HomeMy WebLinkAbout2002-06-24 City Council (3)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
9
DATE:JUNE 24, 2002 CMR:301:02
SUBJECT:APPROVAL OF AGREEMENT W!TH SAFETY-KLEEN (SAN JOSE),
INC., IN THE AMOUNT OF $420,000 PER YEAR, WITH AN OPTION
TO RENEW FOR TWO ADDITIONAL YEARS, FOR HOUSEHOLD
AND CONDITIONALLY EXEMPT SMALL QUANT1TY GENERATOR
HAZARDOUS WASTE MANAGEMENT PROGRAM SERVICES
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached one-year agreement with
Safety-Kleen (San Jose), Inc., in the amount of $420,000, with the option for an
additional two years in the amount of $420,000 per year, to provide services for the
Househo |d and Conditionally Exempt Small Quantity Generator Hazardous Waste
(HHW and CESQG) Management Programs.
°Authorize the City .Manager or his designee to exercise the option to renew the
agreement for the (second and/or third year) provided the proposed cost of the
renewal agreement does not exceed the Consumer Price Index for all urban consumers
(San Francisco - Oakland - San Jose, CA), the consultant is responsive to the City’s
needs, and the quality of the consultant’s work is acceptable during the first year of
the agreement (and/or other conditions which will determine the City’s willingness
to renew the agreement).
.DISCUSSION
Project Description
The work to be performed under the agreement involves providing monthly HHW
management services, including mobilizing appropriate equipment and personnel to operate
the monthly one-day residential collection event;, 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 in the Palo Alto Regional Water 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 the
CMR:301:02 Page 1 of 2
cost for the service is recovered through charges assessed by the contractor to participating
businesses.
Selection Process
Staff sent a request for proposals (RFP) to four consulting firms on April 22, 2002. Firms
were given twenty-nine days to respond to the request, A total of four firms submitted
proposals. Proposals ranged from $29,367 to $32,196 per average monthly event. A
selection advisory committee of Public Works Operations staff experienced with the City’S
existing HHW program reviewed the proposals. The committee carefully reviewed each
firm’s qualifications and submittal in response to the RFP relative to the following criteria:
company and ¯staff experience and qualifications; verification of client references for experience
and performance of HHW and CESQG programs; examination of each firm’s regulatory
compliance record; detailed review, of operation and healtl~ and safety plans; costs for scope
of services; and overall proposal quality and completeness. Safety-Kleen (S.an Jose),. Inc.,was
selected for its experience, ability to meet the criteria established in the RFP, and~cost
effectiveness of the proposed fees relative to the services provided,
RESOURCE IMPACT
Funds for this.project are included in the FY 2002-03 Refuse Fund Budget.
POLICY IMPLICATIONS
Approval of this agreement is consistent with existing City policies.
ENVIRONMENTAL REVIEW
The HHW program was addressed in the negative declaration for the Source Reduction and
Recycling Element and Household Hazardous Waste Element approved by Council on June 6,
¯ 1991 (Negative Declaration No. 91-EIA-12). The CESQG program was addressed in the
negative declaration for the implementation of the program approved by Council on June 24,
1993 (Negative Declaration No. 93-EIA-22).
ATTACHMENTS
Attachment A: Agreement
PREPARED BY: . Sean Kennedjb l~Ianage[~E~al Control Programs
DEPARTMENT HEAD: -’~
GLENN S. ROBERTS
CITY MANAGER APPROVAL:
Director of Public Works
EMILY HARRISON
Assistant City Manager
CMR:301:02 Page 2 of 2
AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
SAFETY-KLEEN (SAN JOSE) 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 June, 2002, by and between the CITY OF PALO ALTO, a California
municlpal corporation hereinafter referred to as "CITY," and
SAFET¥-~LEEN (SAN JOSE) INCORPORATED (Taxpayer Identification
Number 94~2685637), a California corporation, with offices at 1040
Commercial Street, Suite 109, San Jose, California95112,
hereinafter referred to as "CONTRACTOR"
hazardous
Program")
hazardous
Program")
WITNES SETH:
WHEREAS, CITY desires to allow both a household
waste collection program (hereinafter,the "HHW
and a conditionally exempt smal’l quantity generator
waste collection program (hereinafter, the "CESQG
to be operated to help limit the inappropriate disposal
of hazardous wastes at CITY’s landfill and through CITY’s sanitary
sewer and storm sewer systems, thereby helping CITY achieve its
regulatory mandates for limiting discharges to the landfill and
such systems; and ..
WHEREAS, CITY desires to engage CONTRACTOR to provide,
implement, administer, operate and be responsible for the Programs
by reason of CONTRACTOR’s qualifications and experience for
performing such services; and
WHEREAS, CONTRACTOR has offered to provide the
collection Programs on the terms and in the manner set forth
herein.
NOW, THEREFORE, in consideration of
covenants, the parties hereto agree as follows:
their mutual
SECTION 1 -DEFINITIONS
i.i CITY
The term "CITY" as used in this Agreement shall mean and
include all the territory lying within the municipal boundaries of
the City of Palo Alto, California, as presently existing, plus all
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territory which may be added thereto during the Germ of this
Agreement by annexation or otherwise.
1.2 City Manager
The term ".City Manager" shall mean the duly appointed
C~ty Manager of the City of Palo Alto,California,or his
designated representative.
1.3 City Clerk
The term "City Clerk" shall mean the duly appointed City
Clerk of the City of Palo Alt0, 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 her
designated representative~
1.5 Program
The term "Programs" means both the HHW Program and the
CESQG Program as described ±n Exhibit "A" entitled "Scope of
Services,"attached hereto and made a part hereof by this
reference.
SECTION 2 -PROGRAM COORDINATION
2.1 CITY
The City Manager shall be the representative of CITY for
all purposes under this Agreement. SEAN KENNEDY i.s designated as
the PROGRAM MANAGER for the City Manager, and he shall supervise
the progress and execution of this Agreement, and shall be
assisted by RON ARP, the ASSISTANT PROGRAM MANAGER.
2.2 CONTRACTOR
CONTRACTOR shall assign a single PROGRAM DIRECTOR to
have overall responsibility for the progress and execution of this
Agreement for CONTRACTOR. THOMAS J. ROLLINGS hereby is designated
as the PROGRAM DIRECTOR for CONTRACTOR. Should circumstances, or
conditions subsequent to the execution of this Agreement require a
substitute PROGRAM DIRECTOR for any reason, the PROGRAM DIRECTOR
designee shall be subject to the prior .approval of the PROGRAM
MANAGER.
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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 all of the
requirements set forth in Exhibit "A". CONTRACTOR shall further:
3.2.1 Prepare and maintaln all necessary
plans, licenses, or other mandatory documents required by
regulatory agencies under federal, state and local law~,
ordinances, or regulations for the implementation and operation of
the Programs which may be necessary and incident to the due and
lawful prosecution of the servlces to be performed and the
Programs-to be provided by CONTRACTOR under this Agreement;
3.2.2 Keep itself fully informed of all
existing :and future federal, state, and local laws, ordinances,
regulations, orders and decrees, including but not limited to
California Health and Safety Code ("HSC") Section 25218.1 and its
accompanying regulations, as amended, which may affect those
engaged, or employed under this Agreement or the Programs, any
materials used in CONTRACTOR’s performance under this Agreement,
or the .performance of the services under this Agreement and under
the Programs;
3.2..3 At alI 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
3.2.4 Immediately 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 orits subcontractors,
if any, under this Agreement for CITY shall be the property of
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CITY and shall not be made available to any ihdividual or
organization by CONTRACTOR or its subcontractors,-if any, without
the prior written approval of the City Manager.
3.4 Copies ofReports and Information
If CITY requests additional coples of any reports,
drawings, specifications or any other material which CONTRACTOR is
required to furnish to CITY in limited quantigies as part of the
services under this Agreement, CONTRACTOR shall provide, such
additional copies as are requested and CITY shall compensate
CONTRACTOR for the costs of duplicating 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 Four Hundred Twenty
Thousand Dollars ($420,000) per year for the first, 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.
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020606 sm0053048 4
4.2 Compensation for CESQG Program
CITY has no obligation to compensate CONTRACTOR for any
of CONTRACTOR’s servlces 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 wfth HSC Section 25218.1., as
amended. The Participants .shall be businesses located within the
.service area-of the Palo Alto Regional Water Quality Control Plant
("PARWQCP")that meet the definition of a "conditionally exempt
small quantity generator" under HSC Section 25218.1(a), as
amended. The service area of the PARWQCP shall mean the entire
jurisdictions of the cities Of Palo Alto, East Palo Alto, Los
Altos and Mountain View, the town of Los Altos Hills and Stanford.
Regardless of whether CONTRACTOR fully, recovers its costs incurred
in providing the CESQG Program from the Participants, CITY shall
not be responsible or liable for any fee payment or compensation
to C~NTRACTOR 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 PARWQCP
(the "Site"), for CONTRACTOR’s operation of the Programs under
this Agreement. CITY hereby grants CONTRACTOR a license to
operate the Programs from the Site as set forth in Exhibit "A"
hereof.
5.2 CITY shall provide traffic control.equipment for
the queuing at the entrance to the Program collection Events,
which shall include traffic cones and signs.
5.3 With respect to the HHW Program, CITY shall further
provide: 5.3.1) the HHW Program advertising, in CITY’s sole
discretion; 5.3.2) survey forms; 5.3.3) the literature for survey
takers to distribute to Event participants; and 5.3.4) the debris
boxes for disposal of nonhazardous wastes and for corrugated
cardboard.
5.4 With respect to the CESQG Program, CITY shall
further provide CESQG Program advertising, in CITY’s sole
discretion, through local newspapers, directed mailings and
utility bills. CONTRACTOR may also provide advertising for the
020606 sm 0053048
CESQG Program. At CITY’s sole option, CITY may coordinate with
CONTRACTOR to facilitate effective CESQG Program publicity.
SECTION 6 - TERM
This Agreement shall commence on July i, 2002, and shall
continue in full force and effect until June 30, 2005 unless it is
sooner termlnated 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 annual
appropriation of sufficient funding for the Agreement in each
subsequent year. CITY and CONTRACTOR shall negotiate with each
other concerning the potential annual renewal of this Agreement
within ninety (90) days of the expiration of the Agreement"s then
current term.
SECTION 7 -TEMPORARY SUSPENSION
The City Manager shall have the authority in her
discretion, with or without cause, to immediately suspend this
Agreement, wholly or in part, for such period as he or she deems
necessary.
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 shall immediately discontinue its performance
under this Agreement..
8.2 CONTRACTOR’s Right to. Terminate
CONTRACTOR may terminate this Agreement by giving thirty
(30) days’ written notice thereof to CITY, but only in the event
of substantial failure of performance by CITY under this
Agreement.
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020606 sm 0053048
SECTION 9 -ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES
9.1 Assignment
Both parties shall give their personal attention to the
faithful performance of this Agreement and shall not assign,
transfer, convey, or otherwise dispose of this Agreement or any
right-, title or ±nterest 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 asslgnment shall not be deemed to be a
consent to any subsequent assignments. Any assignment without
such approval shall be void and, at the optlon of the other party,
shall .terminate this Agreement and any license or privilege
granted herein. This Agreement and any interest herein shall not
be assignable by operation of. law without the .prior written
consent of the other party.
9.2 Contractors
It is agreed that this Agreement is for the personal
services of CONTRACTOR and cannot be performed by any other person
or organization.
9.3 Subcontractors; Employees
CONTRACTOR shall be responsible for employing or
engaging all persons necessary to perform the servlces of
CONTRACTOR hereunder. All subcontractors are deemed to be under
the direct and sole supervision of CONTRACTOR, and CONTRACTOR
agrees to be solely responsible for their performance and full
compensation. CONTRACTOR shall give its personal attention to the
fulfillment of the-provisions of this Agreement by all of its
employees and subcontractors, if any, and shall keep the work
under its control. If any employee or subcontractor of CONTRACTOR
fails or refuses to carry out the provisions of this Agreement or
appears to be incompetent or to act in a disorderly or improper
manner, he shall be discharged immediately from the work Under
this Agreement on reasonable demand of the PROGRAM MANAGER.
SECTION i0 -NOTICES
All notices hereunder shall be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To CITY:Office of the City Clerk
250 Hamilton Avenue
Palo Alto, CA 94303
020606 sm 0053048
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 shall not acquire any :interest,
direct or :indirect, financial or otherwise, which would conflict
in any manner or- degree with the performance of the servlces
hereunder. CONTRACTOR further covenants that, in the peff0rmance
of this Agreement, no subcontractor or person having such an
interest shall be employed. CONTRACTOR certifies that no one who
has or will have any financial interest under this Agreement is an
officer or employee of CITY. It is expressly agreed that in the
performance of the services and the Programs required under this
Agreement CONTRACTOR, and any of its subcontractors or employees,
shall at all tlmes 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 Council members, officers, agents and employees
from any. and all demands, claims, or liability of any nature,
including death or injury to any person, property damage or any
other loss, caused by or arising out of CONTRACTOR’s, its
officers’, agents’, subcontractors’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
the law imposes strict liability on CONTRACTOR in the performance
or failure to perform this Agreement.
CONTRACTOR’s obligations under this Section 12 include
the obligation to protect, indemnify~ hold harmless and defend
CITY, its Council members, officers, agents and employees from and
against any and all claims, demands, liabilities, losses, damages,
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
020606 sm 0053048 8
hereunder shall include such liability that may arise at any time
under: the Comprehensive Environmental Response, Compensation and
Liability Act (42 U.S.C., §§ 9601-75, as amended); the Resource
Conservation and Recovery Act (42 U.S.C., §§ 6901-82, as amended);
the Hazardous Waste Control Act (Heal. & Saf. Code, §§ 25100-
25250.24, as amended); the Safe Drinking Water and Toxics Enforce-
ment Act (Heal. & Saf. Code, §§ 25249.5-25249.13, as amended); the
Un~ergr6und 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 exlst or
hereinafter beenacted, 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 all demands, claims, or liability of any nature, including
death or injury to any person, property damage or any other loss,
caused by or arising out of CITY’s, its Council members,
officers’, agents’, subcontractors’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
the law imposes strict liability on CITY in the performance or
failure to perform itsobligations under this Agreement.
SECTION 13 -WORKERS’ COMPENSATION
CONTRACTOR, by executing this Agreement, certifies that
it is aware of the provisions of the Labor Code of the State of
California which require every employer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions before commencing this
Agreement.
SECTION 14 -INSURANCE
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 following
insurance coverage, insuring not only CONTRACTOR but also, with
the exception of workers’ compensation ~nsurance, CITY, its
Council members, officers, agents and employees, and each of them,
with respect to the Programs and all of the services performed by
020606 sni 0053048
CONTRACTOR for or on behalf of CITY under the provisions of this
Agreement:
CONTRACTOR’s
REQUIPmD INSURANCE COVERAGE
MINIMUM LIMITS
OF COVERAGE
Commercial General Liability,
¯ including broad form contractual,.
products and completed operations
and personal injury, bodily injury
and property damage.
$i~000,000 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.
and property
damage
o
°
MCS-90 Endorsement, including
~environmental restoration coverage
for accidents during transportation.
Pollution Liability or Sudden and
Accidental Pollution Liability.
$5,000,000 per
Occurrence and
$2,000,000 in
the aggregate
°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 Pal0 Alto,
020606 sm 0053048 ! 0
Los Altos, and Mountain View, the Town of Los Alto’s 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 "C" and
incorporated herein by this reference. All such certificates
shall 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.Liability
The procuring of such required policy or policies of
insurance shall not be construed to limit CONTRACTOR’s li’ability
hereunder nor to fulfill the indemnification provision and
requirements of this Agreement under Section 12 hereof.
Notwithstanding said policy or policies of insurance, CONTRACTOR
shall be obligated for the full and total amount of. any damage,
injury, or loss caused by the services performed under this
Agreement, . including after the Agreement has terminated or
expired.
SECTION 15 -AUDITS
CONTRACTOR agrees to permit representatives of CITY’s
Auditor’s Office and Finance ; Department to audit, at any
reasonable time upon reasonable notice during the term of this
Agreement and for three (3) years thereafter, all documents and
¯ records of CONTRACTOR pertaining to the Operational scope of this
Agreement. Such documents.and records shall include records and
documents which the CONTRACTOR is required to file or maintain
under any federal, state, or local law, relating to CONTRACTOR’s
services performed under this Agreement, including the handling,
020606 sm 0053048 11
transportation, storage, treatment, and disposal ’of hazardous
waste hereunder. CONTRACTOR further agrees, to maintain such
records for at least three (3) years after this Agreement has
terminated or expired.
SECTION 16 -AGREEMENT BINDING
The terms, ~covenants,and conditions of. this .Agreement
shall apply to, and shall bind, the heirs, successors, executors,
administrators, assigns and subcontractors of both parties..
SECTION 17 -WAIVERS
The waiverby 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 e~ther 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
conditi0n.0f this Agreement or of any applicable law or ordinance.
~ECTION 18.- COSTS AND ATTORNEYS’ FEES
-The prevailing party in any action brought to enforce
the terms of this Agreement or arising oht of this Agreement may
recover its reasonable costs and attorneys’ fees expended in
connection with such an action from the otherparty.
SECTION19 -NO IMPLIED WAIVER
No payment, . partial payment, acceptance, or partia.l
acceptance by CITY shall operate as a waiver on the part of CITY
of any of its rights under this Agreement.
SECTION 20 -NONDISCRIMINATION; PENALTY
-20.1 Duty of CONTRACTOR
No discrimination shall be made in the employment of
persons under this Agreement because Of the age, race, .color,
national origin, ancestry, religion, disability, sexual preference
or sex of such person. If the value of this Agreement is, or may
be, Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to
meet all requirementsof the Palo Alto Municipal Code-pertaining
to nondiscrimination in employment, including completing the
,,Compliance Report--Nondiscrimination Provisions of City of Palo
020606 sm 0053048 12
Alto Contracts" on the form furnished by CITY, attached hereto as
Exhibit "D" and made a part hereof by this reference.
CONTRACTOR agrees that
services from its subcontractors
substantially as follows:
each written agreement for
shall contain a provision
"Subcontractor ~shall provide CONTRACTOR with a
certificate stating that he (or she) is currently
in compliance with all Federal and State of
California laws covering nondiscrimination in
employment;that he (or she) will pursue an
affirmative course of action as required by the
Affirmative Action Guidelines of the City of Palo
Alto; and that he (or she) will not discriminate in
the employment of any person under this contract
because of age, race, color, national orig±n,
ancestry, sex or religion, disability or Sexual
preference of such person."
20.2 Penalty for Discrimination
If CONTRACTOR is found ~n violation of the
nondiscrimination provisions of the State Of California Fair
Employment Practices Act or similar provisions of federal law or
executive order in the performance of this Agreement, it shall
thereby be found in material breach of this Agreement. Thereupon,
CITY shall have the power to cancel or suspend this Agreement, in
whole or in part, or to deduct from the -amount payable to
CONTRACTOR the sum of Twenty-Five Dollars ($25) for each person
for each calendar day during which such person was discriminated
against, as damages for said breach of contract, or both. Only a
finding of the State of California. Fair. Employment Practices
Commission or the equivalent federal agency or officer shall
constitute evidence of a violation of contract under this
subsection.
SECTION 21 -ENFORCED DELAY; 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 governmental,
military or clvil authority, war, insurrections, riots, epidemics,
landslides, or acts of God, which are not within the control of
the party claiming such inability or disability, which such party
020606 sm 0053048 13
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 long as the party claiming the
extension has 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 ALL UNDERSTANDINGS;
AMENDMENT
This document represents the entire and integrated
agreement between CITY and CONTRACTOR and supersedes all prior
negotiations, representations,, and agreements, either written or
oral. Th~s document may be amended only by-written instrument,
signed by both CITY and CONTRACTOR.
//
/I
/I
I/
/I
II
//
II
I/
II
II
’ 020606 sin 0053048 14
SECTION 23 - GOVERNING LAW
This Agreement shall be governed by the
State of California-.
IN WITNESS WHEREOF, the parties hereto
this Agreement the day and year first above written.
ATTEST:CITY OF PALO ALTO
laws-of the
have executed
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Assistant City Manager
Director of Administrative
Services
Director of Public Works
Contract Manager (Insurance
Review)
Mayor
(SAN JOS .)
Name : Doug Legze
Title: Vice President, Western Region
Name: Shawn Lavery De James
Title: Secretary
Taxpayer Identification No.
94-2685637_
(Compliance with corp. Code § 313 is
required if the entity on whose behalf
this contract is slgned 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)
Attachments:
EXHIBIT ~A":
EXHIBIT "B":
EXHIBIT ~C":
EXHIBIT "D":
SCOPE OF SERVICES/DESCRIPTIONOF PROGRAMS
FEE SCHEDULE FOR HHW PROGRAM
INSURANCE CERTIFICATES
NONDISCRIMINATION COMPLIANCE REPORT.
020606 sm 0053048 !5 "
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
onC~Z/7~ /~ , 2002, before me, the undersigned, a
Notary Public ~i~. and for said County and State, personally
appeared ~k~.~ /.~~, personally
known to me o~ p~v~d ~o me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed.to
the within instrument and. acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the
persqn s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
020606 sm 0053048 1 t5
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
) SS.0F )
On ~/~ /~ , 2002, before me, the undersigned, a
Notary Public in and for said Countyand State, personally
appeared ~/~)/7. ~_~!~/~d/ ~/~_/77~L~, personally
known to me or proved .~o me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he!she/they
executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
020606 sm 0053048 1 7
EXHIBIT A
PART I!1 - SCOPE OF SERVICES
" ~ CITY OF PALO ALTO
HOUSEHOLD ANDCONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR
. HAZARDOUS WASTE MANAGEMENT PROGRAMS ~
A; OVERVIEW.
The City of Palo Alto requests. Proposals for the ope~’ation of an ongoin~ monthly
Household Hazardous Waste Management Program (H.HW Program) and a Conditionally
Exempt Small. Quantity Generator (CESQG) Hazardo.us 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 inSeptembe,.r 1991. In
-November, 1993, the City implen3ented 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.. ..
Th s .Request..fo.r Pr0pos.a. IS alsq..[?..r.o,_,vide,s for 24-hour ~ergency response¯ .services as
presented in Section D. ,: ,~ .-- . :
ThisF~equest, for Proposals is seeking the services of aqualified and experienced firm for
household (including .mobile collection) and CESQG hazardous waste Collection. and --
management services over a three--year period.. This. Requestf6r Proposals provides for
a one-year, agr~ement with the. optionof extending the :agreement. annually foi" two
additional years. The City of Palo Alto resei"ves 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 bythe Palo Alto City Council...T~e City shall negotiate -.
the extensions of the agreement with the Contractor On an annual .basis. ,’Thecontinuation¯. of this., agreement, and.the, extension 0f:the agreement over the .three-year period issubject. ’
to .the"contractor’s performance onthe.programs, the pro.posed .pricing inCreases from the
contractor, and the City of Palo Alto’s allocation of.funding for each fiscal.year.
The’ City does not expressly or by !mplication agrees that the actual amount of-work shall .-
correspond therewith. The .City .reserves the right, to increase,~decrease O.r, modify the.
amo:unt Of any ¯class or portion of"the .woi’k or to omit portio.ns Of the work, as .may be
¯deemed necessa~ or expedient b.y the Program Manager.
¯. . . ~. : .: . .:. ...-..~. ..¯.. -- ..,. . : .. .
B~SCOPE OF WORK FOR HOUSEHOLD HAZARDOUS.WASTE PROGRAM
1..General Information -"" ’ " :
Since 1983, Palo Air0 has-sponsored HHW Collection; e~/ents for its residents.
Tables la, l b, and 2 provide general ’ information regardingthe-number of
participating residents and the quanti!ies of Waste that have been brought to recent
-Ci’i’Y OF PALO ALTo: (3/2002)RFP143451 , ~" SECTION III. Page 1 of i7
PART Ii1.- scOPE OF SERVICES
collection.events. Events are typicallyheld on the first Saturday of each month f~o.m
9:00 a.m. to 12:00 noon, and the first Fridays of April and September from 3:00-to
5:00 p~m, at the Palo Alto Regional Water Quality Control Plant (PARWQCP) at
250i Embarcadero Way (~see .Figure 1). At these =events, all HHW are .collect .e.d
from City residents, with ~he exceptiOn of: ~
¯ those materiais pr6hibited Under Title 22 of the California Code of Regulations,
:Section 67450.4:(22 CCR 67450..4), asamended; .. .... -
¯ ¯ those materials prohibited by the Temporary Household Hazardous Waste
-- C011ectionVariance-(..’I’.H HWC-see Appending) H I~WVAR010108~ and
¯ ~e~ain reeyclable hazardous wastes (m0to~:"0ii,.used oil filters, antifreeze
household, batteries-, and automobile batteries). .,
ThelCity of;Palo Alto also operates a HHW Mobile Collection (MC).for Residents
with physical limitations. The .HHWMC service.operates on the.collection event
d&ys and targets those indMduais such as seniors.and physically limited residents
Who may have difficuity Using the HHW colleotion events. This service is described
:in more detailin Sectio.n 4 below. ..
The collected HHW is packagedfor shipp.ing, and transported to approved.
Treatment,.. storage, and Disposal Facilities (TSDFs). The HHW Progm..m. is.
conducted in.compliance with 22 CCR 67450.4, Permit by Rule .regulations under
22 CCR 66270~60, and the.THHWC variance. HHW events scheduled through.
3une 2003 are as.follows:. ~.. .-
¯ Saturday, July 13, 2002.
Saturday, August 3, 2002 ~
Fr daylSaturday, Septe[nber 6 & 7, 2002
SatUrday, October _5,. 2002
Saturday, November 2; 2002
Saturday, December 7, 2002
services to be Provided by the Contractor
Saturday, Jaquar~ 4, 200.3
Saturday, February’1,2003
Saturday~ Ma(ch .-1 ,,;2003
-Friday & Saturday, April 4 & 5, 2003
Saturday, May 3, 2003 ’
.Saturday, June 7, 2003
2.a The Contractor shall designate a Project Manager to act as contact fo~ the
coordination of each event. The~ Project. Managerwil! be present full-time
during each event..T.he Contractor’s Proiect Manager shall be directly
responsible for hi,/her firm’s activities related to this agreement. If requested
by the City,. the Contractor’s Project Managershall .attend one meeting
before each event to ensure, procedures are-followed, coordination is
established, and record keeping-is ,.maintained,
The Contractor shall be responsible for preparing and maintaining-any and
all necessary plans, licenses or other mandatory documents-as required by
fede~’al, state ,or local laws, regulations, and ordinances, including but not
CITY OF PALO ALTO: (3/2002) .RFPI43451 SECTION ill ~ Page 2 of 17
PART !11 -SCOPE OF SERVICES
21d
limited to, health and safety plans, contingency plans and site operations
plans, The City shall provide such reasonable assistance to the Contractor
.as it may request. The Contractor shall provide-to..the Program .Manager
copies of all plans, licenses or other mandatory .documents prepared for the
operation of the HHW Program:
The City will prepare and submit regulatory notifications such. as local agency
and state Permit by Rule noti.fications as. necessary. The.Contr&Ctor shall
provide such reasonable ass!stanGe to theCity as/it mayrequest. The City
has an -EPA Generator Identification Number.for the HHW Program.
The Contractor shall operate .monthly HHW.Program collecti0n.events and
.shall.~ provide a molsile collection service .for residents w.it~i physical
limitations.., including event .pr.eparation, tear .down, and clean-.up .in
accordance with .22 GCR 67450.4, as-amended, and the THHWC variance,.
federal, state, and local~laws and regulations..The Contractor shall provide
all staff, labor, materials,, tools and equipment-for handling; identification,
profil!.ngI packaging., labeling, marking, .placarding, manifesting, io~ding,
transportation, and final"-disposal of collected hazardous Wastes. The
.Contractor shall conduct all actiyities and. operate co!lection events in
accordance with all applicab!e..fe.deral, state and local laws arid regulations,
and.the health and safety, con. tingency and operation plans prepared by-the
~Contractor and approved bythe Program!Manager, All personnel handling
hazardous waste shall be trained inhazardous waste management and-have
the training as .specified in 22 CCR 66264.16,. including the use of personal
ProtectiVe. safety iequipment, and-emer~gency .response equipment and
pro.cedures as required~ under app!.ic.able state...and federa.I laws and
regulations ..... - ~ ...
The contra~t0r s,hall not collect, without prior approval of the Department of
Toxic-Substances Cor~trol .(DTSG) and .the Program Manager,~..mat.erials
prohibited under 22 CCR 67450.4 or.the THHWC variance, including but not
limited.to:
¯bi0-hazar.dous wastes;......
¯radioactive-wastes;
¯ -compressed gas cylinders greater than.~0.p0unds;and
¯ explosives.
The Contractor shail not collect motor oil,. antifreeze, oil filters and
automobil,e batteries. Participantswith these wastes shall be instructed tO
take. them to tl~e Pal0 Al~o Recycling Center~-Should any of these wastes be
inadvertently ~eceived at the HHW-P. i:ogi’am, the Contractor shall deliver said
wastes to. the appropriate facilities at thePalo Alto Recycling. Center.
CiTY OF PALO ALT(~: (3/2002)RFPI43451 SECTION III Page 3 of 17
PART !11 SCOPE OF SERVICES
,6 ’The Contractor sha~il p~’ovide appropriate documentation, certificates a6d
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. Docurhentation
submittals sha!I -include but not be.limited to.: ..
2.e.1 ’ Hazardous waste manifests and bills Of lading; ’~
2.e.2
2.e.3
2.e.4 "
2,e.5 -
Fully legible-inventory forms .indicating-the contents of each
labpacked drum and referencing a unique identification number for
each. drum; ¯ , .
St~ite and federal land"disposal restriction notification forms;
Forms, doi~umentsi or cer~ificates° required .for receipt of waste by-
TSDFs and other.waste/recycling faciiities; ¯ ~ ,,~ , . ~
HHW e.v.,ent~ summary report, listing and’ sorted by: hazardous waste
manifest number and. by DOT l~azard ¯class, which.includes the "
following information for-each drum collected~.
¯ unique drum.ID..number; :
¯ - containertype/size; ¯ ~ ¯ .. -- .- .
¯estimated, actual quantityof 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: "
2,e.6
¯ -subtotals of the number of drums and weight/volume of wastes
for each manifest;
¯DOT ha~’ard class and the total number of drums; and."
¯weight/v01ume of wastes for all hazard classeS.
If required bY the Pi’ogram Managei’., reconciliation of manifests
including a letter .of. expianatien, for. any sh’ipping or_,. rhanifest
discrepancies.
2.e.7.The Contractor shall provide City staff with ihe Califomia Integrated
Waste-Management Board (GIWMB) Form 303 (SectionH waste
volumes with management methods used) collected for the
residential Collectionand CESQG-programs-for the fiscal years,the
contract is.in effect. ¯
CITY OF PALO ALTO: (312002)RFP14345.1 SECTION III - Page 4 of..17
PART II!- SCOPE OF SERVICES
3.~. Description of Fee.Schedule,Item-1 - Mobillzationand Implementation
The Contractor.shalJ 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 foroperating each event. This task inclu~des,
but is not limited to: - .- "
¯
¯
¯
¯
¯
¯
¯
¯
p¢oviding mater.ials handling and contain merit equipment;
emergency response, equipment;
s.a~ety equipment; -
per¢onnel protective gear’;
tables and pertableshelter,~, for the events;
performing mobilization;"
site prep,aration;"
demobilization; and .
clean-up. -¯ -
Lump.sum Fee for Mobilization and.lmplementation, shall include:
3.a.2
Full:comRe~i~&ti6dfor prov!ding app#0p.’riate numbers-and types of
vehicle~ ~’nd equipmentfor each .event, vehicle mileage costs, and
tr&vel time for contractor personnel; " ... ’ -
Full compensation for-disposal, of contaminated equipment (plastic
sheeting, PPE, etc.) generated during the event; and.
3.b
3.a.3 All staffing and labor costs associated with the personnel
requirementsfor .all tasks as outlined below; (i.e. ~et UP, collection,
tear down, clean-up, paperwork} etc.).
TheContractor shall pFovide qualified" personnel as. outlined b.eiow:
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 forthe duration of
the .event:
3..b.2 Unless, aE#rov.-ed., by the pr~ogram Ma.n.ager, the.Con.tractor,..shall
provide ithree (3).chemists With Credentials and certifications.to satisfy" ~.. all.applicab e.federa!,i state and]o~al laws. arid reg~ilations:g.o~erning.
¯ . ¯ training for handling, identification, profiling, segregating, packaging,
-labeling,imarking,. placarding~, manifest!qg, ~nd .transporting of
hazardous wastes/These indivi~luals.shall have as amJr~imum,.the
equ!valent .of. a Bachelor’s degree in ’Chemistryand three-years
C!TY OF PALO ALTO: (3/2002)RFP143451 ": ."SECTION !11 - Pag~ 5 Of 17
PART !!1 - SCOPE OF SERVICES
3.b,3
3.b.4
experience in hazardous Wastes. The chemists shall be on site .for t!~e
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 sumFee for Mobi-IlZation and
Implementation. °
Unless approved bythe Program Manager, the Contractor shall
provide fifteen (!5)technicians for each event for:performingthe
duties under the direction of the Project Manager and site chem~s, s,
ihclUding, 5ut not limited to, Vel~icie unloading and hazardous-wastes
handling, .segregating, packaging, la~oe!ing, .marking, placarding, and
manifesting. Technicians .shall have the appropriate level of training,
for the. duties they a~re to pe~orm; as required by app.~icable federal,
state and local laws. Ifadditional technicians are required,, the
Contractor shall notify the. Program :Manager for review iand approval
of the request for additional technicians. If approved.by the Program
Manager, additional technicians Shall be billed and paid for at the
. straighttime rates as specified onthe Contra.ctoCs standard schedule
. of fees.. If fewer titan .fifteen technicians-are-.utilized~ .ap.propriate
discounts shal!-be applied to the._ .lump sum. Fee for Mobilization and
Implementation.
Unless approved by the Program Manager, the Contractor shall
-provide twd ..(2) survey takers for each ~vent for .performing the
.following duties~ inc.lud!ng,but-not limited toi .
¯verifying participants’ residence Statusi ,:..
¯gathering surveylinformation-(forms prQvid,ed by the City);
¯answering general questions;-".-
¯ - distributing educational literature (provided by the City);
¯providing traffic contr.ol; and
¯preventing walk-in access totheevent.
Survey takersshall wear-apPropriate safety equipment including
safety vests while working. " Survey’ takersshall be.. on site for the ¯
public drop-off hours for each event. If fewer, than two survey.takers
are Utilized, appropriate discounts based on the Contractor’s standard
-schedule of fees, shall be applied to the lump sum Fee for:.
Mobilization and Implementation.
4.Description of Fee Schedule: Item 2 - Mo’bile Collection
The Contractor shall coordinate, collect, package, Ioadl and transport mobile
collection wastes .to the HHW collection event to be. consolidated with the
.other HHW wastes as directed by the Program Manager in accordance with
¯ CITY OFPALO ALTO: (3/2002) RFP143451, ¯ . , SECTION-Ill - Page 6 o~ 17
PART III - SCOPE OF SERVICES ¯
all applicable federal, state ahd local laws and regulations. Physically limited
residents who .participate in the program will submit an application form .to
City HHW program staff. Staffwill review the application-and determine
whether a resident is-eligible for thisspecial service,
A list of residents meeting the eligibility requirements will be compiled by
HHW staff and submitted to the Contractor. A copy of the mobile collection
application form. currently used is shown on Figure 2. The .Contractor shall
then cOordinate and contact eligible residents.and schedule, an appointment
on the Saturday (or Friday if on a weekend when Friday eventsare held) of
the HHW collection ever}t:.-Contractortechnicians shall travel to the resid~nt’s
home, assist them-with gathffring the Wastes, .package, load and .transport
to the HHW evdnt to be cohsotidated..with the other wastes and ~,hip .ped off-.
site to the appropriate w.aste facility. .
=
Description of Fee Schedule. Items 3 throu,,qh 36-:Packaging., Transportation
and Disposal -.
.The OontraCtorshall identify, categorize, p.rofile,-segregate, package,;label,
mark, m&nifest; transport, and :dispose.of all collected wastes as directed by
the Program Managerand in accorda.noe with-all applicabl~.federal, state
and local laws and ’regulations. --
Fees pro~/ided under-Packaging, Transportation and Disposal Shall
.incorporate all’costs related to .packaging,,tr.ansportation; and- disposal,
including, but not limited to, identification, profiling, bul.king, loose-packing,
lab-packing, waste compaction (eg., emp,ty container,crushing), marking,
manifesting; and loading, transportation and. disposal-of alL.,.collected wastes.
It is. the City’s preference to utilize nonqandfill-management.methods, where
feasible.. Recycling.,i fuel substitution, incineration,, treatment .and other
incinerationides!ruct, i,on‘ -alter.natives ..w.ill " be considered ..:f~rt_ use as
management, methods .for the program,, where practical....!if, .waste
rnar~agement methods other than those listed in-the Fee Schedule are
p~oposed,.the Proposer shall specify the alternate, disposal method on the
Fee Schedule. -- .
Latex paint-; oil-based paint, and flammable liquids Shall be bulkedon.site.or
loose-packed in cubic yar.d boxes, ,unless-oth,erwise appr.oved...bythe
Program Manager, Proposers.shall provide pricing for both bulking and cubic
yard box loose-pack. All other wastes shall be eitherlab-packed or loose
packed"in accordance with all applicable federal and state laws and
regulations.
CITY OF PALO
If the Contractor. proposes to. use packaging-methods other than those
specified in the fee .schedule, the Contractor shall provide sufficient detail in
the proposal to enable the City to evaluate the cost; operational efficiencies,
ALTO: (3/2002)RFP143451 SECTION III - Page 7 of 17
PART III -SCOPE OF SERVICES
and approprfateness of the alternate packaging methods,-.
Emptied steel cans from latex paint-bulkingoperations shall either be
managed by-the Contractor through steel can recy.oling (-Fee Schedule i,tem
7)-or will be disposed of.by the City. Non;steel cans from latex paint butking
operations will be disposed of by the City, Emptied steel and non-steel cans
from Oil-based paint and-flammable liquid bulking operations-shall either be
managed bythe Contractor through i’ecycling or through other meahs subject
to the-approval of the Program Manager. ._
6. Equipment/Information Provided by.the Citv
The C!ty shall provide the following:.-
¯ HHW program advertisement; ._.
¯ -:trafficcontrol eqdipment.(signs;.c0nes)including set-up and removal
line outside, of WQCP entrance; - - ..~ f
¯survey forms;’" : .....
¯literature for survey’takers to.distribute to event participants; and--
for queui.ng
debris boxes f0r-dis posal of non-I~azardous wastes and for corrugated cardboard
recycling. --
The ContractOr ~hall separate corrugated cardboard and place in bin ma~-ked 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
regu at0ry agencies for.the operation of each 6vent.
Si~OPE OF WORK FOR-CONDITIONALLY.
:GENERATOR PROGRAM
EXEMPT. SMALL QUANTITY
General:lnf0rmatioh - " -
.Since November, 1993, a voluntary CESQG progi’am has been made available for
the: collection and management of hazardous wastes generated b~i’bu~inesses that
iqualify ;as CESQGs located in the service-area for the .~ARWQOP (theco~nmdnities
of Palo AIto,:: East~ P~lo.Alto, I0s-.Altos, Lo¢.’AIt0s"Hills;.~Mountain.View,-aud
Stanford). Table la. and 2 provides general informationregarding the number.of
.participating businesses and the quantities of waste that have been brought to
rece nt CESQG collection, events.
The CESQG Program shall be operated by the Con{ractor 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, regu!ations .and
ordinances, including but not limited to 22 CCR 67450..4, as amended, and the City
CITY oF PALO ALTO: (3~2002)RFP143451 SECTION III - Page 8 of 17
. PART III - SCOPE OF SERVICES.
of Palo Alto CESQG manifesting and transportation variance V95HQSEB151.R2.
(see .Appendix B). The CESQG Pr6gram shall, on!y provide, hazardous waste
~ collection,transp6rtati0n, treatment and disposal serVices for those businesses
within’-the PARWQCP service area-that meet the definition of.a "conditiooally
¯ exempt small quantity generator" as specified un. derCa!ifornia .Health and Safety
Code section.25218.1(a) (HSC 25158,ri(a)). The Contractor Shall-operate the
CESQG Program (~ollection-event on the same days KS th~ I4HW Program between
--thehours of 12:00 noon and 4:00 p.m., or at days and times set by th~ Program.Manager.-........-...-
The contractor shall permit, participating and qualified, businesses to deliver wasies
by appointment with the Contractor to, the PARWQCP o[i-the designated days; The
appointmentsystem shall provide information to the Contractor which ,~hall aid in
the Contractor’s arrangements for the management 0f. wastes, verification of
l~usiness. status, verifiCation, of.C.ESQG Status, verification-of waste quan{i~ies
ge.n.erated,..and payment.for services provided by. the Contractorto participating
businesses. A copy of the form currently used for CESQG .reg!stratio.nis shown on
Figure.&,. "
"Services to-be Provided. by the-Contractor
. ~-~ ..:.... .~... ¯.~ .-:’.
" 2.a The Contr~actol~ shalt:.operate and be-responsible for the GESQG. Prog[am,
... under which it shall..provide for the .. appr0p[jat,e handling;-, packaging,
transi~rtation, and -dis posal of hazardoUs waSte~ .generated-byCESQGs in
the PARWQCP service area. .. ¯ . . ...-
2.b Tlie Contractor shall provide all staff, mater!als,, labor~ forms.,-to.o.ls, and
equipment necessary forconducting the CESQG Program, ihcluding, but not
limited to, the following Services:
¯record keeping, appointment arrangements;
¯billing and cost recovery;
¯!dentification;
¯profiling;
¯packag!ng.;
¯ ’labelil?g;
¯marking;
¯placarding;
,manifesting;
¯removal;.
trans#ortatio~.; an~l "
di§posal of all. colleCtedhazardous wastes,: " "
All work and the preparation of materials under the-CESQG program shall
be conducted in accordance with all applicab e feder.al, state, and local laws,
SECTION. Ill - Page 9of 17
PART III - SCOPE OF SERVICES
ordinances, and regulations,
amended. ’ .... -- ’-
including but not.limited to 22CCR67450.4, as -
The Contractor shall. have the sole responsibility-for the identification,
-segregation, packaging, transporting,.and disposal of the wastes csIlected
through the CESQG Program. .=
2.d.T.he C0n.tractor shall not.collect, without priOr approval of the .DTSC and the
ProgramManager,:"materials .prohibited.under 22 CCR-67450.4 including, but
not limited to:.bio-hazardous wastes, radioactive wastesl compressed..gas
cylinders gr~a.ter than20 Pound.s,. arid explosives." ’
Schedule "
-=
=
Underthe CESQG Program,.wastes from qualified CE.SQGs shall be accepted by
the.Contractor between the hours Of. 12:00 noon and4:00 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 withthe. ContractOr-for participation in the CE SQG Program.
Service Area for CESQGPro.qram
The service area-for-the...OESQG .Program-shall include, the communities of
Palo Alto, Eas~. Palo.Alto,-Los Altos, Los Altos Hills,-MoUn~ain View, and Stanford..
Requirements for Participants. ~.;. " ’
The COntractor Shall 0nly..aliow .appropriately qualif.ied-b~sinesses within the
jurisdictions listed in Section C.4; which meet the definition: o{ a "Conditionally
exempt small qdantity generator" as specified underHSC 25.158.1 (a)as amended;
to participate.in the CESQG Program. The Contractor shall be solelyresponsible
for verification of the CESQG status of all participants. - ..
Fees
The Contractor shall ibe. solely responsible for recovering all C.ESQG Programfees
and costs from the Program .pa.rticipants, The City expressly disclaims-any
responsibility or lability.for payment of the cost of operating tlie CESQG P[ogram
through the imposit!on of.fees pe~’mit~ed pursuant to the terms of this Request for
Proposals. The Contractor is authorized to collect fees on a -cost-recovery b~sis 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:[a~es established for.the
CESQG Program cover all costs" including, but not lirfiited to,". packaging,
tran~portatior~, disp£sa!, maintenance of reqU!red records, staffing for.the CESQG
Program, operation ofthe appointment system, and billing management. "
CITY OF PALO ALTO: (3/2002) ’ " ’RFP143.4.51 . SECTION !11 - Page 10 of 17
.PART II1 - SCOPEOF SERVICES
Any .taxes Which are assessable upon the rendering of such services may .be
passed on tothe participating business as part of.the CESQG Program .costs. The
City expressly disclaims anY responsibility or liability for .payment of such t.axes
Which the Cbntractor may be required by law to collect.
=
=
Record Keepin,q -
The Contractor shall be solely responsible to maintain-all records required by IocaJ,
state, and federal laws, ordinances, and regulations, .including bu.t not limited to:.
t.rackin, g of participating businesses, including waste quantitiesand types;,
.verification of.CESQG status;
business hazardous waste generator identification .numbers .and permits (as
¯ .appliba~le);
" business name, address, and phone number;..
fees charged, and Collected;.
uniform hazardous waste manifests;
stateand federal land disposal restriction notification forms for:hazardous waste
subject to land disposal restrictionS;
hazardous waste profiles--re~luired by TSD. Fs.and other waste/recy"cling facilities;
and . " " ¯ "
bills of lading _for no.n-hazardous wastes collected and: ma.naged through the
CESQG P~:ogram. "
All records shall be retained and made available for inspection, review, and audit
by representatives ofthe PARWQCP.jurisdiction.~luring n.ormal: business hours
throughout the term of the Agreement for a period of three (3) y~ars :following the
expiration or termination of the Agreement for any reason.-.
Monthly Event Summary.ReP0rt ’ : ; : ""
A monthly event.summ~ry report ~hall be .prepared and submitted.by the Contractor
to the Program Manager within one (1) Week after each CESQG Program collection
event. Each reportshall include, at a minimum; the following:
8.a 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, we!ghts (for
solids) and volumes (for liquids); and
¯ . fees charged"to.each such.business by the Contractor. "
Ci~rY OF PALO ALTO: (3/2002)RFP143451 SECTION Iii - Rage 11 of 17
PART III - ScoPE-OF SERVICES
10.
8.c " The Contractor shall also provide:
Addiiional information and certifications ¯consistent.with.the sample.C.ESQG
registration form.shown as Figure3 shall alsobe provided. "
Volume and types of wastes collectedby DOT :Hazard-Class..
’ o. copies of all uniform hazardous waste manifests; .-
.. ¯bills of ladingf0r non,hazard0us wastes Collected and managed throug.h
¯ "the CESQG Program by the Contractor;.
,~: i~ib-pack.forms indicating .the contents of .each ~lab-packed drum. and.
¯ .referencing a unique idet~tifi.cation number’f0r each-drur~; .:,
:-° state and federal:landdisposal.restriction notification.fo~s for’~azardou.s
"-.o. hazardous w~ste profiles" requi~ed byiTSDP-;~ &’i~d~ 0ther.wasteirecycl~ng
¯-.. . facilities. ’-" - - . . .. ’ . " ’ "
The Citywill provide .ad.v.ertising for, the :CESQG Program’as it dee.ms appropriate
through, local newspapers, directed mail!ngs, utility bills, etc, The c0ntractor.will be
allowedto pr0vi.de .publii=ity for the CESQG Program as well..At the-City’s.sole.
optioni the ,City may provide e0prdinated efforts with the COntractor to facilitate-
effective Program publicity. ¯ "
Mandatory Approvals
.’The Contractor shall be responsible fo.r preparing and .maintaining any and all
necessary plans, licenses, or.other mandatory documents required~.for. the OESQG
Prog~am,.by regulatory .agencies,: federal,, state or .local laws, ordinances or
regulations, including but not limited to, health and s.afety;’plans, contingency plans
and site. operations plans..The .Gity.shall provide su.¢h reasonable~ssistance to the
Contractor as Jrmay request. The Contractorshall provide.to the Program Manager
copies of ail plans, I!censes Or 0ther~ ma-ndato~.d6c[~me~ts p~ep~red .for the
c~Pe.ration of the CESQG Program.
The City will prepar.e and Submit any regulatory notifications ~uch as local agency
and state Permit by R.ule. notifications, as necessary.. The Co.nt#actor Shall provide
such reasonable assistance to the City as it may request.. As required by the DTSC,
the EPA Generato[..l-dentification Number for the. HHW Program shall be used for
the.manifesting of wastes collected L~nder CESQG Program.. - ..
CITY OF PALO ALTO:(3/2002)RFP143451-SECTION-Ill - Page 12 of t.7
PART III - SCOPE OF SERVICES
11.Transporter, Arranger of.Disp0sal.i and Operator Status
t1.a -The Contractor shall solely assume:
11 .a.1 Responsibility for transporting of, including arranging fo~
transportation of all wastes managed Under the CESQG
~ Program hereunder; .
11 .a:2
11 .a.4
Arranger status for the disposal. of ail wastes collected
and managed undertheCESQ.G. Program hereunder;
and ......
Operator status foi"ali wastes collected and’ managed
through, the CESQG Pi’ogram hereunder.
11.b To the extent permitted by law, the City disclaims any responsil~ility,liability,
or status in Connection with the CESQG Program under the.Agreement. The
City assu rues no title to nor ownership 0fthe wastes, co.llected~ transported,
recycled or disposed of through the CESQG Program..The.City shall n0t.be
deemed a. transPorter, disposer, operator or .generater for, such wastes
collec{ed.and managed under theCESQG Program except as may be
established by law; In additibnl theCity, disclaims any reSPonSibility or
liability fo~;-.arrang..emen.t:
disposal of suchiwaste8 collected and managed.,un.d.er-the CESQG..Progr..am-
hereunder. - .~- - " ..--. -.~- ---
2~LHOUR EMERGENCY RESPONSE SERVICES.- ..... .. -.-
Inthe event of a hazardous materials.or waste incident (abandoned Waste, spill,
leak, etc.)that requires services beyond those that the City is capable of-provid!ng
¯ internaily,.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
¯
¯
¯
furnishing of vacuum tanker services for pumping of underground tanks¯ and
utility vaults (may.inv.o.lve PCB contaminated wastes.);.
furnishing personnel and materials and/or equipment for waste containment;
spill clean-up and site decon.tarfiination;
Hazcat identification of unknowns; and
waste packaging, transportation, and disposal. .
CITY OF~ PALo AL.TO,:(312002)RFP143451 SECTION II! - Page 13 of 17
PART
E=
III -SCOPE OF SERVICES
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 personneli materials and equ pment to respond toinci~ents’t~ proVideemergency response services. ~ - o
Services rendered under this task wil[be compensated for on a time and.., materials:
basis in accordance with the.C0ntractor’s standard schedule of fees.
CONTRACTOR SELECTION CRITE RIA
Selection of the successful Propo.ser..sh#ll, in part, bebased on the following Criteria:
1..-Fees relativeto.theservices pr.ovided:.
=
W, aste management methods-.and TSDFs utilized (hierarchy of disposal methods
from most preferred :to-least: recycling, .fuel substitution,-incineration,
treatment/neutralization,-landfill disposal). -
Proposer;s record .0fviolations related to hazardous waste handling and TSDFs
Proposer’s. experien..~e,, five references, and-capabilities in hazardous,., waste
management; and emergency responSe, including project .personnel.exper~enc.e and
tr.aining.
completeness, clarify, and detail of the submitted Proposal .and evaluation-of the
submittal documentation in SectionG below.
Financial Stability-Of contractor.
F=PRE~PROPOSAL MEETINGS
A p[e-proposal meeting wi!l not be required.
¯ G. PROPOSAL SUBMITTAL REQUIREMENTS
Proposers.shall at a minimum include the following in their. Proposal.packages (original and
two cop!es of each)!
1.Complete Proposer’s HHW Program Fee Schedule and Bidder’s Page~.
.pr~oPoser’s standard schedule-of fees.
:CITY OF PALO ALTO: (312002)RFP143451 SECTION II1..- Page t4 of t7
PART III - SCOPE OF SERVICES
=
A d.escr!ption of the Proposer’s experience and capability in this type of work
including: ~
3.a -Resumes of key.personnel and staff to.be assigned to this project;
3.b Pro.posed or~lanization chart of key personnel and staff to be. assigned .to this
Project; and .. " ."
A list o.f references of at least five re(~ent y.completed projects ofa similar.
-nature. including client names, contact.persons, .telephone.:numbers and
project descriptions. ......
A description of the Proposer’s arrangements for tr.ansportation of.hazardous wastes
_ te be.managed under this projectincluding:
A copy of the State of California DTSC Certificate of Registration as a
hazardous ;.waste .-transPorter for, P.~oposer. (if-Proposer provides.
transportation) and for any subcontracted transporters to.be utilized;
.A list Of. transporter hazardous waste, hauler, registrati,ons-for otherStates
through which hazardous.wastes to be managed under this project may.be
transported. " ’-
A .Waste Management Plan describing the TSDFs,and. other waste/recycling
facilities to be utilized to .manage wastes-collected unde.r this-project including the
facility name, address, telephone number,. EPA ID-number, specific.waste streams
to bemanaged at each-TSDF listed, and a description.0f the wa~te-management
processes to be utilizedl If available, a Copy of the T.SDF’s Ackr~owled-gement Of
Notification.of Hazardous Waste Activity shall be i.ncluded~ -
A detailed descriptionof auditing procedures Used. by the P.rop6ser for.selecting
TSDFS an,d, other waste/recycling .facilities: and. a brief.,discussion Of audit results forthose facilities prbpesedif0.i~iutiiization in this p~gt~m shall be-inciude~l inthe
Proposal...’Ehe City may .request more detailed facility audit information at a-late[
date. :, .. ... . ¯ ¯ ..
General HHW PrQgr~m and CESQG Program Operati0n.Plan(s) Which shall inClude.
at a minimum detailed descriptions of the following:
6.a " Organization of staffing and a description of duties of each.staff member;
CITY OF PALO ALTO: (3/2002)RFP143451 SECTION i11.-. Page 15 of 17
PART III - SCOPE OF SERVICES
6.b Employee safety and procedural.training;
=
6.C Safety procedures; supplies, materials and equipment to be furnished for
operations, safety, and contingencies; ¯
Waste acCeptance and handling procedures !ncluding screening, Qnload!ng,
identification, classification, and segregation;
6.f Procedures for-packagingand con~01idation of collected’wastes;
6.g Documentation and invent’ory con~:rdl procedures in~ludin~j!’~Proqeduresfor
drum inventory, and content control, labelling, ,manifesting and ~sociated
6~h Procedures for identification of unknowns;
6.i -- Proce:dures f~r management Of unacceptable or unusually hazardous
wastes; and .... "
6.j Procedures for, site clean-up and restoration.
NOTE:.The general HHW Program and-CESQG Program Operation Plan(s)
being requested for submittal with the proposal .need. notbe tailored specifically
:.t0 the Palo.AIto programs.-The Plans tobe submitted with the.proposal must
ptovide"sufficient information and detail to demonstrate capabilities, for the
oper&tion Of the HHWand CESQG.Programsi.The .successfu! Contractor shall-
be requi~ed to,. prepare site specific. HHW Program and CESQG-Program
Operation Plan(s) tailored to the Palo Alto Programs.upon notification., of
selection.
-Genera! HHW Program and CESQG.Program Conting~noy: Plan(s)that shall inclt~e
at a minimum detailed desci’iptions of the following:
6.d Sil~e setup prodedures;
¯6.e
7.a Organizat!on of staffing and a description .of.daties of.each staff member;
7,b Contingency Plan :~raining including first aid, implementation procedui’es,use
of safety, containment and clean:up equipment; .- ¯
Supplies, materials and equipment to be furnished for Contingency Plan
implementation; " ’
CITY oF PALO ALTO: (13/2002)RFPq43451 SECTION ill - Page 16 of 17
PART III - SCOPE OF SERVICES.
7.d Procedures for emergencies including spills,fire, explosions, injuries,~.natural
disasters, etc.;
Procedures fornotifying OUtside emergency response agencies and
regulatory agencies including identification of agencies that may p0te~ially
be notified;
Procedures for dealing with inclement weather; and
=
’9.
7.g Communication procedures,
NOTE: The general HHW Program.and CESQG P~ogram Contingency Plan(s)
being requested for submittal with the proposal need not be tailored SPecifically
to the. Palo Alto. programs. The Plans to be submitted with the proposal must
provide Sufficient information and detail to demonstrate capabilities for the
operation of the HHW and CESQG Programs. 3"he successful Contractor shall
be required to. prepare site specific HHW Program and CESQG Program
Contingency Plan(s) tailored to the Palo Alto Programs upon notification of
selection. ’
A discussion of the ~egulatory compliance record of"the Prbposer land any
subcontractors. This. discussion .will include .a description of any accidents or.
¯ violations issued to the Proposer and. any subcontracted-transp0.rter.by the. EpA,
Department of Transportation,. D,’I’SC, local-regulato, ry. agency..an.d .Ca!ifornia
Highway Patrol duringthe pastyear from the date of.proposal submittal. -.
De.t~!led and specific information on. prop.oser’s..c.apabili~t!.es..for emergency, response
services .in~luding .location(s) of emergency response groups, a.,nd.equipment, a
listing of.locally av,a!!able..emergency ~:esponseequipment, eme~:gency response
capabilities a.nd experience, etc.. ..
CITY OF PALO ALTO: (3/2002)REP.143451 SECTION III. Page 17 of.17
EXHIBIT B
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June 41 2002
ChemicalServices Division
safetq,ldeen.
Mr. Sean Kennedy
City of Palo Alto
3201 East Bayshore Road
Palo Alto, California 94303
RE: RFP 143451
.Dear Mr. Kennedy:
The following is to confirm on the contract specifications agreed upon on May 29,
2002 between City of Palo Alto and Safety-Kleen (San Jose)., Inc.
1.)The.mobilization cost for a Friday and Saturday Temporary HHW Collection
Event is $6,869.53,
2.)Latex paint containers less than half full will be bulked. Latex containers
greater than half full in volume will be Ioosepacked in cubic yard boxes.
Oil-based paint containers less.than half full will be bulked together with buik
flammable liquids. Oil-based paint containers greater.than half-full in volume
will be Ioosepacked in cubic yard boxes.
Note: Approximately 125 1-gallon containers and 65 ~luarts will fit into a
cubic yard-box (.-. 141 gallons, approximately 3. bulk drums).
Photo Developer will be recycled as Ioosepack at Safety-K!een’s Reedley
Recycle Center,
Fee Waste Description ¯
Item
13.IUsed Photo Developer,
Mgmt
Method
Fuel
Substituition
-Packing
Method
.Loosepack
Unit Price:,
Packaging,
Transportation
& Disposal per
5-gal Drum
$43.00
0nit PPice:
Packaging,
Transportation
& Disposal per
30-gal Drum
$100.00
Unit Price:
Packaging,
Transportation
& Disposal per
55-gal .Drum
$143.00
Propane Cylinders (all sizes) will all be recycled.
3.)
4.)
5.)
Safety-Kleen’s response to the City of Palo Alto’s Request for Proposal for
Household, CESQG and Emergency Response Hazardous Waste
Manage.ment Program will remain valid for the entire term of the contract.
Safety-Kleen will provide advanced written request to the. City of. Palo Alto for
lesser number of on-site staff during the winter collection events.
Safety-.Kleen will assure customer service odented Survey takers .as Safety-
Kleen realizes that public relations is a vital factor in repeat program
participants.
6.)Safety-Kleen will have Friday collection events expanded to the hours of 1:00
p.m.. to 5:00 p.m. "
7.) SAFETY-KLEEN (ARAGONITE), INC.
E.P.A.I.D. No.:UTD981552177
Site Location: 72 miles west and 4 miles south of S..ait Lake City, Utah
(Exit56 off.l-80) -
Mailing Address.’ P.O. Box 22890, Salt Lake City, UT 84122-0890
Shipping Address: 1i600 North Aptus Road, Aragonite, uT 84029
Phone:(801) 323-8100
Fax:(801) 323-8877
Aragonite Incinerator Facility Management
Vice-Pre~ident and General Manager: Shawn Raju
Engineering and Maintenance Manager: Tom Reames
Human Resources Manager:Camille Guth
Health and Safety Manager:
Business Manager:
O perations Manager:
Environmental Affairs Manager:
Laboratory Manager:
Production Planning Manager:
Training Manager:
Description
Shelly Duszynski
Peter Pasquier
Dan Locke
Peter Dwelley
Pat Canney
Ladislao Garcia
Roger Thompson
Land for the-Aragonite Incineration Facility was purchased in May 1987.
Ground breaking was held on May 2, 1989 and construction was
completed o.n July 8, 1991. On December-19, 1.991, the Aragonite
Incineration Facility commenced incinerating waste.
The RCRA-permitted Aragonite Facility provides a full range of. high-tech,
highly sophisticated incineration services. Located in a remote section of
north-central Utah, this site can accept a wide range of materials -
including PCB waste. An on-site customer service operation assures
ongoing communications With generators and rapid ahd efficientresponse
to any client demands. Aragonite complies with MACT. As a precaution to
ensure that compliance; .we are in the process of adding a carbon and lime
injection system .tominimize further mercury and dioxin/furan in the gas
flow.
The incineration system, thermally oxidizes and destroys liquid, solid,
gaseous and sludge-like .hazardous wastes at temperatures ranging from
1,8200 F to as much as 2,2000 F to assure destruction of the most difficult
wastes. -The system is permitted for a thermal capacity of 140 million BTUs
per hour. The kiln is operated under a slight vacuum, thereby assuring that
.any flow. of gas-or corfibustion air in the l~eed system _is into the kiln. This
ensures no escape of untreated combustion off-gasses to the atmosphere.
The facility is permitted to handle, treat and store a wide variety of
hazardous and non-hazardous waste streams. The facility can treat most
RCRA waste. Waste codes that are unsuitable for treatment at Aragonite
can be managed at one of Safety-Kleen’s alternate facilities for final
disposal or recycling.
The facility is one of the few disposal sites in thewestern United States that
can safely and effectively manage TSCA wastes or those wastes
containing PCBs. Other disposal capabilities available at Aragonite are the
management and treatment,of reactive wastes, household hazardous
waste and industrial waste.
The facility is permitted to store bulk solids (1,200 yd3), b.ulk liquids
(480,000 gal), bulk sludges (37,000 gal), and drummed wastes (10,208 55-
gal drum equivalents), All storage areas were designed to meet or exceed
regulatory requirements to assure secondary containment and detection
systems that preventg round co ntamination.
Approval Process
To receive approval, for incineration of a waste stream, generators must
submit the following:
¯One QUart (approximately 1000ml) representativ~ sample.(except for
lab-packs and unused/unopened containers).
¯A completed Safety-Kleen Profile Waste Data Sheet.
¯Any other lab analysis, technical data-and/or other data needed for
waste approval
Features and Benefits
The Aragonite facility is permitted by the. USEPA and the. State of
Utah to accept nearly all waste codes, as. well as PCB waste. ,
The facility is located in an isolated part of northern Utah, far from any.
populated areas. This not only .minimizes public cqncems, but also
further reduces the likelihood that operations will have any impact on
surrounding areas.
The site can be accessed by either rail-or truck, which helps keep
waste transportation costs to a minimum.
With its ample on-site storage capacity, the facility can accept large
volumes of material prior to treatment, so there are no scheduling
hassles or service interruptions.
A laboratorY at the location is fully staffed and operational. This
enables trained chemists to sample and test all material and provide
timely approval and efficient processing.
The facility’s dedication to customer satisfaction is reinforced by on-
site customer service capabilities. This ensures that any client
concern; question or demand receives an immediate response.
Residual material from Aragonite’s operations is managed within the
company’s network, at highly engineered facilities and in full compliance with
State and Federal regulations. This eliminates any issues related to liability
transfer, and helps minimize the risk of long-tetTn exposure for customers.
We .continue to enjoy our business relationship with the City of Palo Alto and we
are 101oking. forward, to another successful term. Please call me at (916) 375’0355.
if you have any questions or Tige Nelson at (916) 375-2611 ext. 2029.
Respectfully,¯
.
"~Se~ior Proposal Developer
SECTION 2.
EXHIBIT B
Chemical Services Division
ssafeiq,l leen.
-STANDARD SCHEDULE OF FEES
Proposal for City of Palo Alto:
RFP 1,43,451, Household and Small Quantity Generator
Hazardous Wast~ Management Program
Page 2
Standard ER Pricing
LABOR
Industrial Hygienist
Project Manager
Response Foreman-
Chemist
Lead Technician
Field Tec.hnician
Administrative Clerk
HOURLY RATE
$95.00
$75.00
$63.00
$60.00
$50.00
$.45.oo
$20.00
TRANSPORTATION
Emergency Response Unit with Cellular Phone
Vacuum Truck - Mild Steel (60-70 bbl)*
Vacuum Truck- Mild Steel (120-130 bbl)*
Vacuum Truck - Stainless Steel (130 bbl)*
Vacuum Truck - PVDF Lined (130 bbl)*
Vaccum Truck - Conical SS (130 bbl)*
40’ Trailer and Tractor
40’ Flatbed
18’ Van or,Flatbed .(Bobtail w/Liftgate)
Pickup Truck
4-Door Sedan
Roll-Off.Truck
Roll;Off Tandem Truck
End-Dump Truck (18 -24 cubic yards)
HOURLY RATE
$70.00
$75.0O
$80.O0
$.9O.0O
$100.00
$-95.oo
$75.0O
$75.0o
$70.oo
$20.oo
$2O.OO
$75.oo
$9o.00
$80 "m00
* Vacuum Truck rates include oper~or .
"
OPERATIONAL EQUIPMENT
¯ Roll-Off Sludge Bin
(10, 15, 20, 30, and 40 cubic yard sizes)
Forklift,
ER Support Trailer
Mobile Steam Cleaner
Mobile Decontamination Trailer
150 CFM Air Compressor ¯¯
10 or 20 CFRM Compressors.,
Pressure Washer
Generator
HEPA Vacuum
1½ to 2½ Diaphragm Pump
Rivet Buster
Chop Saw-Metal with one (1) Blade
Sawzall
Skillsaw- with one (1) Blade
Barricades
UNIT
per day
RATE
$15.00
per day COST + 25%
per day $200.00
per day COST + 25%
per day $190.00
per day $225.00
per day $100.00
per day $225:00
per day $125.00-200.00
per day $-150.00
per.day $125,00
per day $125.00
per day $125.00
.per day $50.00
per day . $50.00
per day $10.00
S~ndard ER Pricing
MATERIALS
5 Gallon Steel Drum
5 Gallon Poly Drum
14 Gallon DOT Poly Drum
20 Gallon DOT Poly Drum
30 Gallon DOT Steel Drum
55 Gallon DoT
55 Gallon DOT
55 Gallon DOT
55 Galion DOT
55 Gallon
55 Gallon
85 Gallon
85 Gallon
Triwall Box
Bin Liner
Drum Liner, Plastic
Drum Ring and Bolt, 55 Gallon
Drum Bung
Surepak - 4 cubic foot bag
Solid-a-sorb 25 pound bag
Pozzalonic Ash, i cubic foot bag
Pozzalonic Ash, 1 ton bag
Caustic Soda, 50 pound bag
Cement, 100 pound bag
Sandbags, Empty
Floor-Dry, 25 pound bag
Absorbent - Booms
Absorbent - Pads.
Plastic Sheet - Visqueen
Hazardous Waste Labels
DOT Shipping Labels
Hazard Tape
Rags
Disposable Siphon Pumps (POGO) -
Shrink Wrap
Camera (Polaroid)
Propane Torch
Extension Cord
Eye Wash
Water Cooler
Ear Plugs
Disposable Safety Blanket
Duct Tape
Tow Rope
Harness with Safety Line
Tripod with Extension Devices
Spray paint
Spray Adhesive
Steel Drum, Open Top (Reconditioned)
Steel Drum, Open Top (New)
Steel Drum, Closed Top
Poly Drum, Closed Top
DOT Poly Drum, Open Top
Fiber Drum
DOTRecovery Drum - Steel
DOT Recovery Drum - Poly
UNIT.
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
.each
each
each
each
per roll
each
each
per roll
per pound
each
per.roll
per picture
per day
per length
per use
per use
per pair
each
per roll
per length
per day
.per day
each
each
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
.$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$.
$
$
$
$
$
RATE
15.00
15.00
37.75
49.50
45.25’
45.25
75.50
45.25
52.00
52.00
27.00
145.00
194.00.
100.00
60.00
6.00
18.00
7.00
15.00
15.00
10.00
140.00
45.00
22.00
5.00
6.00
55.00
3.00
100.00
1.00
0.50
35.00
3.00
22.00
30.00
6.00
25.00
15.00
25.00
25.00
1..00
35.00
5.00
25.00
65.00
200.00
7.00
15.00
Standard ER Pricing
MATERIALS
Eye and Skin Neutralizer
Instant Eye Packs
Fire Extinguisher
1 Gallon Plastic Bags
Decontamination Materials~
Vegetable Oil
Simple Green
Detergent
Tfisbdium Phosphate (TSP)
Caustic
Bleach
Alcohol
Other
INSTRUMENTS I TESTING EQUIPMENT
Mercury Vapor Analyzer.
Organic Vapor Anayzer-PID Hnu
Combustible Gas Indicator-LEL
Magnetometer
Drager Air Pump
Drager Colorimetric Tubes
Radiation Detector
Air Sampling Pump
Sampling Pipettes
Ph Paper- Box
One Quart Sample Ja~s
8 oz. SampleJars
4 oz, Sample Jars
HazCat Kit
PCB Screen Kits
QC -Rods
Sample Auger
Sam pie Tubes-2"x6" Brass
Drum Thieves
Sample Packing and Shipping
PERSONAL PROTECTION EQUIPMENT
Level h, - Fully Encapsulating Gas Tight Suit w/SCBA
Level, B - Poly Tyvek through Fully Encapsulated Suit but not
gas tight w/SCBA
Level C - Air Purifying Respirator, Tyvek Suit, Gloves, Safety
Glasses and Boots
Level D -Tyvek Suit, Gloves, Safety Glasses and Boots
Breathing Air - 224-Cubic Foot Cylinder
SCBA Bottle
Full Face Air Purifying Respirator
UNIT RATE
each $12.00
each $5,00
per day $15.00
each $1.00
per gallon $10.00
per gallon $15.00
per gallon $12.00
per pound $5.00
per pound $5.00
per gallon $12.00
per gallon $12.00
COST + 25%
UNIT=
per.day $
per day $
per day $
per day $
per day $
per day "$
per day $
each $
each $
each $
each $
each $
per ID $
each $
each $
per day $
each $
each~$
per sample $
UNIT
per ensemble $
per ensemble $
per ensemble $
per ensemble $
each $
each $
each $
RATE
175.00
150.00
85.00
-75,00
50.00.
¯ COST + 25%
50.00
65.00
1.00
20.00
11.00
8.00
6.00
10.00
20.00
¯ 6.00
75.00
8.00
4.00
65.00
RATE
650.00
225.00
90.00
50.00
45.00.
25.00
35:00
¯ Additional PPE:
Acid Suit
Tyvek Coveralls
Poly Cover Tyvek Coveralls
Saranex Coveralls
Fully Encapsulating Gas Tight Suits
Fully Encapsulating Suits
Stee-Toe .Boots
Boot Covers
Dust Masks
APR Cartridges
Goggles
Safety Glasses
Surgical Gloves - Latex
Surgical Gloves - Nitrile
Cotton Gloves
Rubber Gloves
Face Shields
Safety Vests
Rain Gear
Standard ER Pricing
UNIT
each
each
each
each
each
each
per pair
per pair
each
per pa=r
per pa=r
per pa~r
per pa~r
per pa~r
per pa=r
per pair
each
each
each
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
RATE
68.00
8.50
13.00
21.00
600.00
175.00
20,00
6.00
10.00
15.00
25.00
25.00
5.00
5,00
3.00
4.00
5.25
25.00
25.00
Please note the following:
1.) Emergency response rates apply to all services which require Safety-Kleen to mobilize in 48
hours or less from the time of completed request for service.
2.) All work scheduled between 0700 and 1800 will begin at straight,time rates. All transportation
and labor rates between 1800 and 0700 or after 8 continuous hours will be. billed at overtime rates.
Overtime rates for labor and transportation are time and a half of the~ubli§hed hourly rates.
3.) All work after 12. continuous hours, weekends or holidays will be at premium time rates.
Premium rates for labor and transportation are double time of the published hourly rates.
4.) Subcontract, disposal, unlisted materials, or outsifde services will be billed at COST + 25%.
5.) Transportation for disposal will be negotiated and quoted, on a case-by-case basis.
6.) Per diem of $95.00 per day will be charged for field employees when necessary due to distance
or project.
7.) All pricing is based on time and materials and subject to change.
EXHIBIT C
INSURANCECERTI~ICATES
PRODUCER
MarshTwo Uberty square .
75 Beaffie Plata
Suite 300
:’~.’-..~..~envifle, SC 29601-2164
NSURED
ATL-000681113-O0
1H15 CERT~=IOATE I$ ISSUED Aa A MA’I-~R OF’INFORYATION ONLY/~ID OONFER$
NO RIGHTS UPON THE GERTIFIGATE HOLDER OTHER THN~ THOSE PROVIDED R THE
POLICY.THIS C;ERTI=IP.~TE DOE3 NOTAMEMD, EXTEND OR ~LTER THECOVERAGE
. ~FFORDED BY TI’IE POLIGIES DEaGRIBED HEREIN.
COMPANIES AFFORDINI~ COV~RAO~
715701 A AMERICAN HOME ASSURANCE COMPANY
SAFE’[Y.KLEEN (CALIFORNIA), INC.B NATIONAL UNION FiRE INSURANCE COMPANY
3201 EVERGREEN AVENUE, SUITE 360
~ST SACRAMENTO, CA 95691 c<~MpANY
C INSURANCE CO STATE OF PA
CCMP.~IY
D GREENW1CI~ INSURANCE COMPANY
THIS IS TO C~RTIFY THAT PO_ICIES OF INSURII~NC~ DESCRIBED HEREIN HA~/~ BEEN ISSUED TO THE INSJRED NRAED HERI:=IN FOR THE POLICY PERICO INDICATF_O.
NOT1NTHSTANDING ANY REQUIREMENT I"~RM OR CONDI’rlCN OF ANY CONTRACT <DR OTHER DOCUMENT WITH RES=IECT TO V~HICH THE CSRTIFICATE MAY BE ISSUED OR MAY
PERT.NN, THE INSURANCE/IFFORDED BY THE POUC|ES DESCRIRmD HERBN IS SUBJECT TO/~L THE TERM~ CONDITIONS NqD EXCLUSION.S OF SUCH POLICIES LIMITS
MAY HA~ BEB~J REDUCED BYP,ND CL.NMS
LTR
C
C
C
C
POLICY NU¥ BER
’1737614
5273498 - All Olher States
5273500 -TX
5273501-MA, VA
BE8713603
1663520. All Olher States
POLICY EFFECTIVE
DATE ~MIDDPt’Y)
~J9101t01
09101101
09/01/01
09101101
09101101
09/01/01
POLIOY EXPIRMION
09/01/02
09/01102
09/01102
09/01102
09/01102
09/01102
LIMITS
GENIAL AG ORE GA’I’E
PRODUCTS - CO~4 P/OP AGG
~R~N~ & ~VINJURY
~ ~RREN~ "
FIRE D~AGE (~y me flt~
~BINEO SNGLE LIMIT
BODILY INJJRY
BODILY I N,.URY
pe~ accident)
~O~R~ D~AGE
NJTO ONLY - EA ACODENT
OTHER THAN AIJTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGA’FE
"N/A TO INSURER "D"
I WC STATU-OTH.TORY L’M’TSIX,
$
$
$
$.
$
$.
$
2,000,000
2,000,000
500,000
500,000
50,000
2,000,000
$. 10,o00,000
$10,000,000
$
’D
THE PROR~IEI’OR!~-~ INCLPARTNERS~CUllVECFFIC~S ARE"EXCL
O]HER
CONSULTANTS ENVIR LIAB
POLLUTION LEGAL LIAB
1663540 - CA
1663546 - Wl
1663582 - O R
=EC0007099
09101/01
09101101
09/01/01
09/01 I01
! 0115/00
0~/01102 EL E~CH ACCIDENT
~/0i 102 EL DI~A~.PQ.ICY LIMIT
0~01/02 EL DI~ EMPLOYEE
~H LOSS
~Ol/~AGGREGATE
~CH LOSS
11117~AGGREGATE
$
$
$
1,000,000
1,0OO,OO0
I
O~UUU, U~’U
1O,O00,O00
10,000,000
10~000~000
;DESCRIPTION OF OPERATIOM,SILOCATIOMSIVEHIOLESISPEClilI~ ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS)’CITY OF PALO ALTO, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES ARE LISTED AS ADDITIONAL INSURED AS RESPECTS
LIABILITY ARISING OUT OF THE OPERATIONS OR PREMISES OWNED BY OR WRITTEN BY THE NAMED INSURED UNDER GENERAL &AUTOMOB LE LIABILITY POLICIES ONLY.
CITY OF PALO ALTO
PURCHASING AND CONTRACT ADMINISTRATION
P.O. BOX 10250
PALO ALTO, CA 94303
--:.:::~::.-
~HOULD ANY OF TIE POU(~ES.DES~RIBED IEREIN BE CAN~LED BEFORE TIE E,~IRAllON DATE TheReOF.
PARTII-PROPOSERINFORMATION
EXHIBIT D
SECTION 300A
PROVIDE THE INFORMATION REQUESTED BELOW OR INDICATE "NOT APPLICABLE", IF APPROPRIATE
NAME OF PROPOSER (COMPANY)
Safety-Kleen (San Jose), Inc.
Phone Number:
(408) 451-5000
A.. Proposer is a:
ADDRESS
1040 Commercial Street Suite 109
San Jose, CA 95112
IRS Number:
94-2685637
Fax Number:
(408) 453-6045
’California Corporation
Corporation organized under the laws o~f the State of
with head offices located at
and offices in California at
, propr etor.
[]
[]
[]
[]
California Limited Liability Company
S01e Proprietorship;
Partnership
Limited Liability Partnership
List names of partners; state which partner o’r partners are managing partner(s)
[]Other (attach Addendum with explanatory details)~
B.How many years have you (or your firm) done business under-the name listed above?
C.How many years of experience similar {o work or services cove red in this RFP?
D.Provide relevant references ofcontracts satisfactorily completed in the last three (3) years:
CUSTOMER COMPANY
4 years
18 years
CONTACT/PHONE NUMBER I DATE COMPLETED
Please see Proposal Section 3C (pg.
17), HHW References
CONTRACT AMOUNT
(PROVIDE ADDITIONAL SHEETS, IF NECESSARY)
CITY.OF PALO ALTO RFP 143451 PAGE t OF 4
PART II- PROPOSER IN.F~ .O.R_MATION
Fo
SECTION 300A
Have yo.u (or your firm) previously worked for the City of Palo Alto? _.~ Yes, or No (if "Yes"i list
above, or if necessary, provide information-on additional sheets).
[f applicable, provide a list of the plant(s), and/or facilities, and equipment Owned by the Proposer which
are available for use on the propo.sed work as may be required herein.
~QUANTITY NAME/TYPE/MODEL, CAPACITY, ETC.CONDITION LOCATION
( NCLUDE ADDITIONAL: ~PAGES IF NECESSARY)
Provide alist of the Proposer’.s ma[~agement staff who will manage.the proposed work or ~ervices:
FIELD OF EXPERTISE/CAPABILITIES/EXPERIENCENAME-
¯(INCLUDE ADDITIONAL PAGES IF NECESSARY)
Contractors license, number/type:
Minority Business Enterprises: JProposer is __, or is not " . a minority, or Women, or Disadvantaged Business EnterprIse -
Small BusinessConcern: yi’ "Proposer is -- , or is not . a small Business Concern
Identify the names and business address of each subcontractor performing work, under this RFP. After
opening of proposals, no changes or substitutions will be allowed except as otherwise .permitted by City.
’ The listing, of more than one subcontractor for each item of work.to be performed with the words ’and/or’
will not be permitted. Failure to comply with this requiremept will render-the Proposal as non-responsive
and may cause its.rejection. List all such subcontractors below, or in additional sheets, as required:
NAME AND ADDRESS SCOPE OF WORK
(INCLUDE ADDITIONAL PAGES IF NECESSARY)
not perform work, provide labor, or render services in or about the work
RFP (check and initial).
CiTY OF PALO ALTO RFP 143451 PAGE 2 OF 4
PART ~1] -.:, PRQPOSER,INFORI~ATION
L
:~S~]a~fit Secreta~; C~zef. F2han:e~aL,~fficeq..o~Aast~an~,-:Treasurer,. In the.a[ter~abve; ;a cedified
:~rp6~ats.resolut on a~ti~g .tO~fies~gn:aiory":aUth~r ~ e#:the;lndMauat~,si#ni~g In ~heir respe~ive
~paoltie8 is a~eptab[e
~I~-O.F.~ALO~ALTO RFP 143451
PART II - PROPOSER IN_F.0.R_MATION
:. /’:.:~:::,;. ..~":-::~:~;:.’" Or~
SECTION 300A
The undersigned certifies that., the Proposer is not a:corporatio.n, and is not subject to the requirements of
California Corporations code, and hereby agrees to, and accepts the terms and .conditions of this RFP.
(Signature)
(Printed name 0f signatory)
(Title of signatory)
CITY OF PALO ALTO RFP 143451 PAGE 4 OF 4