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HomeMy WebLinkAbout1999-07-26 City Council (14)of Palo Alto p rt TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS 4 DATE:JULY 26, 1999 CMR:312:99 SUBJECT:APPROVAL OF AGREEMENT WITH SAFETY-KLEEN CALIFORNLA INCORPORATED IN THE AMOUNT OF $380,000 FOR HOUSEHOLD AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR HAZARDOUS WASTE MANAGEMENT PROGRAM SERVICES RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute the attached eleven-month agreement with Safety-Kleen California Incorporated, in the amount of $380.000, with option for an additional two years in the amount of $420,000 per year, to provide services for the Household and Conditionally Exempt Small Quantity Generator Hazardous Waste (HHW and CESQG) Management Progams. Authorize the City Manager or her designee to exercise the option to renew the aueement for the (second and/or third 3;ear) provided the proposed cost of the renewal aueement does not exceed the Consumer Price Index for all urban consumers (San Francisco - Oakland - San Jose, CA), the consultant is responsive to the Citv’s needs, and the quality of the consultant’s work is acceptable during the first vear of the aueement (and/or other conditions which will determine the City’s willingness to renew the aueement). DISCUSSION Prqiect Description The work to be performed under the a~eement involves providing monthly HHW management services, including mobilizing appropriate equipment and personnel to operate the monthly one-day residential collection events, and providing hazardous waste packaging. transportation and disposal services. The work to be performed also includes the operation of a hazardous waste collection pro~am for businesses in the Palo Alto Regional Water Qualit3 CMR:312:99 Page I of 3 a hazardous waste collection pro~am tbr businesses in the Palo Alto Regional \Vater Quality Control Plant (PARWQCP) service area that qualifies 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 1-br the sen,ice is recovered tl~ough charges assessed by the contractor to participating businesses. Selection Process During the request for proposal (RFP) process, there were delays in issuance of the RFP because of increased time required to review the scope of work and the insurance requirements. The delays left insufficient time to make the contractor selection and put the new a~-eement in place, prior to the fiscal year-end. Consequently, the previous three-year agreement was extended an additional month, through July 1999. to insure the smooth transition to the new a~eement. As a result, the term of the new agreement tbr the first \ear will be eleven months for $380,000. with years two and three, if approved, at $420.000 per year. Staff sent a request for proposals (RFP) to eight consulting firms on May 10, 1999. Firms were given sixteen days to respond to the request. A total of five firms submitted proposals. ~S,_~.7,1 to $3"~ 80"7 pe~" average monthly event. Those firms notProposals ran~ed fiom "~ ~_. , responding indicated that they did not submit a proposal, because they could not comply with the insurance requirements, they were not in business anymore or they could not provide the ~11 range of services sought. A selection advisorx committee consisting of five Public Works-Operations staff experienced with the City’s existing HHW program, reviewed the proposals. The committee carefullx reviewed each firm’s qualifications and submittal in response to the ~P relative to the following criteria: evaluation of company and staff experience and qualifications: verification of client rei~rences for experience and performance of HHW and CESQG pro~ams; examination of each fim~’s regulatory compliance record: detailed review of operation and health anti saI~tv plans: and overall proposal quality and completeness. Sat~tv-Kleen CalitBrnia Incorporated was selected lbr its experience, ability to meet the criteria established in the RFP, and cost ef*)ctiveness of the proposed t)es relative to the services provided. RESOURCE IMPACT Funds tbr this project are included in the FY 1999-00 Refuse Fund Budget. POLICY IMPLICATIONS Approval of this agreement is consistent with existing policies. ENVIRONMENTAL REVIEW The HHW pro~am was addressed il-i tile negative declaration for tile Source Reduction and Recy’cling Element and Household Hazardous \Vaste Element approved bv Council on June 6. 1991 (Negative Declaration No. 91-EIA-12). The CESQG progam was addressed in the CMR:312:99 Page 2 of 3 negative declaration for the implementation of the progam approved by Council on J~ne 24, 1993 (Negative Declaration No. 93-EIA-22). ATTACHMENTS Attachment A" Agreement PREPARED BY: DEPARTMENT HEAD :~ /~ ~" GLENN S. ROBERTS Director of Public Works Sean Kennedy;, Manager, Environmental Control Programs CITY b@kNAGER APPROVAL: EMII2Y HARRISON Assistant City, Manager Page ~ or3 ATTACHMENT A AGREEMENT BETWEEN THE CITY OF PALO ALTO AND SAFETY-KLEEN CALIFORNIA INCORPORATED 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 July, 1999, by and between the CITY OF PALO ALTO, a California municipa! corporation hereinafter referred to as "CITY," and SAFETY-KLEEN CALIFORNIA INCORPORATED (Taxpayer Identification Number 65-0121392), a California corporation, with offices at 9275 Trade Place, Suite H, San Diego, CA 92126, 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 disposa! 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 their covenants, the parties hereto agree as follows: mutual SECTION ] -DEFINITIONS The term "CITY" as used in this Agreement shall mean and include al! the territory lying within the municipa! 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. 99~721 10677-00006 is 1094802.1 0) 1.2 C~ty Manager The term "City Manager" shall mean the duly appointed City Manager of the City of Palo Alto, California, or her designated representative. 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. 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 The City Manager shall be the representative of CITY for all purposes under this Agreement. SEAN KENNEDY is designated as the PROGRAM MANAGER for the City Manager, and he shal! supervise the progress and execution of this Agreement, and shall be assisted by RON ARP, the ASSISTANT PROGRAM MANAGER. 2.2 ~ CONTRACTOR shall assign a single PROGRAM DIRECTOR to have overal! responsibility for the progress and execution of this Agreement for CONTRACTOR. LAURA TAMAYO 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 shal! be subject to the prior approval of the PROGRAM MANAGER. SECTION 3 -DUTIES OF CONTRACTOR 3.1 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 A. 3.2 Laws to be Observed With respect to the laws to be observed in connection with this Agreement, CONTRACTOR shall fully comply with al! of the requirements set forth in Exhibit A. CONTRACTOR shall further: 3.2.!Prepare and maintain all necessary plans, 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 lawfu! prosecu- tion of the services to be performed and the Programs to be provided by CONTRACTOR under this Agreement; 3.2.2Keep itself fully informed of all existing and future federa!, state, and !ocal 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; 3.2.3At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of the laws, ordinances, regulations, orders and decrees mentioned above; and 3.2.4Immediately report to the PROGRAM MANAGER in writing any discrepancy or inconsistency it discovers in the 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 shal! be the property of CITY and shal! 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 Informatio~ 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 shal! provide such additiona! copies as are requested and CITY shal! compensate CONTRACTOR for the costs of duplicating such copies, at CONTRACTOR’s cost. 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 Qualifications 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 Three Hundred Eighty Thousand Dollars ($380,000) for the first year and Four Hundred Twenty Thousand Dollars ($420,000) for the second and third 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 amended. The Participants shal! 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 252i8.1(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. SECTION 5 - DUTIES OF CITY below: CITY shall provide all specified services as set forth 5.1 CITY shall provide designated space at the P~_RWQCP (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 !ocal 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 August i, 1999, and shall continue in full force and effect until June 30, 2002 unless it is sooner terminated as provided herein. The City Manager may extend the term of this agreement by thirty (30) days to allow for the small transition to a new contractor. 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 annua! appropriation of sufficient funding for the Agreement in each subsequent year. CITY and CONTRACTOR shall negotiate with each other concerning the potentia! annual renewa! of this Agreement within ninety (90) days of the expiration of the Agreement’s then current term. SECTION 7 -TEMPORARY SUSPENSION The City Manager shall have the authority in her discretion, with or without cause, to immediazely suspend this Agreement, wholly or in parz, for such period as he or she deems necessary. SECTION 8 -TERMINATION OF AGREEMENT 8.1 CITY’s Right 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 shal! 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 substantia! failure of performance by CITY under this Agreement. SECTION 9 -ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES Both parties shall give their personal attention to the faithfu! 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 shal! 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. 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 ful! compensation. CONTRACTOR shal! give its personal attention to the fulfillment of the provisions of this Agreement by al! of its employees and subcontractors, if any, and shall keep the work under its contro!. 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 be discharged immediately from the work under this Agreement on reasonable demand of the PROGRAM MANAGER. SECTION 1O -..NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mai!, addressed as fol!ows: 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 PROGRAM 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 shal! not acquire any interest, direct or indirect, financia! 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 emp!oyed. 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 harmless CITY, its Counci! members, officers, agents and employees from any and a!l demands, claims, or liability of any nature, including death or injury to any person, property damage or any other !oss, 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 Agreemen<o CONTRACTOR’s obligations under this Section 12 include the obligation to protect, indemnify, hold harmless and defend CITY, its Counci! members, officers, agents and emp!oyees from and against any and all claims, demands, liabilities, losses, damages, 7 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., ~6 9601-75, as amended); the Resource Conservation and Recovery Act (42 U.S.C., ~ 6901-82, as amended); the Hazardous Waste Control .Act (Hea!. & Saf. Code, !S 25100- 25250.24, as amended); the Safe Drinking Water and Toxics Enforce- ment Act (Hea!. & Saf. Code, ~ 25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Hea!. & Saf. Code, 25280-99.6, as amended); the Hazardous Substance Account Act (Heal. & Saf. 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, i~ 25300-25395, as amended); or any other local, state or federa! ordinance, statute or regulation that may now exist or hereinafter be enacted, or at common law. 12.2 CITY’s Obligation to Indemnify CONTRACTOR CITY agrees to protect, indemnify, defend and hold harmless CONTRACTOR, its officers, agents and employees from any and al! 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 Counci! 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 emp!oyer 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 14.1 Insurance Coverage 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 fol!owing 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 8 CONTRACTOR for or on behalf of CITY under the provisions of this Agreement: CONTRACTOR’s REOUIRED INS[IRANCE CO~RAGE MINIMUM LIMITS QF COVERAGE Commercial General Liability, including broad form contractual, products and completed operations and personal injury, bodily injury and property damage. Si,000,000 per occurrence and $2,000,000 in the aggregate o Comprehensive Automobile Liability, including owned, leased, hired, borrowed and non-owned automobiles, with deletion of pollution exclusion. $I,000,000 per accident for bodily injury property damage MCS-90 Endorsement, including environmenta! restoration coverage for accidents during transportation. Pollution Liability or Sudden and Accidenta! Pollution Liability. $5,000,000 per occurrence and $2,000,000 in the aggregate o Employer’s Liability $5,000,000 per accident and $I,000,000 each employee bodily injury by disease and $2,000,000 in the aggregate In addition, CONTRACTOR shall insure its subcontractors, if any, have adequate Pollution Liability insurance coverage. All insurance coverage required hereunder shall be provided through carriers with a Best rating of A:VII or higher that are 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. 14.2 Certificates Evidencing 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. Al! such certificates sha!l be subject to the prior approval of the Risk Manager and shall contain endorsements stating that, to the extent that CONTRACTOR is at fault or deemed to be at fault, the insurance is primary coverage and 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. The certificates shall evidence and name CITY as additional insured under the General Liability and Auto Liability 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 General Liability and Auto Liability policies in connection with the 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 Liabilizy 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 tota! amount of any damage, injury, or loss caused by the services performed under this Agreement, including after the Agreement has terminated or expired. SECTION IS -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, al! 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 federa!, state, or !ocal 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 shal! apply to, and shall bind, the heirs, successors, executors, administrators, assigns and subcontractors of both parties. I0 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 term, 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 shal! operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20 -NONDISCRIMINATION; PENAI,Ty 20.1 Dutv of CONTRACTOR Duty of CONTRACTOR No discrimination shall be made in the employment of persons under this Agreement because of the age, race, co!or, 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 al! requirements of the Palo Alto Municipa! 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 services from its subcontractors shall contain a provision substantially as fol!ows: "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) wi!l 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, sex or religion, disability or sexual preference of such person." Ii 20.2 Penalty for Discrimination If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federa! 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 cance! 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 federa!agency or officer sha!l 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 breach of contract, or both. SECTION 21 - ENFORCED DEIJAY; EXTENSION In addition to specific provisions of the Agreement, performance by any party hereunder shall not be deemed to be in default, where delays or defaults are due to the elements, accident, casualty, unavailability or delays in delivery of any product, fuel, service or materials, failure or breakdown of equipment, strikes or other labor disturbances, acts of the public enemy, orders or inaction of any kind from any governmenta!, military or civi! authority, war, insurrections, riots, epidemics, landslides, or acts of God, which are not within the contro! of the party claiming such inability or disability, which such party could not have avoided by exercising due diligence and care and regarding which such party shall use all reasonable efforts that are practically available to it in order to correct such condition. However, no party hereto shall be entitled to any extension of time pursuant to this Section 21 due to any event or condition caused by a party’s inherent financial condition or financial inability to pay its monetary obligations when due. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of time reasonable in light of the enforced delay. The extension of time shall commence to run from the time of the commencement of the cause, so !ong as the party claiming the extension has 12 notified the other party in writing of the nature~ of the matter constituting the enforced delay within thirty (30) days after the occurrence of the enforced delay. SECTION 22 AGREEMENT CONTAINS AI,I, UNDERSTANDINGS; This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes al! prior negotiations, representations, and agreements, either written or ora!. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR. SECTION 23 -GOVERNING LAW This Agreement shall be governed by the laws of the State of California. 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST:CITY OF PALO ALTO City Clerk Mayor APPROVED AS TO FORM: City Attorney APPRO~FED: Assistant City Manager Director, Administrative Services Director of Public Works SA~ETY-KLEEN CALIFORNIA INCORPORATED Taxpayer Identification No. ~-0!2!392 Risk Manager (Compliance with Corp. Code § 313 is required if the entity on whose behalf ~his contract Is signed is a corporation. In ~he alternatlve, a certified corporate resolution attesting tc the signatory authority cf the individuals signing in their respective capacities is acceptable) Attachments : EXHIBIT "A" : EXHIBIT "B": EXHIBIT "C" : EXHIBIT "D" : SCOPE OF SERVICES/DESCRIPTION OF PROGRAMS FEE SCHEDLFLE FOR H~ PROGRA~ INSbq~/uNCE CERTIFICATES NONDISCRIMINATION COMPLIANCE REPORT 9907~ I0677-00006 js 1094802 (0) CERTIFICATE OF ACKNOWLEDGMENT (Civil Code ~ 1189) )) ss. _ a Notary..Publ~icin ~nd for sai~ Co~y ~d S~a~e, pe~s6nal!~ appeared g~&~Al~ ~ ~ ~~ , personify ~o~ ~o me or proved to me on ~he basis of satisfac~o~ evid~ce to be ~he person(s) whcse name(s) ~/are s~scribed to ~he within inst~m~t ~d ac~owledged ~o me that ~/~hey executed the same .... ,..~r/thelr authorized capacity(ies), ~d t~t by ~/~heir si~ture[s) on ~he inst~men~ the person(s), or the entity upon behalf of which th~ perso~(m) acted, executed 5h~ ~nsu~men~. WITNESS my hand and official sea: Signature of EXHIBIT A SCOPE OF SERVICES/DESCRIPTION OF PROGRAMS EXHIBIT A -SCOPE OF SERVICES CITY OF PALO ALTO HOUSEHOLD AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR HAZARDOUS WASTE MANAGEMENT PROGRAMS A.OVERVIEW The City of Palo Alto requests Proposals for the operation of an ongoing monthly Household Hazardous Waste Management Program (HHW Program) and a Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste Management Program(CESQG Program). The City began periodic household hazardous waste (HHW) collection in 1983 and increased the program frequency to a monthly cycle in September 1991. In November 1993, the City implemented a CESQG Hazardous Waste Management Program (CESQG Program). The CESQG Program is operated in conjunction with but separately from the HHW Program. Descriptions of the HHW Program and CESQG Program are presented below in Sections B.1 and C.1. This Request for Proposals also provides for 24-hour emergency response services as presented in Section D. This Request for Proposals is seeking the services of a qualified and experienced firm for household and CESQG hazardous waste collection and management services over a three-year period. This Request for Proposals provides for a one-year agreement with the option of extending the agreement annually for two additional years. The City of Palo Alto reserves the right to modify or cancel the agreement based on the Contractor’s performance and/or changes in appropriations for this work in each fiscal year’s budget as adopted by the Palo Alto City Council. The City shall negotiate the extensions of the agreement with the Contractor on an annual basis. The continuation of this agreement and the extension of the agreement over the three-year period are subject to the contractor’s performance on the programs and the City of Palo Alto’s allocation of funding for each fiscal year. 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. CITY OFPALO ALTO: (4/1999)RFPSECTIONII- Page 1 EXHIBIT A - SCOPE OF SERVICES B.SCOPE OF WORK FOR HOUSEHOLD HAZARDOUS WASTE PROGRAM 1.General Information Since 1983, Palo Alto has sponsored HHW collection events for its residents. Tables l a, l b, and lc provide general information regarding the number of participating residents and the quantities of waste that have been brought to recent collection events. Events are typically held on the first Saturday of each month from 9:00 a.m. to 12:00 noon and the two Fridays preceding the first Saturdays of April and September (Friday, September 9, 1999 and Friday, March 31, 2000) from 3:00 to 5:00 p.m. at the Palo Alto Regional Water Quality Control Plant (PARWQCP) at 2501 Embarcadero Way (see Figure 1). At these events, all HHW are collected from City residents, 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, household batteries, and automobile batteries). The collected HHW is packaged for shipping, and transported to approved Treatment, Storage, and Disposal Facilities (TSDFs). The HHW Program is conducted in compliance with 22 CCR 67450.4 and Permit by Rule regulations under 22 CCR 66270.60. HHW events scheduled through June 2000 are as follows: Saturday, July 10, 1999 Saturday, August 7, 1999 Friday/Saturday, September 10 &11,1999 Saturday, October 2, 1999 Saturday, November 6, 1999 Saturday, December 4, 1999 Saturday, January 8, 2000 Saturday, February 5, 2000 Saturday, March 4, 2000 Friday/Saturday, March 31/April 1, 2000 Saturday, May 6, 2000 Saturday, June 3, 2000 2.Services to be Provided by the Contractor 2.8 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 CITY OF PALO 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 ALTO: (411999) RFPSECTION II- Page2 EXHIBIT A -SCOPE OF SERVICES 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. 2.C The Contractor shall operate monthly HHW Program collection events including event preparation, tear down, and clean up in accordance with 22 CCR 67450.4, as amended, and all federal, state, and local laws and regulations. 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. 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. 2.e 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: CITY OF PALO ALTO: (4/1999)RFP SECTION II -Page 3 EXHIBIT A - SCOPE OF SERVICES 2.e.1 2.e.2 Hazardous waste manifests and bills of lading; Fully legible inventory forms indicating the contents of each labpacked drum and referencing a unique identification number for each drum; 2.e.3 State and federal land disposal restriction notification forms; 2.e.4 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, a reconciliation of manifests shall be processed which shall include a letter of explanation for any shipping or manifest discrepancies. Description of Fee Schedule Item 1 - Mobilization and Implementation 3.8 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 events, 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; CITY OF PALO ALTO: (411999)RFPSECTIONII- Page4 EXHIBIT A -SCOPE OF SERVICES 3.a.2 Full compensation for disposal of contaminated equipment (plastic sheeting, PPE, etc.) generated during the event; and 3.a.3 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.). 3.b The Contractor shall provide qualified personnelas 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 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 fifteen (1 5) 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 that 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. CITY OF PALO ALTO: (4/1999)RFP SECTION II - Page 5 EXHIBIT A - SCOPE OF SERVICES 3.b.4 Unless approved by the 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, distributing 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. Description of Fee Schedule Items 2 through 27 Packaging, Transportation and Disposal 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 under Packaging, Transportation and Disposal shall 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 incineration/destruction 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 shall specify the alternate disposal method on the Fee Schedule. Flammable liquids shall be bulked on-site unless otherwise approved by the Program Manager. Latex and oil-based paints shall be bulked, or if approved by the Program Manager, loose packed. All other wastes shall be either lab-packed or loose packed in accordance with al! applicable federal and state laws and regulations. CITY OF PALO ALTO: (4/1999)RFP SECTION II - Page 6 EXHIBIT A -SCOPE OF SERVICES If the Contractor 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), the Contractor shall provide sufficient detail in the proposal to evaluate the cost and operational efficiencies and appropriateness of the alternate packaging methods proposed. Emptied steel cans from latex paint bulking operations shall either be managed by the Contractor through steel can recycling (Fee Schedule item 6a) or will be disposed of by the City. The City will dispose of non- steel cans from latex paint bulking operations. Emptied steel cans from oil-based paint and flammable liquid bulking operations shall either be managed by the Contractor through steel can recycling (Fee Schedule item 6a) or by the Contractor through other means subject to the approval of the Program Manager. The Contractor shall dispose of non- steel cans from oil-based paint and flammable liquid bulking operations. 5.Equipment/Information Provided by the City The City shall provide the following: 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. C.SCOPE OF WORK FOR CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR PROGRAM 1.General Information 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). Table 2 provides general information regarding the number of participating businesses and the quantities of waste CITY OFPALO ALTO: (4/1999)RFPSECTION II- Page7 EXHIBIT A -SCOPE OF SERVICES that have been brought to recent CESQG collection events. 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 Program 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. A copy of the form currently used for CESQG registration is shown on Figure 2. 2.Services to be Provided by the Contractor 2.8 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. 2.b 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. 2.C The Contractor shall have the sole responsibility for the identification, segregation, packaging, transporting, and disposal of the wastes CITY OFPALO ALTO: (4/1999)RFPSECTION II- Page8 EXHIBIT A - SCOPE OF SERVICES 2.d collected through the CESQG Program. The Contractor shall hold title to and ownership of the wastes collected through the CESQG Program. 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. Service Area The service area for the CESQG Program shall include the communities of Palo Alto, East Palo Alto, Los Altos, Los Altos Hills, Mountain View, and Stanford. Requirements 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. Fees 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. CITY OF PALO ALTO: (4!1999)RFPSECTIONII- Page9 EXHIBIT A - SCOPE OF SERVICES 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. Record Keeping 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 Program collection event. Each report shall include, at a minimum, the following: 8.8 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. Additional information and certifications consistent with the sample CESQG registration form shown as Figure 2 shall also be provided. 8.b Volume and types of wastes collected by DOT Hazard Class; and 8.c Copies of all uniform hazardous waste manifests, bills of lading for CITY OFPALO ALTO:(4/1999)RFPSECTIONII- Page 10 EXHIBIT A -SCOPE OF SERVICES 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. 9.Program Publicity The City will provide advertising 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 option, the City may provide coordinated efforts with the Contractor to facilitate effective Program publicity. 10.Mandatory Approvals 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 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. 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, Operator and Generator Status 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; CITY OFPALO ALTO: (411999)RFPSECTIONII- Page 11 EXHIBIT A - SCOPE OF SERVICES 11.a.2 11.a.3 11.a.4 Responsibility for transporting of, including arranging for transportation of all wastes managed under the CESQG Program hereunder; Arranger status for the disposal of all wastes collected and managed under the CESQG Program hereunder; and Operator and generator status for all wastes collected and managed through 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 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 on a time and materials basis in accordance with the Contractor’s standard schedule of fees. CITY OF PALO ALTO: (4/1999)RFP SECTION II - Page 12 EXHIBIT B FEE SCHEDULE FOR HHW PROGRAM c ~ ZS~ zz zz o ~o co oo co o ooo o ooo.u J C ~0 0 o o o © o ~o C~ ~o Z ~ ~ Z Z Z Z ~Z Z ~-Z 0 0 0 0 0 ¯0 0 ¯0 0 0 0 0 0 0 0 0 0 0 0 0 0...J _J _J ._J .-J z~ Z z ~ 0 n t- r-n Z 0 oo 0 0 o oo 0~ o oo_J o ~r~0o_.J 0 o o 1.0 o o o oo o o u~t~3 o o o u~~0 o o ooo 0 000_J _J oo_J I I 0 ~ d o oo 5 Z c ._1 o ..c L E Z LU Z o o © (DO o o o o c o, oo~o° Safety-Kleen Emergency Response Rate Schedule Safety-Kleen Services, Inc. (Safety-Kleen) engages in emergency hazardous waste clean-up activities for a number of customers throughout the United States. All Emergency Response Operations are performed in accordance with Safety-Kleen’s Health & Safety Policy and Procedures Manual, Injury & Illness Prevention Program, and Standard Operating Procedure specifically written for emergency response operations. Safety-Kteen Services, Inc. (Safety-Kleen) engages in emergency hazardous waste clean-up activities for a number of customers throughout the United States. All Emergency Response Operations are performed in accordance with Safety-Kleen’s Health & Safety Policy and Procedures Manual, Injury & Illness Prevention Program, and Standard Operating Procedure specifically written for emergency response operations. The Safety-Kleen Emergency Response Rate Schedule is as follows: Personnel Project Supervisor Field Chemist Field Technician Administrative Clerk $65.00/hour $55.00/hour $50.00/hour $25.00/hour Per Diem $100.00/person/day Emergency Mobilization $1,500.00/one time Hourly rates will be charged on a portal-to-portal basis with a four-hour minimum. A premium rate of time-and-one-half will be assessed after 4 p.m. and 7 p.m. hours on weekdays and all day on Saturday, Sunday or Holidays. In certain high-cost areas, per diem will be on a cost plus 20% basis. \Pricing\ERRates Page 1 Approved 5-21-98 Modified 4/9/99 Safety-Kleen Emergency Response Rate Schedule Analytical Field Characterization Small Quantity Wastes (5 gallons or less) Bulk Quantity Wastes (more than 5 gallons) $65.00/container $200.00/sample Full Laboratory Analysis All Analyses Cost Plus 20% Waste Profiles Waste Profile Waste Renewal Waste Profile - Rush $200.00/waste stream $50.00/waste stream $800.00lwaste stream Field Service Chemists will perform field fingerprint analysis tests when necessary in order to determine if container samples may be composited as the same waste stream or to determine the appropriate Disposal Facility for a particular waste. A non-lab pack or "bulk" waste is defined as any waste found in a container of greater than five gallons in size. Equipment Personal Protective Equipment Level D Level C Level B Level A $35.00/person/day $50.00/person/day $200.00/person/day $400.001person/day Vehicles Bobtail Truck Step Van Pick-up Truck/Passenger Van Semi-Tractor Storage Van Tanker $175.00/d ay $100.00/day $75.00/day $175.00/day $100.00/day $100.00/hour \Pricing\ERRates Page 2 Approved 5-21-98 Modified 4/9/99 Safety-Kleen Emergency Response Rate Schedule Supplies Steel Drum 110 gallons 85 gallons 55 gallons 20 gallons 16 gallons 5 gallons Polyethylene Drum 95 gallons 85 gallons 55 gallons 55 gallons 30 gallons 30 gallons 20 gallons (open head) 5 gallons (open head) 5 gallons (closed head) .$350.00/each $165.00/each $50.00/each $45.00/each $45.00/each $20.00/each $170.00/each $155.00/each (open head)$47.00/each (closed head)$65.00/each (open head)$45.00/each (closed head)$45.00/each $35.00/each $20.00/each $15.00/each Wooden Crate (DOT 15A) Triwall Box (one cubic yard) Poly Box (DOT 33A) Fiber Box (DOT 12B) Polyethylene Drum Liners (any size) Overpack Bottles 1 gallon 1 quart 1 pint Absorbent Sample Kit Label Kit!QC Seal Bin Liner All Other Supplies $55.00/each $165.00/each $20.00/each $20.00/each $10.00leach $4.00/each $3.50/each $3.00/each $8.00/bag $45.00/sample $5.00/container $100.00lliner Cost plus 25% \Pricing\ERRates Page 3 Approved 5-21-98 Modified 4/9/99 Safety-Kleen Emergency Response Rate Schedule Safety-Kleen Services, Inc. (Safety-Kleen) engages in emergency hazardous waste clean-up activities for a number of customers throughout the United States. All Emergency Response Operations are performed in accordance with Safety-Kleen’s Health & Safety Policy and Procedures Manual, Injury & Illness Prevention Program, and Standard Operating Procedure specifically written for emergency response operations. Safety-Kleen Services, Inc. (Safety-Kleen) engages in emergency hazardous waste clean-up activities for a number of customers throughout the United States. All Emergency Response Operations are performed in accordance with Safety-Kleen’s Health & Safety Policy and Procedures Manual, Injury & Illness Prevention Program, and Standard Operating Procedure specifically written for emergency response -. operations. The Safety-Kleen Emergency Response Rate Schedule is as follows: Personnel Project Supervisor Field Chemist Field Technician Administrative Clerk $65.00/hour $55.001hour $50.00/hour $25.00/hour Per Diem $100.00/person/day Emergency Mobilization $1,500.00/one time Hourly rates will be charged on a portal-to-portal basis with a four-hour minimum. A premium rate of time-and-one-half will be assessed after 4 p.m. and 7 p.m. hours on weekdays and all day on Saturday, Sunday or Holidays. In certain high-cost areas, per diem will be on a cost plus 20% basis. \Pricing\ERRates Page 1 Approved 5-21-98 Modified 4/9/99 Safety-Kleen Emergency Response Rate Schedule Analytical Field Characterization Small Quantity Wastes (5 gallons or.less) Bulk Quantity Wastes (more than 5 gallons) $65.00/container $200.00!sample Full Laboratory Analysis All Analyses Cost Plus 20% Waste Profiles Waste Profile Waste Renewal Waste Profile - Rush $200.00/waste stream $50.00/waste stream $800.00/waste stream Field Service Chemists will perform field fingerprint analysis tests when necessary in order to determine if container samples may be composited as the same waste stream or to determine the appropriate Disposal Facility for a particular waste. A non-lab pack or "bulk" waste is defined as any waste found in a container of greater than five gallons in size. Equipment Personal Protective Equipment Level D Level C Level B Level A $35.00/person!day $50.00/person/day $200.00/person/day $400.00/person/day Vehicles Bobtail Truck Step Van Pick-up Truck/Passenger Van Semi-Tractor Storage Van Tanker $175.00/day $100.00/day $75.00/day $175.00/day $100.00/day $100.00/hour \Pricing\ERRates Page 2 Approved 5-21-98 Modified 4/9/99 Safety-Kleen Emergency Response Rate Schedule Supplies Steel Drum 110 gallons 85 gallons 55 gallons 20 gallons 16 gallons 5 gallons Polyethylene Drum 95 gallons 85 gallons 55 gallons 55 gallons 30 gallons 30 gallons 20 gallons (open head) 5 gallons (open head) 5 gallons (closed head) $350.00/each $165.00/each $50.00/each $45.00/each $45.00/each $20.00/each $170.00/each $155.00/each (open head)$47.00/each (closed head)$65.00Ieach (open head)$45.00/each (closed head)$45.00/each $35.00/each $20.00/each $15.00/each Wooden Crate (DOT 15A) Triwall Box (one cubic yard) Poly Box (DOT 33A) Fiber Box (DOT 12B) Polyethylene Drum Liners (any size) Overpack Bottles 1 gallon 1 quart 1 pint Absorbent Sample Kit Label Kit./QC Seal Bin Liner All Other Supplies $55.00/each $165.00/ea ch $20.00/each $20.00/each $10.00/each $4.00/ea ch $3.50/each $3.00/each $8.00/bag $45.00Isample $5.00/container $100.00/liner Cost plus 25% \Pricing\ERRates Page 3 Approved 5-21-98 Modified 4/9/99 EXHIBIT C INSURANCE CERTIFICATES ACORD. PRODUCER M/24S !NTERNATION~L, LTD. 901 DULANEY VALLEY RD # 610 ~ ~ON MD 21204 CERTIFICATE OF LIABILITY INSURANCe,s3¯08/14/98 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PuNo. 410--296--1741 "~,.ICIA M. BUSCE~i .,on, No.410-296-1500 INSURED SA_~ETY-Ki~EN (CALIFORNIA), INC. 9275 Trade Place, Ste. H S~n Diego, CA 92126 COMPANIES AFFORDING COVERAGE COMPANY A COM PA.WY B COMPANY C COMPANY D NATIONAL UNION FIRE INS. CO. INSITRANCE CO OF TEE ST. OF PA. RELIANCE NATIONAL IND£/4NITY CO COVERAGES THIS IS TO CERTIFY THAT THE ~ES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING A,WY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM ENT WITH RESPECT TO WHICH THIS C ERTIFICATE MAY BE ISSUED OR MAY PERTAJN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERBN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA/D CL.AJMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTN~POLICY EXPIRATIONLTRDATE (M M/DI::V~DATE (M M!DD/YY} A X ! C~OMMERC~L GENERAL LLA~LITY RMGL6122027 09/01/98 09/01/99 __~1 __~ CLAIMS MADE ~-~ OCCUR ~OWNER’S & CONTRACTOR’S PROT M~IfTS tGENERAL AGGREGATE PRODUCTS - COMPIOP AGG PERSONAL & ADV INJURY[~CH ~CURRENCE RRE DAMAGE (Any on= ! MED EXP (Any on= COMBINED SINGLE LIMrT $5,000,000 iBODILY INJURY(Per person) iBODILY INJURY(Par accident)$ PROPERTY DAMAGE $ f AUTO ONLY - EA ACCIDEArT t OTHER THAN AUTO ONLY: EACH ACCIDF-NT $ AGGREGATE i EACH OCCURRENCE s 5,000,000IAGGREGATEI s 5,000,000 x Iwc STATU- I iO~’iTORY LIMITS EL EACH ACCIDENT I1 5,000,000 EL D~SEASE-POUCY LIMn" I $ 5, 000 , 000 EL DISEASE- EA EMPLOYEE ’, $ 5, 000 , 000 AUTOMOBILE LIABILITY X i ANY AUTO RMCA3209210 X i ALL OWNED AUTOS X I SCHEDULED AUTOS X_~ HIRED AUTOS [ ! NON-OWNED AUTOS ¯~-] MCS-90 1 GARAGE LIABILFCf I , ANY AUTO ~_~ESS LIABIUTY i XS UMBRELLAFORM BE9323273 N/A TO I t OTHER THAN UMBRELLA FORM WORKERS COMPENSATION,~AND INCL EMPLOYERS’ LtA BILITY THE PROPPJETOPJ X~RMWC3471448 i OFFICERS ARE:£XCL! OTHER POLLUTION LEGAL NTLI632647 CONTRACTORS Eh~IR NTF163278901 09/01/98 09/01/99 09/01/98 09/01/99 o9/ol/98 o9/oi/99 o9/ol/99 o9/ol/99 $i0,000,000 5,000,000 5,000,000 5,000,000 1,000,000 50,000 i0 MILL EACH/TOTAL 5/10 MILL PER OCC/AC~ o9/ol/98 o9/o1/98 iOESCRIPTIONOFOPE~ONSIL~A~ONSD,’EHICLE~SPECIALITEM5 E:~OR UPCOHIHG HOUSEHOLD ~OB: 1998/1999 CITY O~ ~ALO ALTO, ~UB~IC WORXSDEPARTMENT. CERTIFICATE HOLDER CITY OF PALO ALTO, PUBLIC WO.~KS DE P2~T~ENT ATTN: CHAD CENTOLA 3201 EAST BAYSHORE ROAD PALO ALTO, CA 94303 ACORD 25-S (1/95) CITYPI3 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAiL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE 3HALL IMPOSE NO OBLiGAT3ON OR LIABILITY OF ANY KiND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE FELICIA 1~, BUSC£!~.I " ACORD CORPORATION EXHIBIT D NONDISCRIMINATION COMPLIANCE REPORT PART Iii -CERTIFICATION OF NONDISCRIMINATION FORM 410 Project:Household Hazardous Waste Management Program Services Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto, the firm and indMduals listed below certify that they do not discriminate in employment with regards to age, race, color, religion, sex, national odgin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. Title of Officer Sic Signature DATE:sL?0_99 CITY OF PALO ALTO: CERTIFICATION OF NONDISCRIMINATION RFP #115304