-’" " ISSUE DATE (M,M, DOMY~
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER¯ THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANY ALETrER
COMPANY g
LETFER
COMPANY CLETTER
COMPANY DLETTER
COMPANIES AFFORDING COVERAGE
Continental Casualty Comp_any ....
COMPANY ELETTER
THIS IS TQ CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBEDHEREINIS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
POLICY EXPIRAT ON¯POLICY EFFECTIVECOTYPE OF INSURANCE POLICY NUMBERLTR DATE (MMtOD/YY)DATE (MM/DD/YY)
GENERAL LIABILITY
A_~L COMMERCIAL GENERAL UABIUTY
~::!i!i "-----] CLAIMS MADE [~ OCCUR.
~IOWNER’S & CONTRACTOR’S PROT.
_,Y l PROD!COMP
x CONTRACTURAL
AUTOMOBILE LIABILITY
~_ ANY AUTOA
ALL OWNED AUTOS
SCHEDULED AUTOS
__~HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
GL161790505
OPERATIONS
BUAI61790472
5/15/97
5/15/97
5/15/oo!
5/15/oc
X MCS-90
A
EXCESS LIABILITY
OTHER THAN UMBRELLA FORM
OTHER
WC161790469 5/15/97
WORKER’S COMPENSATION
AND
EMPLOYERS’ LIABILITY
ALL LIMITS IN THOUSANDS
GENERAL AGGREGATE
PROQUCTS-COMP/OPS AGGREGATE
PERSONAL & ADVERTISING INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MEDICAL EXPENSE (Any one person)
COMBINEDSINGLE S
LIMIT 5 ! 0 0 0
BODILYINJURY $
(Per Person)
BODILYINJURY $(Per Acmden0
PROPERTY $DAMAGE
EACHif-’,-:: "" -" " OCCURRENCE
r,:"- . k S S
5/15/o s
s
5,00_Q_
5__~ 000
5,000
5,000~
-.:!:.:.. :~:.
AGGREGATE
(EACH ACCIOEND
(DISEASE-POLICY LIM,T~
(DISEASE-EACH EM~LC’ZEF’
DESCRIPTION OF OPERATIONS;LOCATIONS~EHICLES/RESTRICTIONS/SPEClAL ITEMS
~ii operations and the equipment of the insured.
%dditional Insured: See attached
CERTIFICATE HOLDER -,00172 .....’
city of Palo Alto
Attn: Chad Centola
3201 E. Bayshore Rd.
Palo Alto, CA 94303
ACORD 25-S (3/88)
.CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL~)DAYS WRI]q-EN HOTICE TO THE CEWFIFICATE HOLDER NAMED TO ThE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE I10 OBLIGATION C
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESENTATI .~E
CORD CORPORATION
CERTIFICATE HOLDER 172 INSURED:
City of Palo Alto
Attn: Chad Centola
3201 E. Bayshore Rd.
Palo Alto, CA 94303
Advanced Environmental Technical
Services (AETS)
4227 Technology Dr.
Fremont, CA 94538
CERTIFICATE MASTER NO 96901
The city of Palo Alto, its officers, agents and employees are
named as additional insureds on AETS’ CGL and Auto liability
policies of insurance as regards the work performed by AETS
under the agreement, RFP #99229.
PUBLIC WORKS DEPARTMENT
OISERATIONS DIVISION
CITY GENERATED HAZARDOUS WASTE MANAGEMENT SERVICES
INVITATION FOR BID (IFB) NUMBER 99229
PART III - SCOPE OF WORK
PART III -SCOPE OF WORK SECTION 01010
CITY OF PALO ALTO
HAZARDOUS WASTE AND
EMERGENCY RESPONSE SERVICES PROGRAM
1.GENERAL INFOR2~IATION
This Invitation For Bid (IFB) is seeking the services of a qualified and experienced firm for the
implementation of an on-going program to package, remove, transport, and dispose of hazardous
wastes generated by City of Palo Alto operations. This IFB also provides for hazardouswaste
emergency response services for incidents occurring within the jurisdictional borders of the City
of Palo Alto.
This IFB provides for a one (1) year contract with the option of extending the contract annually
for two (2) additional years subject to the terms thereof. The City.of Palo Alto reserves the right
to modify or cancel the contract in the City’s sole discretion at any time during the term. The City
shall negotiate the extensions of the contract with the Contractor on an annual basis. The extension
and continuation of this contract over the three (3) year period is subject to the City’s sole
discretion and the City’s continued allocation of funding for the program for each fiscal year
during the term hereof.
The City does not expressly or by implication agree that the actual amount of work shall
correspond therewith, but reserves the right to increase, decrease or modify the amount of any
class or portion of the work or to omit portions of the work as may be deemed necessary or
expedient by the City’s Program Manager. This contract will be awarded in the amount not to
exceed $35,000 annually. This amount represents the amount of funds .budgeted annually for the
City-generated hazardous waste management and is not indicative of the actual expenditures for
each year of the contract.
2.CONTRACTOR’S PROJECT COORDINATOR
The Contractor shall designate a Project Coordinator to act as a contact for the coordination and
execution of the Contractor’s activities. The Contractor’s Project Coordinator shall be authorized
to act on behalf of the Contractor in all matters pertaining to the contract and shall have sufficient
knowledge of all aspects of the Contractor’s business and the requirements of this contract.
3.CONTRACTOR AS TRANSPORTER, ARRANGER FOR DISPOSAL AND OWNER
OF WASTES
The Contractor shall be expressly designated by the Parties hereto as the transporter of, and the
arranger for the disposal of all wastes to be transported, managed and disposed of under this
contract.
Upon the Contractor’s acceptance of wastes identified for removal, transportation, management
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and disposal under this contract, the Contractor shall undertake title to, and ownership of,
including risk of loss and all otherincidents of ownership of such wastes unless the City of Palo
Alto Program Manager elects to retain title by so indicating in writing. In the event of a proper
rejection or revocation of acceptance by the Contractor for non-conformance of wastes or return
of wastes to the City of Palo Alto, title to and ownership of subject wastes will revert back to the
City of Palo Alto.
4.DOCUMENTATION, CERTIFICATION AND RECORD REQUIREMENTS
Work under this contract shall include providing all appropriate documentation, certifications and
records for the transportation, management and disposal of hazardous wastes as required by the
City of Palo Alto Program Manager and all applicable federal, state and local laws and
regulations, including, but not limited to:
bills of lading or non-hazardous waste manifests
hazardous waste manifests and continuation sheets
labpack inventory sheets
land disposal restriction notifications
hazardous waste profiles
certificates of destruction, decontamination, disposal and/or recycling
Appropriate copies of bills of lading, non-hazardous waste manifests, open originals of all uniform
hazardous waste manifests and continuation sheets and any referenced attachments (waste profile
sheets, labpack inventory sheets, oetc), land disposal restriction notifications and any other
documents required by the City of Palo Alto Program Manager shall be furnished to the City of
Palo Alto Program Manager at the time of waste shipment.
Closed originals of all uniform hazardous waste manifests signed by a duly authorized
representative of the receiving Treatment/Storage/Di~posal Facility (TSDF) shall be furnished to
the City of Palo Alto Program Manager within thirty (30) calendar days of waste shipment.
Certificates of destruction, decontamination, disposal and/or recycling signed by a duly authorized
representative of the receiving TSDF shall be furnished by the Contractor to the City of Palo Alto
Program Manager for all wastes to be managed under this contract within one hundred and eighty
(180) calendar days of waste shipment.
The Contractor shall, at all times during the transportation, storage and disposal of wastes to be
managed under this contract, know the location, condition and status of each item being managed.
The Contractor shall make such information available in written progress reports to the City of
Palo Alto Program Manager upon request. The progress reports shall include a listing of items
removed, referenced by an appropriate identification number and uniform hazardous waste
manifest number and a description of the location and status of wastes on date of the written
progress report
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PART III -SCOPE OF WORK SECTION 01010
5.SERVICES TO BE PROVIDED
Work under this contract shall include providing all materials, labor, tools, and equipment for
identification, profiling, packaging, labeling, mar’king, placarding, manifesting, removal,
transportation, temporary storage, and final disposal of all collected hazardous hazardous wastes
identified for disposal under this contract. All work, materials, and services provided shall be
undertaken in accordance with applicable federal, state, and local laws and regulations.
Scheduled hazardous waste removal services shall consist of pre-arranged shipments of wastes to
be removed by the Contractor for management and disposal within 14 calendar days of notification
by the City of Palo Alto, and are scheduled on an as-needed basis. The majority of wastes
generated by City operations are accumulated at the Palo Alto Municipal Service Center located
at 3201 E. Bayshore Road in Palo Alto. Additional sites may be included on an as-needed basis.
Scheduled hazardous waste removal services will be initiated by’the City of Palo Alto Program
Manager through the submittal of a Notification of Waste Removal to the Contractor. The
Notification of Waste Removal will consist of a list including the locations and EPA generator
identificationnumbers of sites, a description of each item, number of containers or items, waste
management method to be used, and unique identification numbers for certain items or containers.
Other notification procedures such as pick-up request forms furnished by the Contractor will be
subject to City of Palo Alto review and approval if considered for use.
Typica! services shall include but not be limited to the following:
A. Mobilization and Packaging
The Contractor shall mobilize appropriately qualified personnel and equipment to the site as
needed for each scheduled hazardous waste removal service. This task shall include providing
all staff, materials, tools and equipment necessary for the handling, packaging, and
transportation of waste. Typical tasks may include labpacking, loose packing and bulking of
wastes, pumping of Polychlorinated Biphenyl (PCB) and PCB-contaminated oils from electric
distribution equipment into appropriate containers (copies of laboratory reports for PCB
analyses of electric equipment will be furnished), vacuum tanker services for pumping of
storage tanks, etc. An area at the Municipal Service Center will be provided for staging and
packaging operations. All packaging, manifesting, labeling, marking and placarding shall be
in full accordance with all applicable federal, state andlocal laws and regulations. The
Contractor shall provide documentation supporting the qualification of those assigned to this
program upon request by the City of Palo Alto Program Manager.
Any items packaged, labeled, marked and/or manifested by the City of Palo Alto which are
to be managed under this contract shall be inspected by the Contractor prior to acceptance to
confirm that any such packaging, labeling, marking and manifesting is satisfactory and in
accordance with all applicable federal, state and local laws and regulations. The Contractor
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PART III -SCOPE OF WORK SECTION 01010
may, at its discretion and subject to the City of Palo Alto Program Manager approval,
repackage, relabel, re-mark and/or remanifest any or all of the items packaged, labeled,
marked and/or manifested by the City of Palo Alto. The Contractor shall have the right, at its
own expense, to inspect, sample, analyze and test any tendered waste before accepting such
waste. The Contractor shall provide a copy of the results of each inspection, sample, and
analysis performed to the City of Palo Alto Program Manager.
The following list describes some of the more routine waste streams generated by the City of
Palo Alto that are identified on the bid schedule accompanying this IFB:
Item 1 PCB and PCB Contaminated Transfon-ner Oil: Transformer oil with a .PCB
concentration greater than 5 ppm. The City will furnish analytical results for each item
or container. Estimated generation rate is three 55-gallon drums every 90 days.
Item 2 Contaminated Debris, Soil and/or Absorbents: Debrig (leaves, litter, PPE, etc.), soil
and absorbents (rice hull ash, absorbent clays, pads and dikes, etc.) contaminated with
gasoline, diesel fuel, hydraulic oil, antifreeze and other wastes from cleanup operations
from incidents such as vehicle accidents or minor spills. The City wilt package this
waste for shipment. Estimated generation rate is two 55-gallon drums every 90 days.
Item 3 Diesel Fuel and Asphalt Emulsion: Waste diesel fuel mixed with asphalt emulsion
generated from asphalt paving equipment cleaning operations. The City will package
this waste for shipment. Estimated generation rate is three 55-gallon drums every 90
days. ,
Item 4 Light Ballasts: Suspected PCB contaminated fluorescent and traffic light ballasts
generated by facility maintenance operations. Estimated ’generation rate is one 55-
gallon drums every 180 days.
Item5 Chemica! Oxygen Demand (COD) Vials: COD analysis vials generated by monitoring
and testing activities at the City’s wastewater treatment plant. The glass vials
(approximate dimensions: 1.5 cm x 10 cm) contain 3 ml of a mixture of 85 % sulfuric
acid and 1% mercuric sulfate and 2 ml wastewater. Estimated generation rate is one
20 gallon lab pack every 180 days.
Item 6 Empty. 55-Gallon Drums and Other Contaminated Containers: Containers generated
by various City operations and Contractor bulking of City-generated wastes.
Item 7 Non-routine Wastes: City operations generate many non-routine wastes such as
reproduction fluids, miscellaneous laboratory chemicals, outdated fertilizers and
pesticides, etc. The City will provide information such as Material Safety Data Sheets
or other information, if available, to aid in identification and management of these
wastes. The Contractor shall package this waste.
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PART III -SCOPE OF WORK SECTION 01010
B. Waste Transportation
The Contractor shall provide hazardous waste transportation services for the shipment of
wastes to be managed under this contract from City of Palo Alto facilities to approved TSDFs.
If requested, the City of Palo Alto will provide appropriate equipment (forklift, crane, hoist,
etc.) and operators for the loading of wastes onto the Contractor’s vehicle(s). All Contractor’s
vehicles will be loaded under the direction of the Contractor’s vehicle operator.
The Contractor shall select, in its sole judgement, appropriate vehicles, materials, tools and
equipment necessary for the transportation of wastes to be managed under this Contract.
Vehicles used for the transportation of wastes to be managed under this Contract shall be
equipped with emergency spill clean-up equipment. All vehicles used for the transportation
of wastes to be managed under this Contract shall be operated, inspected, licensed and
maintained in full compliance with applicable federal, state and. local laws and regulations. The
Contractor’s vehicle operator shall, at the request of the City of Palo Alto, make a copy of the
daily pre-operative inspection report for the vehicle available for review. At the City of Palo
Alto’s discretion, the City may conduct an inspection of the Contractor’s vehicle. The City
of Palo Alto reserves the right to reject Contractor vehicles that fail pre-operative inspections
or inspections conducted by City of Palo Alto personnel at no charge to the City.
All Contractor vehicle and equipment operators shall be fully trained as to the proper
procedures and precautions to be followed in the handling, loading and transportation of
wastes to be managed under this contract. Contractor vehicle and equipment operators shall
be fully trained and licensed in accordance with all applicable federal, state and local laws and
regulations.
C. Hazardous Waste Storage and Disposal
The Contractor shall store and dispose of all wastes to be managed under this contract at
TSDFs that are expressly approved for use by the City of Palo Alto and are fully licensed and
permitted for the waste streams to be managed and treatment processes utilized. The
Contractor shall only utilize waste management methods for hazardous wastes to be managed
under this contract that are expressly approved for use by the City of Palo Alto Program
Manager. All waste treatment, storage and disposal activities shall be performed in accordance
with all applicable federal, state and local laws and regulations. Any changes in the status of
any and all licenses and permits for TSDFs authorized by the City of Palo Alto Program
Manager for wastes to be managed under this contract including, but not limited to,
revocation, suspension, failure to renew or expiration of any licenses or permits shall be
immediately conveyed by telephone and in writing by the Contractor to the City of Palo Alto
Program Manager.
All hazardous wastes to be managed under this contract shall be stored by the Contractor out
of the weather in an enclosed building or storage unit (enclosed van, storage container, etc.)
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with appropriate containment facilities to ensure that no contamination of the property of the
facility or adjoining property will occur.
It is the City’s preference to manage as many hazardous waste streams as possible through
non-landfill management technologies as is feasible such as hazardous waste recycling
processes, fuel blending, incineration, treatment, etc. With the exception of items expressly
approved by the City of Palo Alto Program Manager for landfill disposal and incinerator ash
from approved hazardous waste incineration, landfill disposal of any waste, component part
or residual by-product from any management process or treatment process, is expressly
prohibited. With the exception of wastes to be managed through approved recycling processes
or fuel blend incineration, the Contractor shall not, and shall not permit any other person or
organization to use, distribute or sell any wastes to be managed under this contract, or aWcomponents or residues thereof.
D. 24-Hour Emergency Response Services
In the event of a hazardous materials or waste incident (abandoned wastes, spills, leaks, etc.)
that requires services beyond those the City is capable of providing internally, the Contractor
will be listed as the primary support for hazardous waste emergency response services. The
Contractor shall furnish 24-hour emergency contact telephone numbers and notification
procedures for requesting emergency response services. NOTE: The 24-hour emergency
contact telephone numbers provided shall provide direct contact to duly authorized Contractor
representatives. Pager, answering machine or answeringservice telephone numbers will not
be considered as acceptable.
Upon notificationby the City of Palo Alto Project Manager or designee, the Contractor shall
mobilize appropriate personnel, materials and equipment for response to incidents to provide
emergency support services including, but not limited to, hazcat identification of wastes,
containment, clean-up, decontamination, furnishing of materials and/or equipment, waste
transportation and disPosal, etc. Typica! tasks may include furnishing of vacuum tanker
services for pumping of underground utility vaults (may include PCB or PCB contaminated
wastes) and tanks, furnishing personnel, materials and/or equipment for spill cleanup and/or
waste containment, packaging, transportation, etc.
6. SPILL PREVENTION AND CLEAN-UP
The Contractor shall use appropriate methods, equipment andpractices required by all federal,
state "and local laws and regulations as well as industry recommended and approved methods,
equipment and practices to ensure that no discharges, releases, spills or leakage occurs during the
packaging, loading, transportation, storage and disposal of wastes to be managed under this
contract.
In the event of a discharge, release, spill or leakage of hazardous wastes during packaging,
loading, transportation, storage or disposal of wastes to be managed under this contract, the
CITY OF PALO ALTO: SCOPE OF WORK OR SERVICES - IFB 99229 SECTION 01010
PART III -SCOPE OF WORK SECTION 01010
Contractor shall take appropriate and immediate action to protect human health and the
environment. The Contractor shall, at no expense to the City of Palo Alto, be fully responsible
for, and take appropriate and immediate action to remediate and clean-up any such discharge,
release, spill or leakage in accordance with all applicable federal, state and local laws and
regulations. ,
The City of Palo Alto will direct actions taken should any discharge, release, spill or leakage of
hazardous wastes occur during packaging, loading and/or transportation activities on City of Palo
Alto property. The Contractor shall compensate the City of Palo Alto for any costs incurred for
response to any discharge, release, spill or leakage of hazardous wastes occurring on City of Palo
Alto property during loading, packaging and/or transportation activities caused by Contractor
negligence.
The Contractor shall immediately notify the City of Palo Alto Program Manager by telephone
should any accident or incident occur which results in any discharge, release, spill or leakage
which involves any wastes to be managed under this contract. The Contractor shall make all
notifications and reporting to the appropriate regulatory or emergency response agencies as
required under federal, state and local laws and regulations in the event of a discharge, release,
spill or leakage of hazardous wastes during transportation, storage or disposal of wastes to be
managed under this contract.
If requested by the City of Palo Alto, the Contractor shall furnish the City of Palo Alto Program
Manager with a detailed written report describin.g any discharge, release, spill or leakage of
hazardous wastes during transportation, storage or disposal of wastes to be managed under this
contract that required notificatiorI to the City of Palo Alto or any federal, state and local
regulatory or emergency response agency.
7. NON-CONFORMITY OF WASTE
The Contractor shall have the right to reject any waste to be managed under this contract that does
not materially conform to the Notification of Waste Removal provided by the City of Palo Alto.
In rejecting any waste, the Contractor shall notify the City of Palo Alto Program Manager of the
reason(s) for the non-conformity. The rejection of any item to be managed under this contract
shall not affect the acceptance by the Contractor of any other item to be managed under this
contract.
If the Contractor accepts a waste item but determines within thirty (30) calendar days thereafter
that the waste is non-conforming, the Contractor shall notify the City of Palo Alto Program
Manager by telephone and, if required by the City of Palo Alto Program Manager, in writing of
such non-conformity. If the City of Palo Alto is unable to verify or correct the non-conformity,
the Contractor and the City of Palo Alto shall, in good faith, attempt to correct the non-conformity
and provide for the appropriate management of the waste. In the event the Contractor and the City
of Palo Alto are unable to agree on an appropriate resolution of the non-conformity, or the
Contractor is prohibited by law or TSDF permit from managing the non-conforming waste, the
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PART III -SCOPE OF WORK SECTION 01010
Contractor may revoke acceptance of such non-conforming waste. In the event of revocation of
acceptance due to waste non-conformity, the City of Palo Alto will pay, as applicable, the cost
of transporting to the Contractor’s TSDF, the cost of return transporting from the Contractor’s
TSDF to the City of Palo Alto’s facility and other reasonable charges incurred by the Contractor
with the City of Palo Alto Program Manager’s writtqn approval.
In the event the Contractor gives the City of Palo Alto Program Manager notice of any non-
conformity, the City of Palo Alto may notify the Contractor of the City of Palo Alto’s intent to
verify the alleged non-conformity or to correct any correctable non-conformity. The Contractor
shall cooperate with and assist the City of Palo Alto, at the City of Palo Alto’s expense, to make
such verification and correction, including conducting additional inspections, taking and analyzing
additional samples as requested by the City of Palo Alto, and making the non-conforming waste
available to the City of Palo Alto.
In the event the Contractor and the City of Palo Alto agree, or additional information indicates
that the waste material in not non-conforming for the reasons specified in the Contractor’s notice
of non-conformity, the Contractor’s notice of non-conformity shall be deemed null and void and
the Contractor shall reimburse the City of Palo Alto for all costs incurred in the verification
process.
8.MEASUREMENT AND PAYMENT
Services rendered under this contract shall be measured and paid for in accordance with the
following schedule:
No Mobilization and Packaging
Mobilization and Packaging will be compensated for on a time and materials basis in
accordance with the Contractor’s standard schedule of fees to be furnished with the
Contractor’s response to this IFB. Billable categories under mobilization and packaging shall
include personnel hourly charges, daily vehicle charges (exclusive of waste transportation),
daily equipment charges (personal protective equipment, pumps, etc.), and packaging material’
supply charges (containers, absorbents, labels, etc.) for identification, bulking, loose-packing,
and labpacking.
No Hazardous Waste Transportation
Hazardous waste transportation will be compensated for on a lump sum rate per scheduled
hazardous waste removal service based on full load or less than load quantities in accordance
with the Contractor’s standard schedule of fees to be furnished with the Contractor’s response
to this IFB.
Hazardous Waste Disposal
Hazardous waste disposal for routine waste streams (as identified in Section 5A, items 1
through 7 of this IFB) will be compensated for at the unit prices bid in response to this IFB.
Hazardous waste disposal for non-routine waste streams (Section 5A, item 8 of this RFP) will
CITY OF PALO ALTO: SCOPE OF WORK OR SERVICES - IFB 99229 SECTION 01010
PART III -SCOPE OF WORK SECTION 01010
be compensated for in accordance with the Contractor’s standard schedule of fees to be
furnished with the Contractor’s response to this IFB.
D. 24-hour Emergency Response Services
Emergency response services will be compensa!ed for on a time and materials basis in
accordance with the Contractor’s standard schedule of fees to be furnished with the
Contractor’s response to this IFB.
9. CONTRACTOR SELECTION CRITERIA
Contractor selection will, in part, be based on the following criteria:
1.Fees relative to the services provided.
2.Experience and capabilities in hazardous waste emergency response services.
3.Experience and capabilities in providing hazardous waste management services.
4.Record of violations related to hazardous waste handling.
5.Completeness and detail of the submitted Bid.
6.Results of reference verifications
10.PROPOSAL SUBMITTAL REQUIREMENTS
Proposers shall at a minimum include the following in their Proposal packages (original and two
copies of each):
1. Complete Proposer’s bid schedule and other required bid forms.
2.Proposer’s standard schedule of fees (for mobilization and packaging, non-routine waste
management and emergency response services).
3. A description of the Proposer’s experience and capability in this type of work including:
a. Resumes of key personnel and staff to be assigned to this project;
b. Proposed organization chart of key personnel and staff to be assigned to this project;
c.A list of references of at least five completed projects of a similar nature including
client names, contact persons, telephone numbers and project descriptions; and
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PART III -SCOPE OF WORK SECTION 01010
A list of references of at least five clients where emergency response services have
been contracted for and utilized within the past two (2) years including client names,
contact persons and telephone numbers.
4.A description of the Proposer’s arrangements for transportation of hazardous wastes to be
managed under this project including: ’
A copy of the State of California DTSC Certificate of Registration as a hazardous
waste transporter for Proposer (if Proposer provides transportation) and for any
subcontracted transporters to be utilized;
b:A list of transporter hazardous waste hauler registrations for other states through which
hazardous wastes to be managed under this project may be transported.
Detailed and specific information on Proposer’s capabilities for emergency response
services including emergency response capabilities and experience, location(s) of
emergency response groups and equipment, anticipated and guaranteed response times for
technical personnel and equipment, a listing of locally available emergency response
equipment, organization of emergency response groups, notification and response
implementation procedures , etc. This information will be used as a basis for assessing the
proposer’s ability to provide timely and comprehensive emergency response services.
A Waste Management Plan describing the TSDFs to be utilized to manage routine wastes
to be managed under this contract including the facility name, address, telephone number,
EPA ID number, specific ’waste streams to be managed at each TSDF listed, and a
description of the waste management processes to be utilized. If available, a copy of the
TSDF’s Acknowledgment of Notification of Hazardous Waste Activity shall be included.
A detailed description of auditing procedures used by the Proposer for selecting TSDFs
and a brief discussion of audit results for each TSDF proposed for utilization under this
contract shall be included in the Proposal. The City may request more detailed TSDF audit
information at a later date.
A discussion of the regulatory compliance record of the Proposer, TSDFs to be utilized
and any subcontractors (transporters, etc) including a description of aw accidents or
violations issued to the Proposer, TSDFs and transporters by the Federal Environmental
Protection Agency, Department of Transportatio.n, Department of Toxic Substances
Control, local regulatory agencies and California Highway Patrol during the past year
from the date of proposal submittal.
END OF SECTION
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