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HomeMy WebLinkAboutStaff Report 252-07City of Palo Alto City Manager’s Report TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER MAY 21, 2007 DEPARTMENT: PUBLIC WORKS CMR:252:07 APPROVAL OF AN ENTERPRISE FUND CONTRACT WITH CLEAN HARBORS ENVIRONMENTAL SERVICES IN THE BASE AMOUNT OF $234,576 FOR PROVISION OF SERVICES FOR TRANSPORTATION AND DISPOSAL OF ASH FOR THE REGIONAL WATER QUALITY CONTROL PLANT 6 RECOMMENDATION Staff recommends that Council: Approve and authorize the City Manager or his designee to execute the attached contract with Clean Harbors Environmental Services (Clean Harbors) in the amount of $234,576 for provision of services for transportation and disposal of ash for the Regional Water Quality Control Plant (Attachment A). °Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Clean Harbors Environmental Services for related, additional but unforeseen work which may develop during the project; the total value of which shall not exceed $23,458 per year. Authorize the City Manager or his designee to exercise the option to renew the contract for the second and third year at a three percent increase per year provided the contractor is responsive to the City’s needs and the quality of the contractor’s work is acceptable during the prior year(s) of the contract. DISCUSSION Background The RWQCP produces about three tons/day of ash from its sewage sludge incinerators. Currently the ash is used as a soil amendment on farmland in Merced County, California. Recently the copper concentration in the ash has increased slightly, and the average is now just above the hazardous waste threshold value. Therefore, the ash must be managed as a hazardous waste and placed in a hazardous waste landfill until another solution is found. Staff is studying why the copper has increased but has not been able to definitively determine the causes. CMR:252:07 Page 1 of 3 Staff is exploring reuse options, but this work will take time, and a change must be made immediately to insure compliance with the State’s hazardous waste regulations. Staff is also conducting a study to demonstrate that the ash (while technically over the copper hazardous waste threshold) is beneficial to soil and that application on farmland is desirable. This will also take a substantial amount of time to complete. Stock piling onsite while the studies are being done is not viable for logistical and regulatory reasons. Description of Contract Services Clean Harbors will transport the ash to its hazardous waste landfill near Buttonwillow in Kern County, California. The Buttonwillow landfill is fully permitted to receive hazardous waste. While Kern County has adopted restrictions on the importation of wet sludge (biosolids) from sewage treatment plants, the disposal of ash in a hazardous waste landfill is not restricted. If and when the copper concentration falls below the hazardous waste threshold level, ash placement on farmland could resume. If and when, staff identifies a superior (and viable) reuse option it will be employed. Process A request for quotation for the project was posted at City Hall and sent to four bidders. The bidding period was 21 days. Bids were received from two qualified contractors on March 13, 2007, as listed on the attached bid summary (Attachment B). Staff has reviewed all bids submitted. Bids ranged from a high of $234,575 (Clean Harbors) to a low bid of $212,1278 (Romic Environmental). On May 14, 2007 Romic Environmental withdrew its bid. The remaining (Clean Harbors) bid is 2.7 percent below the engineer’s estimate of $241,153. Staff recommends that the bid of $234,576 submitted by Clean Harbors be accepted and that Clean Harbors be declared the lowest responsible bidder. Clean Harbors is currently the City’s prime contractor managing the City’s other hazardous wastes. Staff checked references supplied by the contractor for previous work performed and found no significant complaints. Staff also checked with the Contractor’s State License Board and found that the contractor has an active license on file. Bid Name/Number Proposed Length of Project Number of Bids Mailed to Contractors Number of Bids Mailed to Builder’s Exchanges Total Days to Respond to Bid Pre-Bid Meeting? Number of *Bids Received: Bid Price Range *Bid summary provided in Attachment C. Summary of Bid Process Transportation and DisPOsal of Ash/RFQ 121081 12 months 4 0 21 No 2 From a low of $212,127.50 to a high of $234,575.22 Attachment B. The Certification of Nondiscrimination is CMR:252:07 Page 2 of 3 RESOURCE IMPACT Funds for the first year of the contract have been appropriated in the FY 2006-2007 Wastewater Enterprise Funds. Fund for years two and three are contingent upon Council approval of the budget for each subsequent year. POLICY IMPLICATIONS This recommendation does not represent any change to existing City policies. ENVIRONMENTAL REVIEW The recommended action is exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301 (b), which exempts negligible expansion of an existing use including operation of publicly-owned sewerage services, structures, facilities, mechanical equipment, or topographical features. ATTACHMENTS Attachment A: Contract AttachmentB: Bid Summary Attachment C: Certification of Nondiscrimination PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: James Allen, Project Engineer RWQCP ,~e~~Compliance GLENN S. ROBERTS Direct~ Publi.~orks EMILY’I~q~ARR~s 0N ’ -- Assistant City Manager CMR:252:07 Page 3 of 3 CONTRACT C07121081 GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on the day of May, 2007, by and between the CITY OF PALO ALTO (" CITY"), and CLEAN HARBORS ENVIRONMENTAL SERVICES, a Massachusetts corporation with offices located at 1040 Commercial Street, Suite 109, San Jose, CA 95117 ("CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 50 SERVICES. CONTRACTOR shall provide or furnish the services ("Services") described in the Scope of Services, attached as Exhibit A. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: ~ "A" - Scope of Services ~ "B" - Schedule of Performance (NOT US~.D) F¢ "C" - Compensation W___ "D" - Insurance Requirements Certificate I’~ "E" - Discrimination Compliance Form t~ "F" - Performance and/or Payment Bond (NOT 1- "G" Liquidated Damages (NOT USED) USED) CONTRACT IS NOT COMPLETE UNLESS ALL EXHIBITS ARE A TTACHED. TERM. (a) The term of this Agreement is from May xx, 2007 to May xx, 2008, inclusive, subject to the provisions of subsection 3.(b) and Section R of the General Terms and Conditions. (b)CITY has the right to extend the term Of this Agreement for two (2) additional one year periods (the "Additional Terms"), based upon the same conditions of the initial term, subject to adjustments for compensation as set forth in Section E of the General Terms and Conditions. CITY shall notify CONTRACTOR in writing of its exercise of its option for an Additional Term not less than thirty (30) days prior to the end of the then current term. CITY’s exercise of its right to extend the term of this Agreement is not a waiver of the "time is of the essence" provision in Section 4. SCOPE OF WORK. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Scope of Services, attached as Exhibit A. Time is of the essence in this Agreement. COMPENSATION. CITY shall pay and CONTRACTOR agrees to accept as not to exceed compensation for the full performance of the Services and reimbursable expenses, if any: A sum calculated in accordance with the fee schedule set forth in Exhibit C; not to exceed a total maximum compensation amount of Two Hundred Thirty-tbur Thousand Five Hundred Seventy-five Dollars and 22/100 ($234,575.22). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum Compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. The City has Set aside the sum Of Twenty-three Thonsand Four Hundred Fifty-eight 050809 sm 0100394 CONTRACT C07121081 Dollars ($23,458.00) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement. INVOICING. Send all invoices to the CITY, Attention: Mary Sekator, Public Works Department, Water Quality Control Plant Division, at 2501 Embarcadero Way, CA 94303 (Phone) 650-329-2598. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. 050809 sm 0100394 2 CONTRACT C07121081 GENERAL TERMS AND CONDITIONS A.ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 6 above, these general terms and conditions and the attached exhibits. Co QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled "SERVICES," and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. COMPENSATION DURING ADDITIONAL TERMS. CONTRACTOR’s compensation rates may be adjusted effective on the corrmaencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, may be increased by an amount not to exceed three (3) percent for each of the two (2) additional one year periods. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective, during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement. F.TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business. G.COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and 050809 sm 0100394 CONTRACT C07121081 Lo Oo equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for the life of the contract and shall survive the completion of the Services or termination of this Agreement. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will 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. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described in Exhibit D. Insurance must be provided by companies with a Best’s Key rating of A-:VII or higher and which are otherwise acceptable to the Ctiy’s Risk Manager. The City’s Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the City’s Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to CITY’s Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the CITY’s Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indenmify CITY under this Agreement. HOLD HARMLESS. To the fullest extent permitted by law, CONTRACTOR shah protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONTRACTOR, its officers, employees, agents or contractors under this Agreement, regardless of ~vhethez or not it is caused in part by an Indemnified Party. 050809 sm 0100394 4 CONTRACT C07121081 Po Ro St To Notwithstanding the above, nothing in this Section O. shall be construed to require CONTRACTOR to indemnify an Indemnified Party from Clain~s arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. The acceptance of CONTRACTOR’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section O. shall survive the expiration or early termination of this Agreement. NON-DISCRIMINATION. In the performance of this Contract, CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR agrees to meet all requirements of Palo Alto Municipal Code, Chapter 2.30 pertaining to nondiscrimination in employment, including completing the Non-Discrimination Compliance Form, attached hereto as Exhibit E, and incorporated herein by this reference. WORKERS’ COMPENSATION. CONSULTANT, 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, as applicable, before commencing and during the performance of the Services. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY, CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination if for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to Contractor’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of the CITY. No amendments, changes or variations of any kind are authorized without the written consent of the CITY. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Contract. CONTRACTOR further covenants that, in the performance of this Contract, it will not employ any person having such an interest. CONTRACTOR certifies that no City Officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Contract. CONTRACTOR agrees to advise CITY if any conflict arises. GOVERNING LAW. This contract shall be governed and interpreted by the laws of the state of California. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this 050809sm 0100394 CONTRACT C07121081 Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Mtmicipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section shall take precedence in th~ event of a conflict with any other covenant, term, condition, or provision of this Contract. THIS AGREEMENT SHALI~ BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WlTNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY~ MONTH, AND YEAR FIRST WRITTEN ABOVE. APPROVED AS TO FORM:CITY OF PALO ALTO Senior Asst. City Attorney X Assistant City Manager Purchasing Manager APPROVED: Dkector of Administrative Services :wvmo v :WrA B~..~ / / [ [ ""I ~ (If orpora~on: President or Vic~9,Pr~siden 0 (If corporation: Secretary or Tr[asurer) Taxpayer Identification No. (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation: In the alternative, a certified corporate resolution attesting to the signatory authority of the ¯ individuals signing in their respective capacities is acceptable) 050809 sm 0100394 6 CONTRACT C07121081 EXHIBIT A SCOPE OF SERVICES 1.1 BACKGROUND The Palo Alto Regional Water Quality Control Plant (RWQCP) operates a sewage sludge incinerator, which creates bottom ash. The sludge is thermally transformed into ash containing inorganic oxides. 1.2 PURPOSE This contract is for hauling and disposal of ash. The contractor is to maintain qualifications and licenses to haul the ash to a State of California Class 1-nonRCRA sanitary landfill. Bo The contractor shall transport and dispose of the ash in accordance with the terms and conditions of this contract. The Contractor shall be expressly designated by the Parties hereto as the transporter of, and the arranger for the disposal of all wastes to be transported, managed and disposed of under this contract. 1.3 CHARACTERISTICS OF ASH A. The RWQCP produces approximately 1211 dry tons of ash per year. B. For waste characterization, lab analyses are available upon request at no charge. 1.4 PACKAGING AND TRANSPORTATION The city will load the ash into a bin owned by the contractor and left at the plant site. The contractor shall provide two watertight, open-top, tarped bins for ash. One bin shall remain at the RWQCP and the other shall be used by the contractor for exchanges. The contractor shall deliver the bin to the RWQCP for the temporary storage of the ash. The city will place the ash into the bin and will notify the contractor for exchange of bin and disposal of the ash when the bin is sufficiently full and ready for disposal. The bin, each approximately 40 cubic yards, shall be water tight, lined, tarped, and suitable for transportation of the ash. No The city will notify the contractor two calendar days before the required disposal of the ash and bin exchange. Upon notice, the contractor shall at its expense, remove, transport, and dispose of the ash at a state approved, class 1-nonRCRA sanitary landfill site suitable for proper disposal of ash. Removal and exchange of the bins shall be between the hours of 7:00 a.m. and 7:00 p.m., upon city notification. Transportation shall be by licensed, registered hauler who complies with all local, state, and federal laws. EXHIBIT A PAGE 1 OF 4 CONTRACT C07121081 1.5 1.6 WEIGHTS AND ASSAYS A.The city will keep a record of the estimated weight or volume of each truck load of ash. At its expense, the contractor shall weigh each truckload of the ash received at its disposal site and submit the weight tags to the RWQCP. DOCUMENTATION, PERMITS AND INSURANCE A.The contractor shall maintain permits and insurance required during the term of this contract. Contractor shall provide all appropriate documentation, certifications and records for the transportation, management and disposal of Class 1 wastes and all applicable federal, state and local laws and regulations, including, but not limited to: 1. bills of lading or non-hazardous waste manifests 2.Class I waste manifests and continuation sheets 3.labpack inventory sheets 4.land disposal restriction notifications 5.Class I waste profiles 6.certificates of destruction, decontamination, disposal and/or recycling Appropriate copies of the documentation listed above as well as any other documents required by the City’s Project Manager shall be furnished to the City’s Project Manager at the time of waste shipment. Closed originals of all uniform hazardous (and non-hazardous) waste manifests signed by a duly authorized representative of the receiving Treatment/Storage/Disposal Facility (TSDF) shall be furnished to the City’s Project Manager within thirty (30) calendar days of waste shipment. This requirement shall survive the expiration and/or termination of the Agreement. Certificates of destruction, decontamination, disposal and/or recycling signed by a duly authorized representative of the receiving TSDF shall be furnished by the Contractor to the City’s Project Manager for all wastes to be managed under this contract within one hundred and eighty (180) calendar days of waste shipment. This requirement shall survive the expiration and/or termination of the Agreement. The Contractor shall, at all times during the transportation, storage, and disposal of wastes to be managed under this contract, know the location, condition and status of each item being managed. The Contractor shall make such information available in written progress reports to the City’s Project Manager upon request. The progress reports shall include a listing of items removed, referenced by an appropriate identification number and uniform Class I waste manifest number and a description of the location and status of wastes on date of the written progress report. EXHIBIT A PAGE 2 OF 4 CONTRACT C07121081 1.7 TERM Ao This contract provides for a one (1) year contract with the option of extending the contract annually for two (2) additional years. Extensions and continuation of this contract over the three (3) year period will be subject to the City’s continued allocation of funding for the program, at the City’s sole discretion. Price increases for the additional years are based on the amount listed in the bid and repeated below under "Prices." B.The City of Palo Alto reserves the right to modify or cancel the contract at the City’s sole discretion at any time during the term. Co The City does not expressly or by implication agree that the actual amount of work shall correspond to the 72 annual pickups or 1211 dry tons/year mentioned in the bid, but reserves the right to increase, decrease or modify the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the City’s Project Manager. 1.8 PROJECT MANAGER A. The project manager is James Allen, 650-617-3130. 1.9 PICKUP ADDRESS Ao Palo Alto Regional Water Quality Control Plant Attn: Operations Shift Supervisor or Senior Operator 2501 Embarcadero Way Palo Alto, CA 94303 650-329-2598 - phone 1.10 BILLING ADDRESS B°Palo Alto Regional Water Quality Control Plant Attn: Mary Sekator 2501 Embarcadero Way Palo Alto, CA 94303 650-329-2598 - phone 650-494-8395 - fax 1.11 PRICES AND ANNUAL INCREASES A. Standard prices shall be as follows: i.Disposal cost is $70/ton. ii.Transportation cost is $1,200/load. EXHIBIT A PAGE 3 OF 4 CONTRACT C07121081 iii. iv. V, vi. Liner installation is $65/load. Bin rental is $360/month. Taxes include a California Non-RCRA tax of $18.73/ton plus a 10%/ton Kern County tax for a total unit price of $25.73/ton. An 11% recovery fee on the subtotal of items (i) to (v) in this section shall be applied, which includes a 1.5% charge for security, insurance, and liability and 9.5% charge for energy costs based on the average diesel prices from the US Department of Energy. B. ADDITIONAL PRICING CONDITIONS iii. iv. Demurrage will not be charged for pickup of waste up to and including one hour loading time. After one hour, the demurrage charge of $95ihour applies. Unloading demurrage will not be charged for wastes being delivered unless the City of Palo Alto creates a condition such as an improperly identified waste or nonconforming waste. A minimum volume of 10 tons (or yards, whichever is greater) will be billed for all ash received in a rolloffcontainer, intermodal, or dump trailer delivered to a Clean Harbors’ facility. Repairs to Palo Alto damaged Clean Harbors’ owned or leased roll-off containers or other equipment damaged by Palo Alto will be invoiced at a quoted hourly rate for labor while parts will be invoiced at cost plus 30%. Roll-off washout charges are included in the pricing. C. ANNUAL INCREASES 111. The price increase for the first optional 12 month extension of this contract is 3%. The price increase for the second optional 12 month extension of this contract is 3%, In the case of a price increase due to new regulatory fees, the contractor must notify the City of Palo Alto in writing before any additional fees will be allowed. 1.12 MISCELLANEOUS CONDITIONS A. Clean Harbors will have free and easy access to the pickup site. B. Clean Harbors will maintain containers in DOT shippable condition. END OF SECTION EXHIBIT A PAGE 4 OF 4 EXHIBIT C BIDDER (COMPANY):Clean Harbors Enviromnental Services SPECIFICATIONS AND BIDDER BID PAGES DATE: March 13. 2007 SECTION Ill Bidder’s Response and Acceptance In response to this Request for Quotation (RF-Q), the undersigned, as Bidder, declares that the only persons or parties interested in this Bid as principals are those named herein; that this Bid is made without collusion with any other person, firm or corporation; that the Bidder has carefully examined the specifications herein referred to; and the Bidder proposes and agrees, if this Bid is accepted, that the Bidder will contract with the City of Pale Alto (Cl~y), to provide all necessary materials and/or services, and furnish the specified requirements in this RFQ, in the manner herein prescribed and at the prices stated. Project Title:Transportation and Disposal of Ash Request for quotation (RFGI) number121081 Quotation Opening Date: 3:00 p.m., Tuesday, March 13, 2007. Bade Bid Schedule:Service shall consist of furnishing all labor and equipment necessary to transport and dispose of the ash for a period of one year with an option to renew for a second and third year In accordance with Section III, General Requirements and the Scope of Services, herein: BID APPROX. ITEM QTY. 1 1211 UNIT DESCRIPTION. WITH UNIT PRICE IN WORDS Ton Disposal cost : (Unit Price in words: Seventy Dollars & Zero Cents 72 Load 72 Each 4 12 Month 1211 Ton 1211 Ton Or Or 72 Load Transportation cost: (Unit Pdce in words: One Thousand Two Hundred Dollars & Zero Cents ) Liner installation fee - per load: (Unit Price in words: Sixty Five Dollars & Zero Cents ,) Bin Rental: (Unit Price in words: Three Hundred Sixt~ Dollars & Zero Cents ) State taxes (if any): C.~.~,,.-.CR.~,,x ,,f s, 8.73/hm pl.s 1,°.~!I.m Keru Counly tax (Unit Price in words: Twenty Five Dollars & Seventy Three Cents ) Other fees per ton or other fees per load: Specify fee: I 1% Recoverv,~ Fee (Lot Price in words: Twenty Three Thonsand, Two Hnndred Forty Six Dollars & Nineteen Cents ) UNIT PRICE $ 70.00 $ 1,200.00 $ 65.00 360.00 $ 25.73 I 1% of the subtotal - $211,329.03 TOTAL ITEM PRICE $ 84,770.00 86,400.00 " 4,680.00 4,320.00 31,159.03 23,246.19 CITY OF PALe ALTO RFQ 121081 PAGE t OF 2 EXHIBIT C BIDDER (COMPANY): Clean Harbors Environmental Services SPECIFICATIONS AND BIDDER BID PAGES~~~-~~ON, WITH UNIT PRIG I -L M PRICE Base Bid Total (items 1 through 6, with all applicable taxes included)$234,575.22 (Total in words: Tw. Hundred Thirty Four Thousand. Five Hundred Seventy Five Dollars & ’rwent.v Two Cents ) DATE: March 13.2007 SECTION Ill Price Increases Prices quoted above shall remain firm for the initial period and shall include all applicable taxes, regulatory fees, and all transportation and delivery charges as necessary to perform the requirements of this RFQ. Pricing shall also include an allowance for fuel price increase- during the contract period. Requests for price adjustments during the contract period will not be allowed. In the event that your quotation includes a provision for price adjustments during the two additional contract extensions; the increase shall also Include and allowance for any fuel surcharge during the additional contract periods. Note: If a pdce increase is to apply to the City’s optional contract extensions for items 1 through 4* above specify such in the space provided below. If no price increase is to apply, enter "0." a.Price increase for the first optional 12 month extension of this contract:3 %* b.Price increase for the second optional 12 month extension of this contract:3 %* *In the case of a pdce increase due to new regulatory fees (item #6) contractor must notify the City of Palo Alto in writing before any additional fees will be allowed. Lowest Responsible Bidder The lowest bid shall be the lowest grand total of the bid prices on Base Bid Schedule. This total is being used for the purpose of determining the lowest responsible bidder. Quantities as specified are approximate and may be increased or decreased during the contract period, and no guarantee is implied that the exact amount will be available for disposal. Insurance The Bidder shall bear all costs and provide insurance as required by Section II, Insurance Requirements, herein. Net 30 Days from date of invoice. Interest to accrue at tile rate of PAYMENT TERMS 1.5% per montl~ or the maximum allowed by law al’ler 30 days. Signature(s) mustb~ the same as signature(s) In Sect!on I - Request for quotation and Bidder Required Information. (Signature) Phiilip G. Retalllck /J. Scott Kuhn (Print name)(Print name) CITY OF PALO ALTO RFQ 121081 PAGE 2 OF 2 EXHIBIT D CJient#: 2749 ACORDo CERTIFICATE OF PRODUCER William Gallagher Associates Insurance Brokers, Inc. 470 Atlantic Avenue Boston, MA 02210 INSURED Clean Harbors Environmental Services Inc. Its Subsidiary & Affiliated Companies 42 Longwater Drive Norwell, MA 02061 COVERAGES CLEANH05 DATE (M&’#DO/YYY~)LIABILITY INSURANCE I 11/1j0 THIS CERTIFICATE IS IS~;’UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA; Steadfast Insurance Company INSURER B: INSURER C; INSURER D: INSURER E: NA{C # 26387 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 O-rHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR INSR[TYPE OF INSORANCE A GENERAL LIABILITY COMMERCIAL GE NERAL L~,BIU~Y -- --] CLAIMS MADE [----I OCCUR GEN~L AG GREGATE L{MIT APPLIES PER; --~ POLICY ~---]PRO"JECT I-’--]LOC AUTOMOBILE IJABILrri" ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY~ANY AUTO EXC ESSIUMBRELLA LIA BILITY ~D EDUCTIBLE RETEN]]ON WORKER3 COMPENSATION AND EMPLOYERS" LIABILITY ANY PROPRIETOR/PARTNEFUEXECUTIVE OFFICERJMEMBER EXCLUDED? It yes, descdbe under SPECIAL PROVISIONS below OTHER Contractors Pollution POLICY NUMBER PEC36566811i POLICY EFFECTIVEDATE (MMIDD/Y’YI 11/01106 POLICY EXPIRATION DATE (MM/DDPP¢) 11/01/07 Liability DESCRIPTIDN OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PRovISIONS (A) Environmental Impairment Liabililty #PLC374393606 511106-5/1107 $10,000,000 Each ClaimlAggregate UMITS EACH OCCURRENCE $ O’AMAGE TO RENTEDPREMISES lea ~r.currencol $ MED EXP (Any one person) PERSONAL & AOV INJURY $ GENERAL AGGREGATE PROOUCTS, COMP/Op AGG COMBINED SINGLE LIMIT(Ea e¢cld,ml) BODILY INJURY (Per person) BODILY INJURY(Per ac~donl) PROPERTY DAMAGE (Per accident)$ AUTO ONLY ¯ EA ACCIDENT OTHER THAN EA ACC AUTO ONLY:AGG EACH OCCURRENCE AGGREGATE $ TORY LIMITS E.L, EACH ACCIDENT $ E.L DISEASE ¯ EA EMPLOYEE $ E.L. OISEASE- POLICY LIMIT $ $10,000,000 Each Claim $10,000,000 All Claims CERTIFICATE HOLDER For Reference Purposes Only ACORD 25 (2001108) .#S954811M95425 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE ]’HEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30--. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO (~O SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~----~"~ " IX~’/~’~ / J J H ~)ACORD CORPORATION 1988 EXHIBIT D PRODUCER Willis North America, Inc. 26 Central/Bird Nashville, TN 37214 INSURED Clean Harbors Environmental Services, Inc. TI[IS CERTIFICATE IS ISSUED AS A MATTER OF INFOILMATION ONLY AND CONNERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Ir~SUR~R ,~ Zurich American Insurance Company INSURER ~American Guarantee and Liabifity Insurance INSURER C INSURER D INSURER E and its subsidiaries 42 Longwater Drive Norwell, MA 02061 NAIC# L653~002 26247-003 COVERAGES 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS, SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF IlqSURANCE GENERAL LIABILITY A X CO~a~RClA~LIABILITY ~ CLAIMSMADE ~ OCCUR ~ xcu X Contractual GEN’L AGGREGATE L~T ~PL~S PER: oTII AUTOMOBILE LIABILI~ A X ~lY A~ro ~L O~D A~OS SCUDDED AUTOS HIRED AUTOS NON-O~D A~OS X ~cs-~o B A GARAGE LIABILITY ANY AUTO EXCESS LIABILITY X-~ OcCUK [~ CLAIMS MADE __~ DEDUCTIBLE P.£.TE NTION %¥ORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PKOP F~T 0 PJP ARTNE R!E.XEC UTI VE OFFICER/MEMBER EXCLUDED? It" yes. describe under SF’EC[AL PP, OVIS[ONS below OTHER POLICY NBMBER GLO 9681229-00 BAP 6681231-00 AUC4275262-02 WC 9681232-00 POL1CY EFFECTIVE 11II/2006 11/1/2006 11/1/2006 1ttlt2006 POLICY ExPnu~’non 1111/2007 111t/2007 t 1/1/2007 11/1/2007 EACH OCCURRENCE DAMAGE TO RENTED PILEMISES (Ea cccurn:nce) ]V~D EXP (,%~y or~ p~r~on) PERSONAL & ADV INJL~Y GENERAL AGGREGA°[E PKODUCTS.COb..[PI’OP AGG COMBINED SINGLE LIMIT BODILY INJURY(per person) BODILY RqJURY (Per accident) PROPEKTY DAMAGE AUTO ONLY - EA ACCIDENT OTHEIt THAN AUTO ONLY EACH ACCIDENT ADGKEGATE EACH OCCURRENCE AGGKEGATE ER EL. EACH ACCIDENT E.L. DISEASE-EA EMPLOYEE E.L, DISEASE-POLICY LIMIT $2,000,000 $ 100,000 $ 5,000 $2,000,000 $3,000,000 $2,000,000 $5,000,000 $ $ $ $ $ $1o,ooo,ooo $10,0oo,o00 $ $ 2,000,000 $ 2,000,000 $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEIIICLES/EXCLUS1ONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER For Reference Purposes Only ACORD 25 (2001/08) CANCELI,,%TION SHOULD ANY OF TIlE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE "THEREOF, THE [ssLrING COMPANY WILL ENDEAVORTO MAIL 3’0 DAYS’WRITTEN NOTICE TO TIlE CERTIFICATE IlOLDER NAMED To’rilE LEFT, BU’T FAILURE TO MALL SUCH NOTICE S1L’tLL IMPOSE NO OBLIGATI[ON OR LIABILITY OF ANY KIND UP()N THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTTIOR IZED R EPR ESENTATIVE ©ACORD CORPOILdTION 1988 EXHIBIT E CERTIFICATION OF NONDISCRIMINATION SECTION II Project:Transportation and Disposal of Ash Certification of Nondiscrimination: As suppliers of goods andlor services to the City of Palo Alto in excess of $5,000, the firm, contractor or individual(s) listed below certify that: they do not and in the performance of this contract they will not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person; and further certify that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. Firm: Clean Harbor.s En’~,ironmentai Services DATE: Title of Officer Signing~.~i~ ~/.~ S)~i~r~resident March 12, 2007 CITY OF PALO ALTO RFQ 121081 PAGE 1 OF 1 ATTACHMENT B 0 0 0000 0 0 0 0~00 ~ > 0 E oo ATTACHMENT C CERTIFICATION OF NONDISCRIMINATION SECTION Project:Transportation and Disposal of Ash Certification of Nondiscrimination: As suppliers of goods and/or services to the City of Palo Alto in excess of $5,000, the firm, contractor or individual(s) listed below certify that: they do not and in the performance of this contract they will not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person; and further certify that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. Firm:Clean Harbors~En~’ir0nmental Services DATE: Title of Officer Signing:~,"<’~ ¯. ~.’:.. March 12, 2007 CITY OF PALO ALTO RFQ 121081 PAGE 1 OF 1