Loading...
HomeMy WebLinkAbout1996-06-17 City Council (55)TO: BUDGET 1996-98 of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL 6 FROM: AGENDA DATE: CITY MANAGER June 17, 1996 DEPARTMENT: Public Works CMR:308:96 SUBJECT:Approval of Contract with Greenfield Services Corporation for Household and Conditionally Exempt Small Quantity Generator Hazardous Waste Management Program Services. REQUEST Staff requests that Council approve and authorize the Mayor to execute the attached one year contract, with options for two additional years, with Greenfield Services Corporation in the amount of $420,000 per year to provide household hazardous waste (HHW) collection and management services. The agreement also provides for the collection and management of conditionally exempt small quantity generator (CESQG) hazardous waste, to qualifying businesses located in the Palo Alto Regional Water Quality Control Plant (PARWQCP) service area, at no cost to the City or the PARWQCP partners. Funds for the first year of the contract are included in the FY 1996-97 proposed budget. Years two and three funding are contingent upon Council approval of the budget for each subsequent year. RECOMMENDATIONS Staff recommends that, Council: Approve and authorize the Mayor to execute the attached one year contract, with options for two additional years, with Greenfield Services Corporation in the amount of $420,000 per year to provide services for the Household and Conditionally Exempt Small Quantity Generator Hazardous Waste Management Programs. Authorize the City Manager or her designee to negotiate and execute the options for the second and third years at her discretion, in the amount of $420,000 per year, and execute any other documents necessary to implement the second and third years of the contract. The funding will be subject to future City Council budget approval. POLICY IMPLICATIONS The approval of this contract is consistent with existing policies. CMR:308:96 Page 1 of 3 EXECUTIVE SUMMARY Project Description The work to be performed under the contract provides monthly HHW management services, which include mobilizing appropriate equipment and personnel to operate the monthly one- day collection events and for providing hazardous waste packaging, transportation and disposal services. The work to be performed also includes the operation of a hazardous waste collection program for businesses in the PARWQCP service area that qualify as CESQGs under state and federal hazardous waste regulations (generate less than 220 pounds of hazardous waste per month). This service will be provided at no cost to the City and PARWQCP partners, as cost for the service is recovered through charges assessed by the contractor to participating businesses. Selection Process Staff sent a request for proposals to eight firms on February 28, 1996, and six additional firms requested copies of the request for proposals after that date. The proposal period was fifty -six days to allow ample time for preparation of proposals. Proposals were received from five firms on April 23, 1996. Proposal costs, based on HHW event waste collection data for 1995, ranged from $22,810.00 to $28,622.50 for an average monthly collection event. Those firms not responding indicated that they did not submit a proposal because they did not provide the type of services being sought, felt they could not be competitive, or could not meet the bonding requirement. Two firms submitted proposals under corporate subsidiary names that had received the proposal. Of the firms that did submit proposals, one was eliminated due to unit prices being substantially higher than the balance of the other firms, and one was disqualified due to the limited experience and ability to provide all the services being sought. A selection committee consisting of staff from the Public Works Operations Division reviewed proposals. The committee carefully reviewed each firm’s proposal relative to the following criteria: evaluation of company and staff experience and qualifications; verification of client references for experience and performance of HHW and CESQG programs; examination of each firm’s regulatory compliance record; detailed review of operation and health and safety plans, as part of the assessment of each proposer’s ability to safely operate HHW and CESQG collection events; and as a final step, strength of the proposal presentation and interview. Greenfield Services Corporation was selected based on the firm’s experience, ability to meet the criteria established in the RFP, and the cost effectiveness Of proposed fees relative to the services provided. An additional item, unique to Greenfield Service Corporation’s proposal, is to implement a number of efforts to enhance and increase the participation rate for the CESQG program. CMR:308:96 Page 2 of 3 FISCAL IMPACT Funds for this project are included in the FY1996-97 Refuse Fund budget. ENVIRONMENTAL ASSESSMENT The HHW program was addressed in the negative declaration for the Source Reduction and Recycling Element and Household Hazardous Waste Element approved by Council on June 6, 1991 (Neg. Dec. No. 91-EIA-12). The CESQG program was addressed in the negative declaration for the implementation of the program approved by Council on June 24, 1993 (Neg. Dec. No. 93-EIA-22). ATTACHMENTS Attachment A:Contract PREPARED BY: Chad Centola, Manager, Environmental Control Programs DEPARTMENT HEAD REVIEW: GLENN S. ROBERTS CITY MANAGER APPROVAL: Manager CMR:308:96 Page 3 of 3 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND GREENFIELD SERVICES CORPORATION FOR OPERATION OF A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM AND A CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR HAZARDOUS WASTE COLLECTION PROGRAM THIS AGREEMENT is made and entered into this day of , 1996, by and between the CITY OF PAL0 ALTO, a municipal corporation of California, hereinafter referred to as "CITY," and GREENFIELD SERVICES CORPORATION (Taxpaye~ Identification Number 33-0455076), a California corporation, with offices at 750 Design Court, Suite 150, Chula Vista, CA 91911, hereinafter referred to as "CONTRACTOR"; W I T N E S S E T H: WHEREAS, CITY desires to allow both a household hazardous waste collection program (hereinafter, the "HHW Program") and a conditionally exempt small quantity generator hazardous waste collection program (hereinafter, the "CESQG Program") to be operated to help limit the inappropriate-disposal of hazardous wastes at CITY’s landfill and through CITY’s sanitary sewer and storm sewer systems, thereby helping CITY achieve its regulatory mandates for limiting discharges to the landfill and such systems; and WHEREAS, CITY desires to engage CONTRACTOR to provide, implement, administer, operate and be responsible for the Programs by reason of CONTRACTOR’s qualifications and experience for performing such services; and WHEREAS, CONTRACTOR has offered to provide the collection Programs on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of covenadts, the parties hereto agree as follows: their mutual SECTION 1 - DEFINITIONS i.I CITY The term "CITY" as used in this Agreement shall mean and include all the territory lying within the municipal boundaries of the City of Palo Alto, California, as presently existing, plus all territory which may be added thereto during the term of this Agreement by annexation or otherwise. 960603 syn 0070979 1 1.2 City Manager The term "City Manager" shall mean the duly appointed City Manager of the City of Palo Alto, California, or her designated representative. 1o3 City Clerk The term "City Clerk" shall mean the duly appointed City Clerk of the City of Palo Alto,. California, or her designated representative. 1.4 Risk Manager The term "Risk Manager" shall mean the duly appointed Risk Manager of the City of Palo Alto, California, or his designated representative° 1.5 Program The term "Programs" means both the HHW Program and the CESQG Program as described in Exhibit "A" entitled "Scope of Services," attached hereto and made a part hereof by this reference. SECTION 2 PROGRAM COORDINATION 2.1 CITY The City Manager shall be representative of CITY for all purposes under this Agreement. CHAD CENTOLA is designated as the PROGRAM MANAGER for the City Manager, and he shall supervise the progress and execution of this Agreement, and shall be assisted-by SEAN KENNEDY, the ASSISTANT PROGRAM MANAGER. 2.2 CONTRACTOR CONTRACTOR shall assign a single PROGRAM DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. TIA GOTTAS-HAMMAN hereby is designated as the PROGRAM DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROGRAM DIRECTOR for any reason, the PROGRAM DIRECTOR designee shall be subject to the prior approval of the PROGRAM MANAGER. SECTION 3 DUTIES OF CONTRACTOR 3°i Services to be Furnished CONTRACTOR shall perform the services set forth in Exhibit A, which includes providing, implementing, administering, operating and being solely responsible for the Programs as described in Exhibit Ao 960603 syn 0070979 2 3.2 Laws to be Observed With respect to the laws to be observed in connection with this Agreement, CONTRACTOR shall fully comply with all of the requirements set forth in Exhibit A. CONTRACTOR. shall further: 3.2.1 Prepare and maintain all necessary pl~ns, licenses, or other mandatory documents required by regulatory agencies under federal, state and local laws, ordinances, or regulations for the implementation and operation of the Programs which may be necessary and incident to the due and lawful prosecu- tion of the services to be performed and the Programs to be provided by CONTRACTOR under this Agreement; 3.2.2 Keep itself fully informed of all existin~ and future federal, state, and local laws, ordinances, regulations, orders and decrees, including but not limited to California Health and Safety Code ("HSC") Section 25218.1 and its accompanying regulations, as amended, which may affect those engaged or employed under this Agreement or the Programs, any materials used in CONTRACTOR’s performance under this Agreement, or the performance of the services under this Agreement and under the Programs; 3.2.3 At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws, ordinances, regulations, orders and decrees mentioned above; and 3.2.4 Immediately report to the PROGP~AM MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to the Programs or any provisions of this Agreement. 3.3 Release of Reports and Information Any reports, information, data or other material given to, or prepared or assembled by, CONTRACTOR or its subcontractors, if any, under this Agreement for CITY shall be the property of CITY and shall not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. 3.4 Copies of Reports and Information If CITY requests additional copies of~ any reports, drawings, specifications or any other material which CONTRACTOR is required to furnish to CITY in limited quantities as part of the services under this Agreement, CONTRACTOR shall provide such additional copies as are requested and CITY shall compensate CONTRACTOR for the costs of duplicating of such copies at CONTRACTOR’s cost° 960603 syn 0070979 3 3.5 Monthly Event Summary Reports CONTRACTOR shall provide CITY with one (i) copy of each HHW Program Event Summary Report required under Section B(2) (e) (5) of Exhibit A hereof, and one (i) copy of each CESQG Program Monthly Event Summary Report required under Section C(8) of Exhibit A. CONTRACTOR shall provide each required report to CITY within two (2) weeks after each Program collection event° 3.6 0ualifications of CONTRACTOR CONTRACTOR represents that it is qualified to furnish the services described under this Agreement. As evidence thereof, CONTRACTOR warrants that it is appropriately licensed by the State of California as may be required by law in order to perform its services under Exhibit A hereof. SECTION 4 - COMPENSATION 4.1 Compensation for HHW Program For the full performance of CONTRACTOR’s services rendered hereunder in connection with the HHW Program, CITY shall pay CONTRACTOR a total sum not to exceed Four Hundred Twenty Thousand Dollars ($420,000) for the first year of the term of this Agreement. Such sum shall be payable to CONTRACTOR in accordance with the attached Fee Schedule, marked Exhibit "B" and incorporated herein by this reference. Progress payments shall be made on a monthly basis to CONTRACTOR, within thirty (30) days of CONTRACTOR’s submission to CITY of itemized~billings in triplicate in accordance with Exhibit B, for services rendered in connection with each HHW Program event° 4.2 Compensation for CESQG Program CITY has no obligation to compensate CONTRACTOR for any of CONTRACTOR’s services rendered hereunder in connection with the CESQG Program.. In lieu thereof, CONTRACTOR shall be entitled to charge a fee based upon the cost of operating the CESQG Program. CONTRACTOR shall collect such fees solely and directly from the participants in the CESQG Program (hereinafter, the "Participants"), in compliance with HSC Section 25218.1, as amende~. The Participants shall be businesses located within the service area of the Palo Alto Regional Water Quality Control Plant ("PARWQCP")that meet the definition of a "conditionally exempt small quantity generator" under HSC Section 25218.1(a), as amended. The service area of the PARWQCP shall mean the entire jurisdictions of the cities of Palo Alto, East Palo Alto, Los Altos and Mountain View, the town of Los Altos Hills and Stanford. Regardless of whether CONTRACTOR fully recovers its costs incurred in providing the CESQG Program from the Participants, CITY shall not be responsible or liable for any fee payment or compensation to CONTRACTOR in connection with the CESQG Program, nor any CESQG Program costs, except as may be provided expressly herein. 960603 syn 0070979 SECTION 5 -DUTIES OF CITY below: CITY shall provide all specified services as set forth 5.1 CITY shall provide designated space at the PARWQCP (the "Site"), for CONTRACTOR’s operation of the Programs under this Agreement. CITY hereby grants CONTRACTOR a license to operate the Programs from the Site as set forth in Exhibit A hereof. 5.2 CITY shall provide traffic control equipment for the Program collection Events, which shall include traffic cones and signs. 5.3 With respect to the HHW Program, CITY shall further provide: ’ 5.3.1) the HHW Program advertising, in CITY’s sole discretion; 5.3.2) survey forms; 5.3.3) the literature for survey takers to distribute to Event participants; and 5~.3.4) the debris boxes for disposal of nonhazardous wastes and for corrugated cardboard. 5.4 With respect to the CESQG Program, CITY shall further provide CESQG Program advertising, in CITY’s sole discretion, through local newspapers, directed mailings and utility bills. CONTRACTOR may also provide advertising for the CESQG Program. At CITY’s sole option, CITY may coordinate with CONTRACTOR to facilitate effective CESQG Program publicity. SECTION 6 - TERM This Agreement shall commence on July i, 1996, and shall continue in full force and effect until June 30, 1997, unless it is sooner terminated as provided herein. Notwithstanding the foregoing, the parties hereto agree that this Agreement may be annually renewed for up to an additional two (2) years either on the same terms and conditions or under modified terms and conditions as mutually agreed upon by CITY and CONTRACTOR. Such renewals shall be subject to the City Council’s continued annual appropriation of sufficient funding for the Agreement in each subsequent year. CITY and CONTRACTOR shall negotiate with each other concerning the potential annual renewal of this Agreement within ninety (90) days of the expiration of the Agreement’s then curren~ term. SECTION 7 -TEMPORARY SUSPENSION The City Manager shall have the authority in her discretion, with or without cause, to immediately suspend this Agreement, wholly or in part, for such period as he or she deems necessary. 960603 syn 0070979 5 SECTION 8 TERMINATION OF AGREEMENT 8.1 CITY’s Riqht to Terminate Notwithstanding any other provision in this Agreement, the City Manager may terminate this Agreement in his or her discretion, with or without cause, by giving fifteen (15) days’ written notice thereof to CONTRACTOR. Upon receipt of such notice, CONTRACTOR shall immediately discontinue its performance under this Agreement. 8.2 CONTRACTOR’s Right to Terminate CONTRACTOR may terminate this Agreement by giving thirty (30) days’ written notice thereof to CITY, but only in the event of substantial failure of performance by CITY under this Agreement. SECTION 9 ASSIGNMENT;~ SUBCONTRACTORS; EMPLOYEES 9.1 Assignment Both parties shall give their personal attention to the faithful performance of this Agreement and shall not assign, transfer, convey, or otherwise dispose of this Agreement or any right, title or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignments. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this Agreement and any license or privilege granted herein. This Agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. 9.2 Contractors It is agreed that this Agreement is for the personal services of CONTRACTOR and cannot be performed by any other person or organization. 9.3 Subcontractors; Employees CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR hereunder. All subcontractors are deemed to be under the direct and sole supervision of CONTRACTOR, and CONTRACTOR agrees to be solely responsible for their performance and full compensation. CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he shall 960603 syn 0070979 be discharged immediately from the work under this Agreement on reasonable demand of the PROGRAM MANAGER. SECTION i0 - NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk 250 Hamilton Avenue Palo Alto, CA 94303 With a copy to:Public Works Department Attn: Deputy Director of Public Works 3201 East Bayshore Road Palo Alto, CA 94303 To CONTRACTOR: Attention of the PROGRTkM DIRECTOR at the address of CONTRACTOR recited above SECTION ii -INTEREST OF CONTRACTOR In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. It is expressly agreed that in the performance of the services and the Programs required under this Agreement CONTRACTOR, and any of its subcontractors or employees, shall at all times be considered independent contractors and not agents or employees of CITY. SECTION 12 INDEMNITY 12.1 CONTRACTOR’s Obligation to Indemnify CITY CONTRACTOR agrees to protect, indemnify, defend and hold harmlesN CITY, its Council members, officers, agents and employees from any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, caused by or arising out of CONTRACTOR’s, its officers’, agents’, subcontractors’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the performance or failure to perform this Agreement. CONTRACTOR’s obligations under this Section 12 include the obligation to protect, indemnify, hold harmless and defend CITY, its Council members, officers, agents and employees from and against any and all claims, demands, liabilities, losses, damages, 960603 syn 0070979 costs, expenses, liens, penalties, suits, or judgments CITY may incur, arising in whole or in part or as a result of CONTRACTOR’s, its officers’ employees’, agents’ or subcontractors’ operation of the Programs as set forth under Exhibit A hereof. CONTRACTOR’s duty to protect, indemnify, defend and hold harmless CITY hereunder shall include such liability that may arise at any time 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 Hazardous Waste Control Act (Heal. & Saf. Code, §§ 25100-25250.24, as amended); the Safe Drinking Water and Toxics Enforcement Act (Heal. & Saf. Code, §§~25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Heal. & Saf. Code, §§ 25280- 99.6, as amended); the Hazardous Substance Account Act (Heal. & Safo Code, §§ 25300-95, as amended); the Toxic Substances Control Act (15 U.S.C., §§ 2601-2671, as amended); the Carpenter-Presley-~ Tanner Hazardous Substance Account Act (Heal. & Saf. Code, §§ 25300-25395, as amended); or any other local, state or federal ordinance, statute or regulation that may now exist or hereinafter be enacted, or at common law. 12.2 CITY’s Obliqation to Indemnify CONTRACTOR CITY agrees to protect, indemnify, defend and hold harmless CONTRACTOR, its officers, agents and employees from any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, caused by or arising out of CITY’s, its Council members, officers’, agents’, subcontractors’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CITY in the performance or failure to perform its obligations under this Agreement. SECTION 13 -WORKERS’ COMPENSATION CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions before commencing this Agreement. SECTION 14 -INSURANCE 14ol Insurance Coveraqe Requirements CONTRACTOR, at its sole cost and expense, shall obtain and maintain, in full force and effect throughout the entire term of this Agreement and for five (5) years thereafter, the following insurance coverage, insuring not only CONTRACTOR but also, with the exception of workers’ compensation insurance, CITY, its Council members, officers, agents and employees, and each of them, with respect to the Programs and all of the services performed by 960603 syn 0070979 CONTRACTOR for or on behalf of CITY under the provisions of this Agreement : CONTRACTOR’s REQUIRED INSURANCE COVERAGE MINIMUM LIMITS OF COVERAGE Commercial General Liability, including broad form contractual, products and completed operations and personal injury, bodily injury and property damage. $i,000,000 p~r occurrence and $2,000,000 in the aggregate Comprehensive Automobile Liability, including owned, leased, hired, borrowed and non-owned automobiles, with deletion of pollution exclusion. $1,000,000 per accident for bodily injury and property damage MCS-90 Endorsement, including environmental restoration coverage for accidents during transportation. Pollution Liability or Sudden and Accidental Pollution Liability. $i,000,000 per occurrence and $2,000,000 in the aggregate Employer’s Liability $I,000,000 per accident and $i,000,000 each employee bodily injury bydisease and $2,000,000 in the aggregate In addition, CONTRACTOR shall name its subcontractors, if any, as additional insured under its Pollution Liability insurance coverage. All insurance coverage required hereunder shall be provided through carriers with a Best rating of A:VII or higher that ar% admitted to do business in the State of California. Any and all subcontractors of CONTRACTOR under this Agreement shall obtain and maintain, in full force and effect throughout the term of this Agreement and for five (5) years thereafter, identical Commercial General Liability and Comprehensive Automobile Liability insurance coverage, with CITY named as additional insured under such policies as required under Section 14.2 hereof for the HHW Program and with CITY, the cities of East Palo Alto, Los Altos, and Mountain View, the Town of Los Altos Hills, and Stanford named.as additional insureds under such policies as required under Section 14.2 hereof for the CESQG Program. 960603 syn 0070979 9 14.2 Certificates Evidencinq Insurance Coverage Certificates evidencing the insurance coverage required hereunder shall be filed with CITY concurrently with the execution of this Agreement and shall be attached hereto as Exhibit "B" and incorporated herein by this reference. Said certificates shall be subject to the prior approval of the Risk Manager and shall contain endorsements stating that said insurance is primary coverage ind will not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days’ prior written notice of such cancellation or alteration. Said certificates shall evidence and name CITY as additional insured under the policies in connection with both Programs and shall also name the cities of East Palo Alto, Los Altos and Mountain View, the Town of Los Altos Hills and Stanford as additional insureds under the policies in connection with CESQG Program. Current certificates of such insurance shall- be kept on file at all times during the term of this Agreement and for five (5) years thereafter with the City Clerk. 14.3 No Limit of Liability The procuring of such required policy or policies of insurance shall not be construed to limit CONTRACTOR’s liability hereunder nor to fulfill the indemnification provision and requirements of this Agreement under Section 12 hereof. Notwithstanding said policy or policies of insurance, CONTRACTOR shall be obligated for the full and total amount of any damage, injury, or- loss caused by the services performed under this Agreement, including after the Agreement has terminated or expired° SECTION 15 - AUDITS CONTRACTOR agrees to permit representatives of CITY’s Auditor’s Office and Finance Department to audit, at any reasonable time upon reasonable notice during the term of this Agreement and for three (3) years thereafter, all documents and records of CONTRACTOR pertaining to the operational scope of this Agreement° Such documents, and records shall include records and documents which the CONTRACTOR is required to file or maintain under any federal, state, or local law, relating to CONTRACTOR’s services performed under this Agreement, including the handling, transportation, storage, treatment, and disposal of hazardous waste hereunder. CONTRACTOR further agrees to maintain such records for at least three (3) years after this Agreement has terminated or expired. SECTION 16 AGREEMENT BINDING The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns and subcontractors of both parties. 960603 syn 0070979 10 SECTION 17 -WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other te.rm, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance. SECTION 18 -COSTS AND ATTORNEYS’ FEES The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with such an action from the other party. ’~ SECTION 19 - NO IMPLIED WAIVER No payment, partial payment, acceptance, or partial acceptance by CITY sha~l operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20 -NONDISCRIMINATION; PENALTY 20.1 Duty of CONTRACTOR No discrimination shall be made in the employment of persons under this Agreement because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or sex of such person. If the value of this Agreement is, or may be, Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the "Compliance Report--Nondiscrimination Provisions of City of Palo Alto Contracts" on the form furnished by CITY, attached .hereto as Exhibit "D" and made a part hereof by this reference. CONTRACTOR agrees that each written agreement for service~ from its subcontractors shall contain a provision substantially as follows: "Subcontractor shall provide CONTRACTOR with a certificate stating that he (or she) is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; that he (or she) will pursue an affirmative course of action as required by the Affirmative Action Guidelines of the City of Palo Alto; and that he (or she) will not discriminate in the employment of any person under this contract because of age, race, color, national origin, ancestry, 960603 syn 0070979 !1 sex or religion, disability or sexual preference of such person. " 20.2 Penalty for Discrimination If CONTRACTOR is found in violation of the nondiscrimina- tion provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-Five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices COmmission or the equivalent- federal agency or officer shall constitute evidence of a violation of contract under this subsection. If CONTRACTOR is found in violation of the nondiscrimination provisions of this Agreement or the applicable affirmative action guidelines pertaining to this Agreement, CONTRACTOR shall be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been in such noncompliance as damages for said breac-h of contract, or both. SECTION 21 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both.CITY and CONTRACTOR. SECTION 22 - GOVERNING LAW This Agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written° ATTEST:CITY OF PAL0 ALTO City Clerk Mayor 960603 syn 0070979 12 APPROVED AS TO FORM: Senior Assistant City Attorney APPROVED: Assistant City Manager Deputy City Manager, Administrative Services GREENFIELD SERVICES CORPORATION By: ,/~’~, ~. ~_~d ~4")qro.~ Taxpayer Identification No. 33-0455076 Risk Manager APPROVED AS TO CONTENT: Director of Public Works Attachments: EXHIBIT "A" : EXHIBIT "B" : EXHIBIT "C" : EXHIBIT "D" : SCOPE OF SERVICES/DESCRIPTION OF PROGRAMS FEE SCHEDULE FOR HHW PROGRAM INSURANCE CERTIFICATES NONDISCRIMINATION COMPLIANCE REPORT 960603 syn 0070979 13 CERTIFICATE OF.ACKNOWLEDGEMENT (Civil Code § 1189) STATE OF COUNTY On ~-#O- ,1996, before me,{~£,¢~8 ~HtObe~#c~{W~L(.c_~ a Notary Public in and for said County and State, per~onally appeared U~O~ ~0~qo ~ , ~ or proved to me on the basis of satisfactory evidence to be the person(M) whose name(~) is/~re subscribed to the within instrument and acknowledsed to me that ~e~t~ executed the same in ~/~h~’r authorized capacity(l~e~), and that by ~~r signature(~) on the instrument the person(’~, or the entity upon behalf of which the person(~ acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Pu~ic 960603 syn 0070979 14 EXHIBIT A SCOPE OF SERVICES EXHIBIT A -SCOPE OF SERVICES CITY OF PALO ALTO HOUSEHOLD AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR HAZARDOUS WASTE MANAGEMENT PROGRAMS A. OVERVIEW Under this agreement, the Contractor shall operate monthly Household and Conditionally Exempt Small Quantity Generator Hazardous Waste Management Programs for the collection and management of hazardous wastes generated by households and conditionally exempt small quantity generators as defined herein.. 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 Program Manager. B.SCOPE OF WORK FOR HOUSEHOLD HAZARDOUS WASTE PROGRAM .General Information Since 1983, Palo Alto has sponsored Household Hazardous Waste (HHW) collection events for its residents. The contractor shall operate HHW Collection Events in accordance with the’ schedule listed below from 9:00 a.m. to 12:00 noon at the Palo Alto Regional Water Quality Control Plant (PARWQCP) at 2501 Embarcadero Way. At these events, all HHW, with the exception of those materials prohibited under Title 22 of the California Code of Regulations, Section 67450..4 (22 CCR 67450.4), as amended,, and certain recyclable hazardous wastes (motor oil, used oil filters, antifreeze, and automobile batteries) shall be collected from City residents, packaged for shipping, and transported to approved Treatment, Storage, and Disposal Facilities (TSDFs). The HHW Program shall be conducted in compliance with 22 CCR 67450.4 and Pe(mit by Rule regulations under 22 CCR 66270.60. HHW events scheduled through June, 1997 are as follows: Saturday, July 6, 1996 Saturday, August 3, 1996 Saturday, September 7, 1996 Saturday, October 5, 1996 Saturday, November 2, 1996 Saturday, December 7, 1996 Saturday, January 4, 1997 Saturday, February 1, 1997 Saturday, March 1, 1997 Saturday, April 5, 1997 Saturday, May 3, 1997 Saturday, June 7, 1997 CITY OF PALO ALTO: (5/1996)Exhibit A - Page 1 EXHIBIT A - SCOPE OF SERVICES 2.Services to be Provided by the ContractoJ’ The Contractor shall designate a Project Manager to act as contact for the coordination of each event. The Contractor’s Project Manager shall be directly responsible for his/her firm’s activities related to this agreement. If requested by the City, the Contractor’s Project Manager shall attend one meeting before each event to ensure procedures are followed, coordination is established, and record keeping is maintained. 2.b The Contractor shall be responsible for preparing and maintaining any and all necessary plans, licenses or other mandatory documents required by regulatory agencies under federal, state or local laws, ordinances or regulations for the implementation and operation of the HHW Program, including but not limited to health and safety plans, contingency plans and site operations plans. The City shall provide such reasonable assistance to the Contractor as it may request. The Contractor shall provide to the Program Manager copies of all plans, licenses or other mandatory documents prepared for the operation of the HHW Program. The City will prepare and submit regulatory notifications such as local agency and state Permit by Rule notifications as necessary. The Contractor shall provide such reasonable assistance to the City as it may request. The City has an EPA Generator Identification Number for the HHW Program. 20C The Contractor shall operate monthly HHW Program collection events including event preparation, tear down, and clean-up. The Contractor shall provide all staff, labor, materials, tools and equipment for handling, identification, profiling, packaging, labelling, marking, placarding, manifesting, loading, transportation, and final disposal of collected hazardous wastes. The Contractor shall conduct all activities and operate collection events in accordance with all applicable federal, state and local laws and regulations, and the health and safety, contingency and operation plans prepared by the Contractor and approved by the Program Manager. All personnel handling hazardous waste shall be trained in hazardous waste management, the use of personal protective safety equipment, and emergency response equipment and procedures as required under applicable state and federal laws and regulations. 2.d The Contractor shall not collect, without prior approval of the Department of Toxic Substances Control (DTSC) and the Program Manager, materials prohibited under 22 CCR 67450.4 including but not limited to: biohazardous wastes, radioactive wastes, compressed gas cylinders greater than 20 pounds, and explosives. CITY OF PALO ALTO: (5/1996)Exhibit A - Page 2 EXHIBIT A - 2.e SCOPE OF SERVICES The Contractor shall not collect motor oil, antifreeze, oil filters and automobile batteries. Participants with these wastes shall be instructed to take them to the Palo Alto Recycling Center. Should any of these wastes be inadvertently received at the HHW Program, the Contractor shall deliver said wastes to the appropriate facilities at the Palo Alto Recycling Center. The Contractor shall provide appropriate documentation, certificates and records as required by applicable federal, state and local laws and regulations and the Program Manager. All documentation shall be filled out clearly, correctly and legibly and copies of any manifest attachments shall be provided to the Program Manager at the time of .transport. Documentation submittals shall include but not be limited to: 2.e.1 Hazardous waste manifests and bills of lading; 2.e.2 Fully legible inventory forms indicating the contents of each labpacked drum and referencing a unique identification number for each drum; 2.e.3 2.e.4 State and federal land disposal restriction notification forms; Forms, documents, or certificates required for receipt of waste by TSDFs; 2.e.5 HHW event summary report, listing and sorted by hazardous waste manifest number and by DOT hazard class, which includes the following information for each drum collected: unique drum ID number, container type/size, estimated actual quantity of wastes (in pounds exclusive of container and absorbent for solids and gallons for liquids) and TSDF profile number (if applicable). The report shall also include subtotals of the number of drums and weight/volume of wastes for each manifest and DOT hazard class and the total number of drums and weight/volume of wastes for all hazard classes. 2.e.6 If required by the Program Manager, reconciliation of manifests including a letter of explanation for any shipping or manifest discrepancies. 3.Fees for Mobilization and Im.~lem~ The City will reimburse the Contractor for its Mobilization and Implementation services for each HHW Collection Event in accordance with the HHW CITY OF PALO ALTO: (5/1996)Exhibit A --Page 3 EXHIBIT A - SCOPE OF SERVICES Management Program Fee Schedule. The HHW Management Program Fee Schedule is attached to this Agreement as Exhibit B and is made a part hereof by this reference. Mobilization and Implementation (Fee Schedule Item 1) shall include the tasks and services as follows: 3.8 3.b The Contractor shall mobilize crews and equipment to the site as needed for each HHW collection event. This task shall include providing all staff, labor, materials, tools and equipment for operating each event. This task includes, but is not limited to, providing materials handling and containment equipment, emergency response equipment, safety equipment, personnel protective gear, tables and portable shelters for the eve.nts, and performing mobilization, site preparation, demobilization and clean-up. Lump sum Fee for Mobilization and Implementation shall include: 3.a.1 Full compensation for providing appropriate numbers and types of vehicles and equipment for each event, vehicle mileage costs, and travel time for Contractor personnel; 3.a.2 3.a.3 Full compensation for disposal of contaminated equipment (plastic sheeting, PPE, etc.) generated during the event; and All staffing and labor costs associated with the personnel requirements for all tasks as outlined below in section 3.b, (i.e. set up, collection, tear down, clean-up, paperwork, etc.). The Contractor shall provide qualified personnel to implement and operate the HHW Collection Events as outlined below: 3.b.1 One (1) Project Manager with appropriate credentials and experience to oversee all activities and safety during each event. The Project Manager shall be directly responsible for the Contractor’s activities at each event. The Project Manager shall be on site for the duration of the event. 3.b.2 Unless approved by the Program Manager, the Contractor shall provide three (3) chemists with credentials and certifications to satisfy all applicable federal, state and local laws and regulations governing training for handling, identification, profiling, segregating, packaging, labelling, marking, placarding, manifesting, and transporting of hazardous wastes. These individuals shall have as a minimum, the equivalent of a Bachelor’s degree in chemistry and three years experience in CITY OF PALO ALTO: (5/1996)Exhibit A - Page 4 EXHIBIT A - SCOPE OF SERVICES hazardous wastes. The chemists shall be on site for the duration of the event. If fewer than three chemists are utilized, appropriate discounts based on the Contractor’s standard schedule of fees shall be applied to the lump sum Fee for Mobilization and Implementation. 3.b.3 Unless approved by the Program Manager, the Contractor shall provide twenty-four (24) technicians for each event for performing the duties under the direction of the Project Manager and site chemists, including, but not limited to, vehicle unloading and hazardous wastes handling, segregating, packaging, labelling, marking, placarding, and manifesting. Technicians shall have the~ level of training required to meet applicable federal, state and local laws and regulations for the duties they are to perform. If additional technicians are required, the Contractor shall notify the Program Manager for review and approval of the request for additional .technicians. If approved by the Program Manager, additional technicians shall be billed and paid for at the straight time rates as specified on the Contractor’s standard schedule of fees. If fewer than fifteen technicians are utilized, appropriate discounts shall be applied to the lump sum Fee for Mobilization and Implementation. 3.b.4 Unless approved bythe Program Manager, the Contractor shall provide two (2) survey takers for each event for performing duties, including, but not limited to, verifying participants’ residence status, gathering survey information (forms provided by the City), answering general questions, distri.buting educational literature (provided by the City), providing traffic control, and preventing walk-in access to the event. Survey takers shall wear appropriate safety equipment including safety vests while working. Survey takers shall be on site for the public drop-off hours for each event. If fewer than two survey takers are utilized, appropriate discounts based on the Contractor’s standard schedule of fees, shall be applied to the lump sum Fee for Mobilization and Implementation. 4.Fees for Packaging. TraELs~ and Dispos_&[ The Contractor shall be reimbursed for Packaging, Transportation, Management and Disposal of hazardous wastes collected from each HHW collection, event in accordance with the HHW Management Program Fee Schedule (Exhibit B). packaging, Transportation, Management and Disposal shall include the following tasks and services: CITY OF PALO ALTO: (5/1996)Exhibit A - Page 5 EXHIBIT A -SCOPE OF SERVICES The Contractor shall identify, categorize, profile, segregate, package, label, mark, manifest, transport, and dispose of all collected wastes as directed by the Program Manager and in accordance with all applicable federal, state and local laws and regulations. Fees provided for under Fee Schedule Items 2 through 27 shall incorporate all costs related to packaging, transportation, and disposal, including, but not limited to, identification, profiling, bulking, loose- packing, labpacking, waste compaction (eg: empty container crushing), marking, manifesting, and loading, transportation and disposal of all collected wastes. The City will notify the Contractor as to the packing and waste management methods selected from those listed in the HHW Management Program Fee Schedule for utilization under the 5.Ee.uipment/Information Provided by the City The City shall provide the following: o ® HHW program advertisement; traffic control equipment (signs, cones) including set-up and removal; survey forms; literature for survey takers to distribute to event participants; and debris boxes for disposal of non-hazardous wastes and for corrugated cardboard recycling. The Contractor shall separate corrugated cardboard and place in bin marked as such for recycling. Additionally, as stated in Section 2.b above, the City shall provide support in preparing necessary plans, licenses or other documents required by regulatory agencies for the operation of each event. 11.Waste Owner. Trans.oorter. Arranger of Disposal. Operator and Generator 11,a The Contractor shall solely assume: 11.a.1 Title to and ownership of all wastes collected and managed under the HHW Program hereunder; 11.a.2 Responsibility for transporting of, including arranging for transportation of all wastes collected and managed under the HHW Program hereunder; 11.a.3 Arranger status for .disposal of all wastes collected and managed under the HHW Program hereunder. CITY OF PALO ALTO: (5/1996)Exhibit A - Page 6 EXHIBIT A - SCOPE OF SERVICES C.SCOPE OF WORK FOR CONDITIONALLYEXEMPT SMALL QUANTITY GENERATOR PROGRAM General I n fo rmaIJ_0!:[ Under this agreement, the Contractor shall operate a voluntary Conditionally Exempt Small Quantity Generator Hazardous Waste Management Program (CESQG Program) for the collection and management of hazardous wastes generated by conditionally exempt small quantity generators as defined herein. Since November, 1993, a voluntary CESQG Program has been made available for the collection and management of hazardous wastes generated by businesses that qualify as CESQGs located in the service area for the PARWQCP (the communities of Palo Alto, East Palo Alto, Los Altos, Los Altos Hills, Mountain View, and Stanford). The CESQG Program shall be operated by the Contractor in conjunction with but separate from the HHW program. The Contractor shall operate the CESQG Program in compliance with all federal, state, and local laws, regulations and ordinances, including but not limited to 22 CCR 67450.4, as amended. The CESQG Program shall only provide hazardous waste collection, transportation, treatment and disposal services for those businesses within the PARWQCP Service area that meet the definition of a "conditionally exempt small quantity generator" as specified under California Health and Safety Code section 25218.1(a) (HSC 25158.1(a)). The Contractor shall operate the CESQG P~ogram collection event on the same days as the HHW Program between the hours of 1:00 p.m. and 4:00 p.m., or at days and times set by the Program Manager. The Contractor shall permit participating and qualified businesses to deliver wastes by appointment with the Contractor to the PARWQCP on the designated days. The appointment system shall provide information to the Contractor which shall aid in the Contractor’s arrangements for the management of wastes, verification of business status, verification of CESQG status, verification of waste quantities generated, and payment for services provided by the Contractor to participating businesses. Services to be Provided by thP.~Lo!lt.~tg! 2.a The Contractor shall operate and be responsible for the CESQG Program, under which it shall provide for the appropriate handling, packaging, transportation, and disposal of hazardous wastes generated by CESQGs in the PARWQCP service area. CITY OF PALO ALTO: (5/1996)Exhibit A - Page 7 EXHIBIT A -SCOPE OF SERVICES 2.b 2,C The Contractor shall provide all staff, materials, labor, forms, tools, and equipment necessary for conducting the CESQG Program, including, but not limited to the following services: record keeping, appointment arrangements, billing and cost recovery, identification, profiling, packaging, labelling, marking, placarding, manifesting, removal, transportation, and disposal of all collected hazardous wastes. All work and the preparation of materials under the CESQG Program shall be conducted in accordance with all applicable federal, state, and local laws, ordinances, and regulations, including but not limited to 22 CCR 67450.4, as amended. The Contractor sl~all have the sole responsibility for the identification," segregation, packaging, transporting, and disposal of the wastes collected through the CESQG Program. The Contractor shall hold title to and ownership Of the wastes collected through the CESQG Program. 2.d The Contractor shall not collect, without prior approval of the DTSC and the Program Manager, materials prohibited under 22 CCR 67450.4 including but not limited to: biohazardous wastes, radioactive wastes, compressed gas cylinders greater than 20 pounds, and explosives. 3. Schedule Under the CESQG Program, wastes from qualified CESQGs shall be accepted by the Contractor between the hours of 1:00 p.m. and 4:00 p.m. on the same days as the HHW Program or such other days and time periods approved by the Program Manager. Qualified businesses shall be required by the Contractor to arrange appointments with the Contractor for participation in the CESQG Program. The service area for the CESQG Program shall include the communities of Pato Alto, East Palo Alto, Los Altos, Los Altos Hills, Mountain View, and Stanford. Reauirements for Participants The Contractor shall only allow appropriately qualified businesses within the jurisdictions listed in Section C.4, which meet the definition of a "conditionally exempt small quantity generator" as specified under HSC 25158.1(a) as amended, to participate in the CESQG Program. The Contractor shall be solely responsible for verification of the CESQG status of all participants. CITY OF PALO ALTO: (5/1996)Exhibit A - Page 8 EXHIBIT A -’ SCOPE OF SERVICES 6. ~ The Contractor shall be solely responsible for recovering all CESQG Program fees and costs from the Program participants. The City expressly disclaims any responsibility or liability for payment of the cost of operating the CESQG Program through the imposition of fees permitted pursuant to the terms of this Request for Proposals. The Contractor is authorized to collect fees on a cost- recovery basis for services rendered at the time of delivery of the wastes to the PARWQCP. It shall be the Contractor’s sole responsibility to ensure that the rates established for the CESQG Program cover all costs including, but not limited to, packaging, transportation, disposal, maintenance of required records, staffing for the CESQG Program, operation of the appointment system,- and billing management. Any taxes which are assessable upon the rendering of such services may be passed on to the participating business as part of the CESQG Program costs. The City expressly disclaims any responsibility or liability for payment of such taxes which the Contractor may be required by law to collect. 7. Record Kee.Ding The Contractor shall be solely responsible to maintain all records required by local, state, and federal laws, ordinances, and regulations, including but not limited to tracking of participating businesses, including waste quantities and types, verification of CESQG status, business hazardous waste generator identification numbers and permits (as applicable), business name, address, phone number, fees charged and collected, uniform hazardous waste manifests, state and federal land disposal restriction notification forms for hazardous waste subject to land disposal restrictions, hazardous waste profiles required by TSDFs and bills of lading for nonhazardous wastes collected and managed through the CESQG Program. All records shall be retained and made available for inspection, review, and audit by representatives of the PARWQCP jurisdiction during normal business hours throughout the term of the Agreement for a period of three (3) years following the expiration or termination of the Agreement for any .reason. 8.Monthly Event Summary Report A monthly event summary report shall be prepared and submitted by the Contractor to the Program Manager within one (1) week after each CESQG CITY OF PALO ALTO: (5/1996)Exhibit A - Page 9 EXHIBIT A = SCOPE OF SERVICES Program collection event. Each report shall include, at a minimum, the following: 8.a 8.b Copies of participant registration forms for all participating CESQGs which shall include, but not be limited to the following information: Business name, address, and telephone number, Federal Environmental Protection Agency hazardous-waste generator identification number (as applicable); descriptions for all wastes delivered including waste type, weights (for solids) and volumes (for liquids), and fees charged to each such business by the Contractor. Volume and types of wastes collectec~ by DOT Hazard Class; and 80C Copies of all uniform hazardous waste manifests, bills, of lading for nonhazardous wastes collected and managed through the CESQG Program by the Contractor, and attachments including but not limited to labpack forms indicating the contents of each labpacked drum and referencing a unique identification number for each drum, state and federal land disposal restriction notification forms for hazardous wastes subject to land disposal restrictions, and hazardous waste profiles required by TSDFs. program Publicity The City will provide advertizing for the CESQG Program as it deems appropriate through local newspapers, directed mailings, utility bills, etc. The Contractor will be allowed to provide publicity for the CESQG Program as well. At the City’s sole optior~, the City may provide coordinated efforts with the Contractor to facilitate effective Program publicity. 10.Mandatory A.D.D~ovals The Contractor shall be responsible for preparing and maintaining any and all neoessary plans, licenses or other mandatory documents required by regulatory agencies under federal, state or local laws, ordinances or regulations for the implementation and operation of the CESQG Program, including but not limited to health and safety plans, contingency plans and site operations plans. The City shall provide such reasonable assistance to the Contractor as it may request. The Contractor shall Provide to the Program Manager copies of all plans, licenses or other mandatory documents prepared for the operation of the CESQG Program. CITY OF PALO ALTO: (5/1996)Exhibit A - Page 10 EXHIBIT A - SCOPE OF SERVICES The City will prepare and submit° any regulatory notifications such as local agency and state Permit by Rule notifications, as necessary. The Contractor shall provide such reasonable assistance to the City as it may request. As required by the DTSC, the EPA Generator Identification Number for the HHW Program shall be used for the manifesting of wastes collected under CESQG Program. 11.Waste Owner. Transporter. Arranger of Disposal. O.~erator and Generato_[ 11.a The Contractor shall solely assume: 11.a.1 Title to and ownership of all wastes collected and managed under the CESQG Program hereunder; 11.a.2 Responsibility for transporting of, including arranging for transportation of all wastes managed under the CESQG Program hereunder; 11.a.3 Arranger status for the disposal of all wastes collected and managed under the CESQG Program hereunder. 11.b To the extent permitted by law, the City disclaims any responsibility, liability, or status in connection with the CESQG Program under the Agreement. The City assumes no title to nor ownership of the wastes collected; transported, recycled or disposed of through the CESQG Program. The City shall not be deemed a transporter, disposer, operator or generator for, such wastes collected and managed under the CESQG Program except as may be established by law. In addition, the City disclaims any responsibility or liability for arrangement of delivery, collection, transportation, recycling or disposal of such wastes collected and managed under the CESQG Program hereunder. 24-HOUR EMERGENCY RESPONSE SERVICES In the event of a hazardous materials or waste incident (abandoned waste, spill, leak, etc.) that requires services beyond those that the City is capable of providing internally, the Contractor will be listed as a potential service provider for emergency response. Typical services to be provided under this task may include, but not be limited to, furnishing of vacuum tanker services for CITY OF PALO ALTO: (5/1996)Exhibit A - Page 11 EXHIBIT A’ SCOPE OF SERVICES pumping of underground tanks and utility vaults (may involve PCB contaminated wastes), furnishing personnel, materials and/or equipment for waste containment, spill clean-up, site decontamination, Hazcat identification of unknowns, waste packaging, transportation, disposal, etc. The Contractor shall furnish 24-hour emergency contact telephone numbers and notification procedures for requesting emergency response services. Upon notification by the Program Manager or his designee, the Contractor shall mobilize appropriate personnel, materials and equipment to respond to incidents to provide emergency response services. Services rendered under this task will be compensated for oh a time and materials basis in accordance with the Contractor’s standard schedule of fees. CITY OF PALO ALTO: (5/1996)Exhibit A - Page 12 EXHIBIT B FEE SCHEDULE FOR HHW PROGRAM ~D 0 < < © © < 0 < o 0 Zo G~ SERVICES CORPORATION A Company of Laidlaw Environmental Services, Inc. 2. Standard Schedule of Fees Fee Schedule Item 1 - Mobilization and Implementation Greenfield/Laidlaw will mobilize crews and equipment to the site as needed for each H~1 collection event. This task shall include providing all staff, labor, materials, tools and equipment for operating each event. This task, includes, but is not limited to, providing materials handling and containment equipment, emergency response equipment, safety equipment, personnel protective gear, tables and portable shelters for the events, and performing mobilization, site preparation, demobilization and clean-up. Lump Sum Fee for Mobilization and Implementation includes: Full compensation for providing appropriate .numbers and types of vehicles and equipment for each event, vehicle mileage costs, and travel time for Contractor personnel; Full compensation for disposal of contaminated equipment (plastic sheeting, PPE, etc.) generated during the event; and All staffing and labor costs associated with the personnel requirements for all tasks as outlined below, (i.e. set up, collection, tear down, clean-up, paperwork, etc.). Greenfield!Laidlaw will provide qualified personnel as outlined below: One (1) Project Manager with appropriate credentials and experience to oversee all activities and safety during each event. The Project Manager shall be directly responsible for Greenfield/Laidlaw’s activities at each event. The Project Manager shall be on site for the duration of the event. Unless approved by the Program Manager, Greenfield/Laidlaw will provide three (3) chemists with credentials and certifications to satisfy all applicable federal, state and local laws and regulations governing training for handling, identification, profiling, segregating, packaging, labeling, marking, placarding, manifesting, and transporting of hazardous wastes. These individuals have as a minimum, the equivalent of a Bachelor’s ¯ degree in chemistry and three years experience in hazardous wastes. The chemists will be on site for the duration of the event. If fewer than three chemists are utilized, appropriate discounts based on Greenfield/Laidlaw’s standard schedule of fees will be applied to the lump sum Fee for Mobilization and Implementation. Unless approved by the Program Manager, Greenfield/Laidlaw will provide twenty-four (24) technicians for each event for performing the duties under the direction of the Project Manager and site chemists, including, but not limited to, vehicle unloading and hazardous wastes handling, segregating, packaging, labeling, marking, placarding, and manifesting. Technicians will have the level of training required to meet applicable federal, state and local laws and regulations for the duties they are to perform. If additional technicians are required, Greenfield!Laidlaw will notify the Program Manager for review and approval of the request for additional technicians. If approved by the * Priraed on Recycled Paper page 2 GREENFI~J~) SERVICES CORPORATION A Company of Laidlaw Environmental Services, Inc. Program Manager, .additional technicians shall be billed and paid for at the straight time rates as specified on Greenfield/Laidlaw’s standard schedule of fees. If fewer ~han twenty-four (24) technicians are utilized, appropriate discounts will be applied to the Lump Sum Fee for Mobilization and Implementation. Unless approved by the Program Manager, Greenfield/Laidlaw will provide two (2) survey takers for each event for performing duties, including, but not limited to, verifying participants’ residence status, gathering survey information (forms provided by the City), answering general questions, distributing educational literature (provided by the City), providing traffic contcol, and preventing walk-ln access to the event. S.urvey takers will wear appropriate safety equipment including safety vests while working. Survey takers shall be on site for the public drop-off hours for each event. If fewer than two survey takers are utilized, appropriate discounts based on the Contractor’s standard schedule of fees, will be applied to the lump sum Fee for Mobilization and Implementation. Fee Schedule Item 1 - Mobilization and Implementation $ 7,500 Primed on Recycled Paper page 3 GREENFIELD SERVICES CORPO1LkTION A Company or Laidlaw Environmental Services, Inc. Fee Schedule Items 2 through 27 - Pa .ekaging, Transportation and Disposal Greenfield/Laidlaw will identify, categorize, profile, segregate, package, label, mark, manifest, transport, and dispose of all collected wastes as directed by the Program Manager and in accordance with all applicable federal, state and local laws and regulations. Fees provided under Packaging, Transportation and disposal will incorporate all costs related to packaging, transportation, and disposal, including, but not limited to, identification, profiling, bulking, loose packing, labpacking, waste compaction (e.g. empty container crushing), marking, manifesting, and loading, transportation and disposal of all collected wastes. It is the City’s preference to utilize non-landfill management methods, where feasible. Recycling, fuel substitution, incineration, treatment and other ineinerationJdestruction alternatives will be considered for use as management methods for the program, where practical’. If waste management methods other than those listed in the Fee Schedule are proposed, the Proposer will specify the alternate disposal method on the Fee Schedule. Latex paint, oil-based paint, and flammable liquids will be bulked on-site urdess otherwise approved by the Program Manager. All other wastes will be either lab-packed or loose packed in accordance with all applicable federal and state laws and regulations. If Greenfield/Laidlaw proposes to use packaging methods other than those specified in the fee schedule (e.g. not bulking oil based paint and shipping in original containers without lab- packing), Greenfield/Laidlaw will provide sufficient detail in the proposal to evaluate the cost and operational efficiencies and appropriateness-of the alternate packagin~ methods proposed. Emptied steel cans from latex paint bulking operations will either be managed by Greenfield/Laidlaw through steel can recycling (Fee Schedule item 16) or will be disposed of by the City. Emptied steel cans from oil-based paint and flammable liquid bulking operations will be managed by Greenfield/Laidlaw through either can recycling (Fee Schedule item 16) or by other means subject to the approval of the Program Manager. Non-steel cans from oil-based paint and flammable liquid bulking operations will be disposed of by Greenfield/Laidlaw. Printed on Recycled Paper "page 4 GREENFIELD SERVICES CORPORATION A Company of Laidlaw Environmental Services, Inc. GREENlrI~LD/LAH)LAW HOUSEHOLD HAZARDOUS WASTE PROGRAM STANDARD SCHEDULE OF FEES A.Labor 1.Supervisor $ 42.00 per hour 2.Field Chemist $ 42.00 per hour 3.Technician $ 35.00 per hour 4.Laborer $ 22.00 per hour 5.Class B (Safety Equipment $ 45.00 per hour (For labor as well as Level B PPE) B.Materials (includes drums, absorbent materials, drum liners)$ Included C.Laboratory. Do 1.Hazardous Materials Categorization $ N/C each 2.Sampling Fee $ N/C each 3.Analysis Fee $ Cost + 10% m. 4.Profiling Fee $ N/C each at Greenfield/Laidlaw facilities Transportation Costs (Includes all costs associated with transportation) $ Included Tr eaWaent/Dis.p.9_~ Latex Paint - Bulk 20 Gal. or 200 Ibs., all Lab Packs. $150.00 $140.00 $50.00 Oil-Based Paint Fuel Substitution - Bulk Fuel Substitution- Cu Yd Box Flammable Liquids - Bulk $225.00 $125.00 $ 60.00 $700.00 n/a nla $165.00 $100.00 $ 55.00 Printed on Recycled Paper page 5 GREENFIELD SERVICES CORPORATION A Company of Laidlaw Environmental Services, lnc~ o 10. 11. Flammable Liquids (Unsuitable for bulking, such as poisons, highly flammable, etc.) Fuel Substitution- Labpaek ~250.00 $150.00 $ 50.00 Incineration - Labpack $500.00 $225.00 $125.00 Flammable Solids Fuel Substitution - Labpaek Fuel Substitution - Labpack. $300.00 $200.00 $ 70.00 n/a ~/a Empty Steel Cans (from bulking operation) Recycle - Compact & Pack Landfill - Compact & Pack $275.00 $175.00 .$100.00 $175.00 $120.00 $ 50.00 Other Empty Containers (from bulking operation) Landfill - Compact & Pack $175.00 $120.00 $ 50.00 Aerosol Cans (Flammable) Fuel Substitution (Liquid Product), Incineration or Recycling (Propellants) and Recycle (Emptied Containers) Loosepack $275.00 $200.00 .$150.00 Incineration Loosepaek $500.00 $225.00 .. $125.00 Aerosol Cans (Poisons) Incineration (Liquid Product), Incineration or Recycling (Propellants)’" and Recycle (Emptied Containers) Loosepack n/a n/a Incineration Loosepack $500.00 $225.00 $125.00 Aerosol Cans (Corrosive) Treatment!Neutralization (Liquid Product), Incineration or Recycling (Propellants) and Recycle (Emptied Containers) Loosepack n/a n/a Incineration Loosepack $500.00 $225.00 $125.00 Propane Cylinders (Camp Stoves, Gas Grill Tanks) Recycle - Loosepack $275.00 Incineration - Loosepaek $500.00 $2013.00 .$150.00 $225.00 $125.00 Printed on Recycled P~per page 6 GREENFIELD SERVICES CORPORATION A Company of Laidlaw Environmental Services, Inc. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 24. Corrosive, Liquid Treatmeut/Neutralization - Labpack ’Corrosive, Solid Treatment/Neutralization - Labpack Oxidizer, Solid Treatment/Neutralization - Labpack Incineration - Labpack Oxidizer, Liquid Treatment/Neutralization - Labpaek Incineration - Labpack Non-RCRA Hazardous Waste, Solid Fuel Substitution - Labpack Incineration - Labpack Non-RCRA Hazardous Waste, Liquid Fuel Substitution - Labpack Incineration - Labpack Used Photo Developer Recycle - Labpack Fuel Substitution - Labpack Medicines, Solid Incineration - Labpack Medicines, Liquid Incineration - Labpack Poison, Solid ¯ Incineration - Labpack Poison, Liquid Incineration - Labpack Pentacholorophenol- Containing Poisons Landfill - Labpack Incineration - Labpack PCB-Containing Waste, Solid (Fluorescent Light Ballasts, etc.) Incineration - Labpack Landfill - Labpack $250.00 $250.00 $300.00 $5O0.OO $300.00 $425.00 $300.00 $5O0.OO $250.OO $5O0.OO $375.OO .$250.OO $5O0.OO $425.OO $5O0.OO $425.OO $275.OO $575.OO $1,1O0.O0 $ 150.O0 $150.OO $150.OO $175.OO $225.OO $175.OO $200.OO $200.OO $225.OO $150.OO $225.OO $175.OO $150.OO $225.OO $200.OO $225.OO $200.OO $125.00 $200.OO $ 670.00 $ lo0.O0 $ 50.OO $ 50,OO $ 95.OO $125.OO $ 95.OO $ 70.OO $ 70.OO $125.OO $ 50.OO $125.00 $ 75.00 .$ 50.OO $125.OO $ 70.OO $125.OO $70.O0 ¯$ 50.OO $ 70.OO $ 125.00 $ 60.00 Printed on Recycled Pa~er page 7 GREENFI~_D SERVICES CORPORATION A Company of Laidlaw Environmental f~rvices, Inc. 25. 26. 27. 28. 29. 30. PCB-Contalning Waste, Liquid Incineration - Labpack Household Dry-Cell Batteries Recycle - Loosepaek Landfill - Loosepack Organic Peroxides Incineration - Labpack Mercury Recycle - Labpack Flares (Fusses) Incineration - Labpack Asbestos and Asbestos-Containing Products Landfill - Loosepack in drums $ 650.00 $ 4.00/LB $ 395.00 425.00 $14.50/LB $ 500.00 $ 250.00 $ 390.00 $ 4.00/LB $ 237.00 $ 200.00 $ 14.50/LB $ 225.00 $ 125.00 $ 60.00 $ 4£DLB $ 50.00 $ 70.00 $ 50.00 31.Asbestos and Asbestos-Containing Products Landfill - Loosepack in bags $15.00/CU FT, Printed on Recycled Ptq~r page 8 GREEN’FIY._,LD SERVICES CORPORATION A Company of Laidlaw Environmental Services, Inc. GREENFIELD/LAIDLAW HOUSEHOLD HAZARDOUS WASTE PROGRAM NON-STANDARD SCHEDULE OF FEES Non-Standard Sewvices (F_znergeacy Response and Other Services) Ao Labor (Emergency Response & N0n-Standard) :Hourly Rate 1.Project Manager $ 60.00 2.Pr6ject Supervisor $ 50.00 3.Field Chemist $ 50.00 4.Project Administrator $ 35.00 5.Field Technician $ 40.00 6.Laborers $ 25.00 7.Logistics Coordinator $ 45.00 8.Emergency Response Technicians $ 45.00 9.Safety Supervisor $ 50.00 10.Project Consultant $ Cost + 10% 11.Other: N/A $ Bo .Equipment 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Hourly Rate/Minimum # Hrs. or Other Condition~ Emergency Response Truck $ 35.00 / Hour Crew Track $ 15.00 / Hour Flatbed Truck - Small * $ 60.00 / Hour Flatbed Truck - Large * $ 75.00 / Hour Roll-Off Truck * $ 75.00 / Hour Roll-Off Box or Drum Rack Rental $ 9.00 / Day Vacuum Truck - 70 bbl.* $ 90.00 / Hour Vacuum Truck - 100 + bbl.* $ 90.00 / Hour Compactor/Bailer $ Cost + 10% Forklift $ Cost + 10% Other: Miscellaneous $ Cost + 10% includes operation Primed on Recycled Paper page 9 GREENFIELD SERVICES CORPORATION A Company of I~dlaw Environmental Services, Inc. GREENFIELD/LAIDLAW HOUSEHOLD HAZARDOUS WASTE PROGRAM NON-STANDARD SCHEDULE OF FEES page 2 Materials and Supplies 3. Daily Rate P/Person Personal Protective Equipment (Safety a.Level A $ 225.00 b.Level B $125.00 c.Level C $ 75.00 d.Level D $ 30.00 Air Monitoring "(OVA/HNU)$150.00 per day, each Containers (Reconditioned)Unit Cost (each) a.85 GSD OverPack Drum $ 75.00 b.55 GSD $ 20.00 c:55 GPD $ 35.00 d.30 GSD $ 25.00 e.30 GPD $ 25.00 f.5 GSD $ 6.00 g.5 GPD $ 6.00 h.Other:$ Cost-+ 10% 5. 6. 7:. 8. 9. 10. GPD = Gallon Plastic Drum GSD = Gallon Steel Drum Manifests, Labels, Profiles, etc. Vermiculite (4 cubic feet) Other Absorbent 2(_~__lb.) Steam Washer (low pressure + vol.) Plastic Sheeting (size: 100’x20’, 4 rail) "HazCat" Kit (Standard) Materials and Supplies Not Otherwise Specified Unit Cost!T_~ $ N/C $15.00 / Bag $15,00 / Bag $ Cost + 10% $ 50.00 / Roll $ Cost + 10% $ Cost + 10% Printed on Recycled Paper page 10 GRE, ENFI~LD SERVICES CORPORATION A Company of Laidlaw Environmental Services, Inc. GREENFIEI~/LAIDLAW HOUSEHOLD HAZARDOUS WASTE PROGRAM NON-STANDARD SCHEDULE OF FEES page 3 Services 1.Analytical 2."HazCat" Analysis 3.Container Storage 4.Profiling Fees @ Non-Contractor TSDFs 5.Training a.HI--IW Orientation b.OSHA 1910.120 (40 hrs.) c.40 hour Refresher d.DOT HM-126F e.HM-126F Refresher Rate Per (indicate) All Other Training Not Specified 6.Media Assistance $ Cost + 10% 7.Services (Not Otherwise Specified) $ Cost + 10% $ Cost + 10% $ 20.00 Each $ 6.00 per Day Each $ Cost + 10% $Cost + 10% - Outside Vendor N/C - Greenfield scheduled training $Cost + 10% - Outside Vendor N/C - Greenfield scheduled gaming $Cost + 10% - Outside Vendor N/C - Greenfield scheduled gaming $Cost + 10% - Outside Vendor N/C - Greenfield scheduled training $Cost + 10% - Outside Vendor - N/C - Greenfield scheduled training $ Cost + 10% - Outside Vendor N/C - Greenfield scheduled training $ Cost + 10% Notes to Statement of Charges (List all conditions upon which these statement of charges are premised): ,3. Lab packed drum volumes are 20 gallons or 200 lbs. for 55 gallon drums. All training for County staff will be at no charge for all Greenfield/Laidlaw scheduled internal training courses. All rates are subject to mutually ag-reed upon terms. Printed on Recycled Proper page 11 EXHIBIT C INSURANCE CERTIFICATES CERTIFICATE OF ROOUCERxcell Environmental Insurance "vices ~25 Vista Sorrento Pkwy #510 an Diego CA 92121 effrey H. Byroads 19-452-1121 INSURANCE CSR ’SSUEOATE,. ,OO.YI GREENF5 11/20/95 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. COMPANIES AFFORDING COVERAGE COMPANY A Commerce & Industry Ins. CoLETTER Greenfield Services Corp. Greenfield Environmental 15151 Innovation Drive San Diego CA 92128 COMPANY LETTER COMPANY LETTER COMPANY LET’I’ER COMPANY LETTER American Int’l Specialty Lines National Union Insurance Co. American Home Assurance ’THIS IS TO CERTIFY THAT THE 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 POLICIES DESCt~IBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LIMITSTYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/’YYI DATE {MMtDO/YY) i GENERAL LIABILITY ’GENERAL AGGREGATE X COMMERCIAL GENERAL LIABILITY :3406812 01/01/96 01/01/97 :PRODUCTS-COMPIOPAGG, X CLAIMS MADE ’ "" OCCUR.PERSONAL & AOV, INJURY OWNER’S & CONTRACTOR’S PROT.EACH OCCURRENCE ~ Products/Compl Op FIRE DAMAGE lAny one firel ~ Pets , "rnj ury MED, EXPENSE (Any one person) AUTOMOBILE LIABILITY COMBINED SINGLEX ANY AUTO 5051352 01/01/96 01/01/97 UMIT ALL OWNED AUTOS SCHEDULED AUTOS ¯HIRED AUTOS ’NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY BODILY INJURY(Per psrsonl BODILY INJURY X PROPERTY DAMAGE UMBRELLA FORM ¯ OTHER THAN UMBRELLA FORM WORKER’S COMPENSATION AND EMPLOYERS’ LIABILITY OTHER Contractors Po!lution Legal 8180773 ~TBD 8183901 o1/o1/9e o1/o1/9e 01101197 01101197 o11o119~ 01101197 .~I000000 ~i000000 ~ioooooo .~i000000 ~50000 ~5000 ~i000000 : EACH OCCURRENCE $ 4 0 0 0 0 0 0 AGGREGATE ~ 4 0 0 0 0 0 0 i X : STATUTORY LIMITS . ::h: ,,,.:::,.’,:. ": ,.’. ~ EACH ACCIDENT ~$ 1000000 ’ DISEASE--POLICY LIMIT : 3.000000 ¯ DISEASE--’~=ACH EMPI:.OYEE¯ $ 10 0 0 0 0 0 Per Occ 3000000 Aggregate 6000000 ~CRIPTION OF OFERATIONSII.0CATIONS/VEHICLESISPECIAL ITEMS :E ATTACHED RTIFICATE HOLDER ’,,-, ’" :. CITY OF PALO ALTO CIVIC CENTER, FIRST FLOOR ATTN: CHAD CENTOLAP o ~ox 10250 R E C EPALO ALTO CA 94303 3RD 25-S (71901 CANCELLATION IV E # ’JAN I 1 P.N. , offrey ,ro as <’ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30~ DAYS WRITTEN NOTICE TO ~HE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, To be attached to Certificate:City of Palo Alto Greenfield Services Corporation Household Hazardous Waste Collection Contract Additional Clauses: It is agreed and understood that insurance as is afforded by this policy shall also apply to the below listed Additional insured(s), its (their) agents, employees and representatives,’ but only with respect to legal liability or claims caused by, arising out of, or resulting from the operations of the Named Insured(s), subject to the terms and conditions of the Policy. Primary Clause: It is agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured(s) shown belbw shall be primary insurance, but only as respects any claims, loss or liability arising out of the operations of the Named Insured(s) and any insurance maintained by the Additional Insured(s) shall be non-contributing. Notice of Cancellation Clause: It is further agreed that the cancellation condition of this policy shall include the following: If we cancel or non-renew this policy, we shall mail or deliver such written notice of cancellation Or non-renewal to the below listed Addi~onal Insured(s) at least thirty (30) days before the effective date of cancellation or non-renewal. " The term "Insurance" as is used in this endorsement includes the coverages that are included, but not limited to, all defense costs. Additional Insured(s): City of PaIo. Alto Civic Center, 1st Floor 250 Hamilton Ave. P.O. Box 10250 Palo Alto, CA 94303 East Palo Alto Los Altos Mountain View _Town of Los Altos Hills_ Town of Stanford EXHIBIT D NON-DISCRIMINATION COMPLIANCE REPORT AFFIRMATIVE ACTION GUIDELINES SECTION 00820 City of Palo Alto Purchasing & Contract Administration PRE-AWARD PHASE OF CONTRACT In addition to the Certificate of Nondiscrimination required to be filed under Section 2.30.160 of the Palo Alto Municipal Code (hereinafter "PAMC"), the Contractor shall complete a questionnaire furnished by the City setting forth the affirmative actions the Contractor has taken or will take to: Recruit minorities in its location for all levels of jobs. Select methods assuring equal employment opportunity for all persons. Establish a training program for new hires where necessary to assure ample opportunity for the less qualified to more fully qualify. Bo Provide adequate opportunity for upgrading and further training to assure equal opportunity in advancement and promotion., - Provide counselling service for all who may need help tO advance, especially new employees. 6.Educate supervisors regarding nondiscrimination practices. In addition to furnishing the completed questionnaire called for under (Ao) above, each Contractor for a construction or service project within the City shall submit the following information for Contractor and each Subcontractor. This information shall constitute the bidding contractor’s Minority Employment Program (hereinafter "MEP"). The estimated total number by job classification of personnel who shall be used by the Contractor and each Subcontractor in performance of the contract. These numbers shall includethe estimated breakdown by one month for the. life of the contract. No estimate furnished under this subparagraph shall be construed or enforced as a hiring quota. PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-1 AFFIRMATIVE ACTION GUIDELINES SECTION 00820 In preparing these estimates it is expected the Contractor will take, or agree to take, these additional steps to assure affirmative action in the field of minority employment. Recruiting for needed help in the local areas inhabited by minority members, including open advertising and use of various establ-ished public and private agencies. [Lists and advice furnished by the Palo Alto Human Relations Council (hereinafter "PAHRC")]. bo Co Training those less qualified to assure adequate promotional opportunities for all. Providing necessary counseling for upgiading, including use of outside training facilities in this area, (lists available from the PAHRC). do Assigning an Equal Employment Opportunity (hereinafter "EEO") coordinator full time or as additional duty and assuring that all supervisors are aware of their responsibilities and that union. representatives recognize their obligation in the EEO program. Assuring that all Subcontractors are in compliance with the federal and California state laws and regulations relating to nondiscrimination. fo go Where the contract is of sufficient duration, assuring develop- ment of apprenticeship programs with union cooperation. Upon request, furnishing the City a copy of the latest Federal Form EEO-1, or equivalent form. CQ Providing the name and address of all suppliers whose Supplies and/or equipment exceed 5% of the total supply cost for each contract and subcontract for the performance of the contract. Any Contractor not submitting an MEP shall not be defined as a "responsible bidder" and his/her Bid shall be disregarded in the manner now prescribed by the City. Do The City Manager, or designate, will analyze the MEP submitted by each Contractor with the objective of determining if the program submitted by the Contractor for himself and his Subcontractors presents a reasonable effort to further minority employment. PURCHASING ADMINISTRATION: Affirmative Action SECTION 0082.0-2 AFFIRMATIVE ACTION GUIDELINES SECTION 00820 Eo If the City Manager has questions about a particular Bidder’s proposal, he or she may address such questions to the Bidder. The City Manager will be available to answer questions relative to the guidelines and to advise those seeking assistance of resources known to him/her. He or she shall not be responsible for the service or lack of service rendered by the resources recommended, nor shall he/she be responsible for developing an MEB for an~/ Contractor, or to serve as a recr.uiter for any Contractor/Subcontractor. Bidders shall be allowed to revise their MEP after consideration. If Bidders withdraw their MEP for revision, their revised program must be resubmitted by a date which shall be established by the City Manager or designate. Bidders failing to have their revised MEP submitted by the established date shall not’be classified as a responsible Bidder. II.AWARD PHASE OF CONTRACT Upon award of the contract by the City, the recipient"s MEP which has been approved and accepted by the City shall be an integral part of the contract and subject to Section 2.30.093 of the PAMC. No Contractor shall be deemed in material breach of Contract under PAMC Section 2.30.093 when he/she has made a reasonable and substantial effort to comply with the MEP. III.~OST-AWARD PHASE OF CONTRACT. Ao The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided, setting forth the law prohibiting discrimination and advising anyone who feels he or she is bein~l discriminated against to advise the FEPC. Bo The Contractor shall make written progress reports on the performance of his MEP at intervals established by the City Manager or designate, the Contractor, however, is encouraged to submit written reports as often and when he/she.deems it relevant to his/her MEP. Co D° The City Manager shall monitor the performance of the MEP until completion of the contract and will report to the PAHRC on the progress of the contractor in living up to his MEP. The City Manager shall monitor the performance of the MEP until completion of the contract and will report to the PAHRC on the progress of the Contractor in living up to his/her MEP. E°Any questions of possible breaching of MEP shall be discussed with the Contractor by the City Manager. PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-3 AFFIRMATIVE ACTION GUIDELINES SECTION 00820 IV.~ Resolutions No. 4144 and 4148 Palo Alto Municipal Code 2.30.090 Ordinance No. 2420 COMPLIANCE REPORT ~lo6-Discrimination Provisions of Palo Alto Contracts IMPORTANT This report must be completed by prime contractor and each subcontractor. Complete all items unless otherwise instructed. Use extra sheets if necessary. SUBMIT ORIGINAL OF THIS REPORT DIRECTLY TO: C±ty of Palo Alto ]-Duse~ld Hazardeus ~ste P~ogr~ Project Name of Firm Manager of purchasing Civic Center 250 Hamilton Avenue Palo Alto, CA 94301 Telephone (619) 421-1175 Name of person preparing form, person to contact. laura T_am~Ext.#.355 Circle One: ~rime Contr,actor~Subcontractor Comple{e the Following:Part I Description: 1. Full name and address of firm or other reporting unit covered by this report. 2. Name and address of principal official or manager. 3. Name and address of principal office of company. Type or Write in Here: (Ti~eenfie]d Services Corporation 750 Design Court, Suite 103 Qmla Vista, CA 91911 750 ,Design Court, Suite 103 Chd~ V~r~ ~A q1911 750 Desig’,_ Court, Suite 103 PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-4 AFFIRMATIVE ACTION GUIDELINES SECTION 00820 Description: 4. Name and address of parent company if affiliated corporation. 5. Name and address of prime contractor (complete only if this is a subcontractor’s report. 6. Signature and title of authorized representative. Type or Write in Here: [a~ct1~ ~_zcr~r_~ Ser~-i~es, Inc. 2_20 Outlet Point I~e~ COIUT~ia, SC 29210 N/A Part II--Policy 1. Information Attach a statement of your company’s policy on equal employment opportunity to all persons without regard to race, creed, color, national origin, or ancestry, and describe what steps have been taken to put this policy into effect. Part Ill--Circle 1.Q No 2.Q No the Proper Answer. Have you informed company officials and representatives regarding the non- discrimination provisions of Cit# of Palo Alto Contracts? Have you examined your company’s practices regarding assignments, layoffs or transfers of your employees from one job to another for evidence of a practice or employment pattern that might appear to be discriminatory and based upon sex, race, color, ancestry, religion, national origin or disability? Are they non-discriminatory? Do you have educational or training programs sponsored or financed for the benefit of employees or prospective employees. a. 47 How many people participate in these programs? bo 20 How many are minorities? 4.Q No 5.~ No Does your employment advertising state you are an equal opportunity employer? Are any apprentices obtained from sources outside the employer’s work force? If yes, have you circulated information about apprenticeship openings or opportunities to the following. State Employment Offices PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-5 AFFIRMATIVE ACTION GUIDELINES SECTION 00820 (~No Newspapers or other media High Schools, including those in minority group areas. Local trade or vocational schools, including those with minor!ty group students. (~No Agencies or organizations specializing in minority employment. Federal or State apprenticeship representatives. Who? Others 6. Yes If you are a prime contractor, have all subcontractors covered by these compliance inspection reports been instructed as to their contractual obligations relating to non-discrimination provisions of city of Palo Alto Contracts? Explain IxT/A 7.(~ No o Have all recruitment sources been advised that all qualified applicants will receive consideration for employment without regard to sex, race, color, ancestry, religion, national origin, or disability? Identify (names and addresses) the employment agencies, personnel recruitment organizations, newspaper advertising or other non-union sources from which the company recruits its personnel. See al:t.ac.tz~ Part IV--Union/Crafts Information 1. Yes("~ Have you a collective bargaining agreement with a labor union or other , organization? If yes, specify the Union(s) or organization(s) Have you advised the labor union and/or worker organization of the company’s responsibility under the non-discrimination provisions of City contracts. PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-6 AFFIRMATIVE ACTION GUIDELINES 3. N/A % SECTION 00820 Approximately what percentage of your employees covered by union agreements are referred by or hired through the unions? Explain procedure for hiring balance. 4. YesO Does the company’s collective bargaining agreement or other contract or understanding with a labor union (or unions) or other worker’s organization include a provision for non-discrimination in employment? Is .there any labor union or worker’s organization policy which prevents you from fulfilling your obligations under the non-discrimination provisions of City contracts? If so, specify.. Specify the trade(s) or craft(s) involved in this contract. Use this space for comment on any answers you have supplied. Note: In compliance with the Americans with Disabilities Act (ADA) of !990, this document may be provided in other accessible formats. For information, contact: Dianah Neff, ADA Director, City of Palo Alto (415) 329-2313 (voice) or (415) 328-1199 (TDD). PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-7 AFFIRMATIVE ACTION GUIDELINES SECTION 00820 Name of Firm Project Name DATE:__,~r~_ 11 : RACIAL NIA,KEUP OF REPORTING UNIT Oresnfield Servioes ~ticn Submitted by Iaura T_aTa~ Contract #(Indicate only for monthly report, No. 3) Three types of breakdown are required. This form is used for all three. (Check--v’) [~ -1-Permanent makeup of company. r-I -3-Monthly report fo~._____. .19 [] -2-Estimated makeup for this project. .. Submit once per month for duration of project. 1 = Permanent. 2 = Estimate for project. Be sure to include all employees in first column, not just minorities. required to be filled in and submitted with Compliance Report. Female Black 3 = Monthly only. N0s. 1 and 2 below ar~ CATEGORIES Category = Management Professionals Clerical-Office Field Supervisor Em 1 5 ii 15 ~loyees , 2 3 1 3 1 7 2 3 ¯ Asian American 3 American Indian 1 2 3 1 2 Spanish Surnamed 1 2 3 1 2 1 2 Skilled - List: a. b. Drivers 5 4 c. Sales 2 1 Unskilled - List: a. b. C, Total of Above:47 12 2 1 12 The data below should also be included in the categories above. This is for On Job Training: a.White Collar b.Production This report must be completed by contractor and each subcontractor. The term "Spanish Surnamed" includes all persons of Mexican, Puerto Rican, Cuban, Latin American or Spanish origin. Report only employees enrolled in formal on-the-job training programs. END OF SECTION PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-8 At~t # 1 Westem Staff Services 4411 Meromy Street, Suite 207 San Diego, CA 92111 (619) 42247112 Volt Temporary Services 8911 la Mesa Blvd., # 105 la Mesa, CA 91941 (619) 464-7081 3110 Cardno Del Rio South, Suite A-314 San Diego, CA 92108 (619) 285-9800 Select Stafiing Services 8058 ~t l~esa Blvd. San Diego, CA 92111 (619) 492-9995 3111 Ca~d_r~ De1 Rio l~brth San Diego, CA 92108 (619) 285-9700 (3~0) 441-2800