HomeMy WebLinkAboutStaff Report 283-05'primary purpose was to identify programs and policies that can manage the HHW waste stream,
achieving source reduction, diversion, and the safe and appropriate disposal of HHW. Council
approved this plan in 1991 and Palo Alto's HHWE has been accepted by the California
Integrated Waste Management Board (CIWMB) and the County of Santa Clara. The City of
Palo Alto's HHW Collection and Disposal Program was actually established before AB939
(1983) but has since become a program required by the state whose implementation is defined by
HHWE.
Scope of Services Description
The scope of work to be performed under the contract 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 program for businesses that qualify as a Conditionally Exempt Small
Quantity Generator (CESQG) under State and Federal hazardous waste regulations (generate less
than 220 pounds of hazardous waste per month) in the Palo Alto Regional Water Quality Control
Plant service area. The draft scope of services was reviewed and approved during the budget
process. Refer to Exhibit B of the contract for the complete scope of services.
The Purchasing Manager determined that these services required a contract award be based on
significant factors in addition to price. As a result, the request for proposal process was used to
solicit these services for this contract. A Request for Proposals (RFP) for the project was posted
at the City Hall and on the City website on March 24, 2005. The below table summarizes the
results of the RFP solicitation.
Summary of Solicitation Process
Proposal Description/Number HHW & CESQG Management ProgramJRFP#111554
Proposed Length of Project 36 months
Number of Proposals Mailed 7
DatePosted at City Hall/Closing Date Opening: 3/23/05 Closing: 4/19/05
Total Days to Respond to Proposal 21
Pre-proposal Meeting Date None
Number of Proposals Received: 4
Company Name Location (City, State) Selected for oral
interview?
1. Clean Harbors Environmental San Jose, CA Yes
Services
2. Romic Environmental East Palo Alto, CA No
Technologies
3. MSE Environmental Group Camarillo, CA No
4. Philip Environmental Services Benicia, CA No
Group
Range of Proposal Amounts Submitted Estimates ranged from $24,926 to $32,797 per monthly
events
An evaluation committee consisting of Public Works/Operations staff reviewed the proposals.
The committee carefully reviewed each firm's qualifications and submittal in response to the
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SECTXO. 2. TZKM. The Agreement will commence on the date of its
execution by CITY and shall expire one year from the commencement
date unless extended by mutual agreement by the parties. The CITY
may at its option extend the contract term for up to two (2)
additional one-ye~~ periods. The CITY through the City Manager
shall noti-fy CONTRACTOR that it is extending the term of the
Contract in writing at least sixty (60) days (or such other time
period as the parties may agree to) prior to expiration of the ter.m 0; the Agreement.
SECTION 3. SCHEDULE OF PERFORMAHCE. Time is of the eSSence in the
performance of Services under this Agreement. CONTRACIl'OR shall
complete the Services within the term of this Agreement and in
accordance with the schedule set forth in Exhibit "B", attached to
and made a part of this Agreemenc. Any services for which times
for performance are not specified in this Agreement shall be
commenced and completed by CONTRACTOR in a reasonably prompt and
timely manner based upon the circumstances and direction
communicated to the CONTRACTOR~ CITY's agreement to extend the
ter.m or the schedule for performance shall not preclude recovery of
damages for delay if the extension is required due to the fault of
CONTRACTOR.
SEiC'l'J:O. 4. NOT TO EXCEED COMPQSATJ:ON. The cOmPensation to be paid
to CONTRACTOR for performance of the Services described in Exhibit
"AIt, including both payment for professional services and
reimbursable expenses I shall not exceed Three Hundred Forty
Thousand Dollars ($340,000) . In the event Additional Services are
authorized, the total compensation for services and reimbur~able
, expensessh;all not exceed Thirty Four Thousand Dpllars ($34,000).
The applicable rates and schedule of payment are set out in Exhibit
\lC", entitled "COMPENSATION, It which is attached to and made a part
of ,thi s Agreement ~ .
,
Additional Services; if any, shall be authorized in accordance with
and subject to the provisions of ~ibit "C". CONTRACTO!{ shall not
receive any compensation for Additional Services performed without
the prior written authorization of CITY. Additional Services shall
mean any work that is determined by CITY to be necessary for the
proper completion of the Project, but which is not included within
the Scope of Services described in Exhibit "A".
If this Contract is extended by CITY pursuant to Section 2 entitled
"Term"', the rates for Services and expenses set forth in EXhibit
"C" as well as the total not to exceed amount of compensation for
Services may be increased each year by an amount not to exceed the
change in the consumer price Index for all urban consumers (San
Francisco-Oakland-San Jose, CA) or three (3%) percent, whichever is
lOWer.
0S0601 am 010036S
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& Saf. Code, §§ 25249.5-25249.13, as amended); the Underground
Storage of Hazardous Substances Act (Heal. & Saf. Code, §§ 25280-
99.6, as amended); the Hazardous SUbstance Account Act (Heal. & 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, §§ 25300-25395,
as amended)'; or any other local, state or federal ordinance, statute
or regulation that may now exist or hereinafter be enacted, or at
common law.
The accept~nce of CONTRACTOR's services and duties by CITY shall
not operate as a Waiver of the right of indemnification. The ~rovisions'of this Section 16 shall survive the ~iration or early
ter.minatio~ of this Agreement.
SECTXON 17. ~. The waiver by either party of any breach
or violation of any covenant, ter.m, condition or provision of this
Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other ter;m, covenant, condition,
prov~sJ..ons, ordinance or law, or of any subsequent breach or
violat~on of the same or of any other term, covenant, condition,
provision, ordinance or law.
SEC'l":tON 18. INSURANCE.
18.1. CONTRACTOR, at its sole cost and expanse, shall
obtain and maintain, in full force and effect during the ter.m of
this Agreament, the insurance coverage described in Exhibit -Dn •
CONTRACTOR and its contractors, if any, shall obtain a policy
endorsement naming the City of Palo Alto as an additional insured
under any general liability or automobile poliqy or policies.
~8 .2 . All insurance coverage ;required hereunder shall
be provided through carriers with Best's Key Rating Guide ratings
Q~ A-;VII o:t' higher which are admitted to transact insurance
Dusiness in the State of California. Any and all contractors of
CONTRACTOR retained to perfo~ Services unde~ this Agreement will
obtain and maintain, in full force and effect during the te~ of
this Agreement, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be
filed with CITY concurrently with the execution of this Agreement.
The cerei~icates will be subject to the app~oval of CITY'S Risk
Manage:r and will contain an endorsement stating that the insurance
is primary coverage and will not be canceled, or materially reduced
in coverage or limits, by the insurer except after filing With the
Purchasing Manager thirty (30) days' prior written notice of the
cancellation or modification, CONTRACTOR shall be responsible for
ensuring that current certificates evidencing the insurance are
provided to CITY's Purchasing Manager during the entire term of
this Agreement.
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in t~e reasonable exercise of bis/her discretion.
20.5. No payment, partial payment, acceptance, or
partial acceptance by CITY will operate as a waiver on the part of
CITY of any of its rights under this Agreement.
SECTION 21. NOTICES.
All notices hereunder will be given in writing and mailed, postage
prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager.
To CONTRACTOR: Attention of the project director
at the address of CO~CTOR recited above
SECTION 22. CONFLICT OF INTEREST
22 .1. In accepting this Agreement ( CONTRACTOR
covenants that it presently has no interest, and will not acquire
any intere~t, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the
Services.
22.:2. CONTRACTOR further covenants that, in the
performance of this Agreement, it will not employ subcontractors,
contractors or persons having such an interest. CONTRACTOR
certifies that no person who has or will have any financial
interest under this Agreement is an officer or employee of C~TYi
this prov1s10n will be interpreted in accordance with the
applicable provisions of the Palo Alto Municipal Code and the
Goverament Code of the state of California.
22.3. If the Project Manager determines that CONTRACTOR
is a "Contractor" as that term is defined by the Regulations of the
Fair Political Practices Commission, CONTRACTOR shall be required
and agrees to file the appropriate financial disclosure documents
required by the Palo Alto Municipal Code and the Political Refor.m
Act.
SECTJ:ON 23. HOlU)ISCRD!%HA"l'l:OH. As set forth in Pa10 Alto
~~icipal pode sec~ion 2.30.510, CONTRA.CTOR agrees that in the
performanc~ of this Agreement, it shall not discriminate in the
ernploy.mentof any person because of the race, skin color, gender,
age, religion, disability, national origin, ancestry, sexual
orientation, housing status, marital status, familial status,
weight or height o~ sucn person. CONTRACTOR acknowledges that it
has read arid understands the prOVisions of Chapter 2.28 of the Palo
Alto Municipal Code relating to Nondiscrimination Requirements and
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. EXHIBIT "A" • SCOPE OF WORK
~atteries and up to three to five fiber drums of tubes are collected each
month at the Recycling Center. For efficiency, drums of batteries an~ tubes
will be processed and shipped in conjunction with the HHW collection event.
If sorting of batteries is necessary, sorting will take place either on the day of
the event or sometime the week before the HHW event with staff dedicated
to that task (staff to perform these tasks will not Include required HHW event i : .
staff during the time the HHW collection event is open to the publiC). Price for
sorting of mixed batteries can be included in the unit price per drum for
batteries or can be detailed as an additional lump sum cost per drum. Unit
cost of recycling batteries per drum (sorting if necessary, packaging and
transportation inoluded) shall be Included In the unit cost for the waste
stream under the contract.
2.e 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:
• bio·hazardous wastes;
• radioactive wastes;
• compressed gas cylinders greater than 20 pounds; and
.• ~xploslves.
In addition, the Contractor shall not collect molor oil. antifreeze, 011 filt~rs 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.f 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
clearty, correctly and legibly and copies of any manifest attachments shall be
provided to the Program Manager at the time of transport. Documentation
submittals shall include but not be limited to:
2.1.1
~.f.2
~.f.3
2.f.4
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Hazardous waste manifests and bills of lading;
Fully legible inventory forms indicating the contents of each lab-
packed drum and referencing a unique identification number for
each drum;
State and federal land disposal restriction notification forms;
Forms. documents, or certificates required for receipt of waste by
CITY OF PALO ALTO RFP 111554
(312005) Revised for contract (612005)
PAGe 4 OF 15
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