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Staff Report 3846
City of Palo Alto (ID # 3846) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/17/2013 City of Palo Alto Page 1 Summary Title: Transportation and Disposal of Ash and Sludge Title: Approval of a Wastewater Treatment Fund Contract with Clean Harbors Environmental Services in a Total Amount Not to Exceed $186,982.53 for the First Contract Year to Transport and Dispose of Ash and Sludge for the Regional Water Quality Control Plant with the Option to Renew for Two Additional One-Year Periods From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1. Approve and authorize the City Manager or his designee to execute the attached contract with Clean Harbors Environmental Services (Clean Harbors) for a period of one year in a not to exceed amount of $186,982.53 for provision of services for transportation and disposal of ash and sludge for the Regional Water Quality Control Plant (Attachment A); and 2. Authorize the City Manager or his designee to exercise the option to renew the contract for the second and third year at a three percent increase per year not to exceed price of $192,134.13 for the second year and not to exceed price of $197,440.28 for the third year provided the contractor is responsive to the City’s needs and the quality of the contractor’s work is acceptable during the prior year(s) of the contract. Project Description City of Palo Alto Page 2 The Regional Water Quality Control Plant (RWQCP) produces approximately two tons per day of ash from its sewage sludge incinerators. Ash pickups are weekly and average 12 to 14 tons per pickup. In recent years, annual ash transport and disposal service has been between 638 to 723 tons. A plan to retire the incinerators by 2019 is currently being prepared (Staff Report ID# 3383) and staff will return to Council in early 2014 with a biosolids technology and disposal recommendation because the incinerators are expected to be in service until the 2016 termination date of this ash hauling contract. The ash has been managed as a state hazardous waste and placed in a hazardous waste landfill instead of a standard landfill since 2007. Staff has investigated the origin of the soluble copper that violates the state (but not the federal) hazardous waste criteria. Staff has not been able to determine the cause of the soluble copper or any practical treatment modifications. The soluble copper forming in the ash during sludge incineration has not impacted the plant’s air or water discharges. If the soluble copper level drops below state thresholds for hazardous waste or hazardous waste stabilization during the contract term, the ash will be directed to an approved landfill at lower cost. During the contract term it is expected that soluble copper levels will remain above 40 ppm (parts per million) and require disposal as hazardous waste requiring stabilization. The existing ash hauler is Veolia ES Technical Solutions (Veolia). Veolia has hauled the plant ash from 2010 to the present time. Clean Harbors hauled and disposed of the plant’s ash from 2007 to 2010; during that term, Clean Harbors’ disposed of the ash at their hazardous waste landfill in Buttonwillow, California. Clean Harbors provided satisfactory service during the 2007 to 2010 contract term. Additionally, Clean Harbors has provided satisfactory service providing household hazardous waste collection, transportation, and disposal/recycling services to the City since 1993. Clean Harbors will dedicate two sealed bins for ash hauling service. Clean Harbors will pick up a full bin of ash once a week and swap out the full bin with an empty bin. Clean Harbors will transport the ash to the Buttonwillow Hazardous Waste Facility operated by Clean Harbors. The Buttonwillow Hazardous Waste Facility is City of Palo Alto Page 3 fully permitted to receive hazardous waste. The facility is located approximately 239 miles from the Plant and is located west of I-5 near Bakersfield, California. The City’s two sewage sludge incinerators have been operating reliably since 1972, without any serious disruption to the incineration process. However, it is possible that extended incinerator downtime would leave the City without readily available sludge treatment and disposal alternatives. As a backup to ash disposal, Clean Harbors will provide emergency sludge transport and disposal in the event that the plant’s two sewage sludge incinerators are both inoperative for a period of more than approximately four days. Clean Harbors has proposed disposal of the raw sludge at East Bay Municipal Utilities District (EBMUD) in Oakland, California during emergency situations. EBMUD has necessary permits as well as experience treating raw sludge from other wastewater treatment agencies on a short-term basis during emergencies and digester maintenance (e.g., for Richmond, California, Central Marin Sanitation Agency, and others). Summary of Bid Process A request for quotation for the project was posted at City Hall and sent to eight bidders. The bidding period was 43 days. Bids were received from four qualified contractors on May 14, 2013 as listed on the attached bid summary (Attachment B). Staff has reviewed all bids submitted. Bids ranged from a high of $266,595.54 (Environmental Logistics) to a low bid of $186,982.53 (Clean Harbors). The Clean Harbors bid is 26 percent below the project manager’s estimate of $251,980. Staff recommends that the bid of $186,982.53 submitted by Clean Harbors be accepted and that Clean Harbors be declared the lowest responsible bidder. Clean Harbors provided the lowest bid for both one-, two-, and three-year contract terms. Staff checked references supplied by the contractor for previous work performed and found no significant complaints. Staff also checked with the Contractor's State License Board and found that the contractor has an active license on file. Bid Name/Number Transportation and Disposal of Ash and Sludge / RFQ 149733 Proposed Length of Project 1 year with option to extend two City of Palo Alto Page 4 additional years Number of Bids Mailed to Contractors 8 Number of Bids Mailed to Builder’s Exchanges 0 Total Days to Respond to Bid 43 Pre-Bid Meeting? Yes Number of Company Attendees at Pre-Bid Meeting? 5 Number of Bids Received: 4* Bid Price Range From a low of $186,982.53 to a high of $266,595.54 – 1st contract year From a low of $576,556.94 to a high of $862,256.98 – all 3 contract years *Bid summary provided in Attachment B. Resource Impact Funds for the first year of the contract have been appropriated in the FY 2013 Wastewater Treatment Enterprise Fund operating budget. Fund for years two and three are contingent upon Council approval of the budget for each subsequent year. Policy Implications This recommendation does not represent any change to existing City policies. Environmental Review The recommended action is exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301 (b), which exempts negligible expansion of an existing use including operation of publicly- City of Palo Alto Page 5 owned sewerage services, structures, facilities, mechanical equipment, or topographical features. Attachments: Attachment A: Clean Harbors Contract (PDF) Attachment B: Bid Summary (PDF) 1 Rev. July 11, 2011 J:\engineer\Projects\Annual Contracts\ash disposal\2013 contract\Staff Report 2013\CMR Att A contract scope of work.doc CITY OF PALO ALTO CONTRACT NO. C13149733 GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on the 17th day of JUNE, 2013, by and between the CITY OF PALO ALTO, a California Chartered Municipal Corporation (“CITY”), and CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., a Corporation, located at 1010 Commercial Street, San Jose, Ca 95112, Telephone Number: 408-391-6214 (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows: 1. SERVICES. CONTRACTOR shall provide or furnish the services (“Services”) described in the Scope of Services, attached as Exhibit A. 2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: “A” - Scope of Services “B” - Schedule of Performance “C” - Compensation “D” - Insurance Requirements “E” - Performance and/or Payment Bond “F” - Liquidated Damages CONTRACT IS NOT COMPLETE UNLESS ALL EXHIBITS ARE ATTACHED. 3. TERM. The term of this Agreement is from June 17, 2013 to June 16, 2016 inclusive, subject to the provisions of Sections Q and V of the General Terms and Conditions. 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached as Exhibit B. Time is of the essence in this Agreement. 5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not to exceed compensation for the full performance of the Services and reimbursable expenses, if any: The total maximum lump sum compensation of dollars ($ ); OR The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR A sum calculated in accordance with the fee schedule set forth in Exhibit C, not to exceed a total maximum compensation amount of one hundred and eighty-six thousand nine hundred and eighty-two dollars and fifty-three cents ($186,982.53) for the first contract year. A three percent (3%) increase will be added for the second and third year of this contract for Bid line items A-1 through A-4, A-6, and for Bid line items B-1 through B-4 and B-6 through B-8. CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. The City has set aside the sum of dollars ($ ) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such Rev. July 11, 2011 J:\engineer\Projects\Annual Contracts\ash disposal\2013 contract\Staff Report 2013\CMR Att A contract scope of work.doc 2 services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement. 6. COMPENSATION DURING ADDITIONAL TERMS. CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco- Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement. 7. INVOICING. Send all invoices to the CITY, Attention: Project Manager. The Project Manager is: James Allen, Dept.: Public Works, Telephone: 650-329-2243. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. GENERAL TERMS AND CONDITIONS A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 6 above, these general terms and conditions and the attached exhibits. B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business. Rev. July 11, 2011 J:\engineer\Projects\Annual Contracts\ash disposal\2013 contract\Staff Report 2013\CMR Att A contract scope of work.doc 3 F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders. G. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. H. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement. I. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement. J. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. K. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. L. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. M. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described in Exhibit D. Insurance must be provided by companies with a Best’s Key rating of A-:VII or higher and which are otherwise acceptable to the City’s Risk Manager. The City’s Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the City’s Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to CITY’s Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the CITY’s Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of Rev. July 11, 2011 J:\engineer\Projects\Annual Contracts\ash disposal\2013 contract\Staff Report 2013\CMR Att A contract scope of work.doc 4 insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement. N. HOLD HARMLESS. To the fullest extent permitted by law, CONTRACTOR shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONTRACTOR, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. Notwithstanding the above, nothing in this Section “N” shall be construed to require CONTRACTOR to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. The acceptance of CONTRACTOR’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section “N” shall survive the expiration or early termination of this Agreement. O. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. P. 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, as applicable, before commencing and during the performance of the Services. Q. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY, CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination if for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to Contractor’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY. R. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of the CITY. No amendments, changes or variations of any kind are authorized without the written consent of the CITY. S. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Contract. CONTRACTOR further covenants that, in the performance of this Contract, it will not employ any person having such an interest. CONTRACTOR certifies that no City Officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Contract. CONTRACTOR agrees to advise CITY if any conflict arises. Rev. July 11, 2011 J:\engineer\Projects\Annual Contracts\ash disposal\2013 contract\Staff Report 2013\CMR Att A contract scope of work.doc 5 T. GOVERNING LAW. This contract shall be governed and interpreted by the laws of the State of California. U. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. V. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. W. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONTRACTOR shall comply with the City’s Environmentally Preferred Purchasing policies which are available at the City’s Purchasing Department which are incorporated by reference and may be amended from time to time. CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Contractor shall comply with the following zero waste requirements: All printed materials provided by Contractor to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by the City’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks. Goods purchased by Contractor on behalf of the City shall be purchased in accordance with the City’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. Reusable/returnable pallets shall be taken back by the Contractor, at no additional cost to the City, for reuse or recycling. Contractor shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. X. AUTHORITY. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. Y. CONTRACT TERMS: All unchecked boxes do not apply to this Contract. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO CONTRACTOR Manager or Designee (Required on contracts $85,000 and over) Purchasing Manager or Designee Approved as to fOl'm: 8 ,.\ . \ . Rev. July 112011 .. engmeer ProJec\s\Annual Conlracls\ash disposal\2013 conlract\StalTReport 2013\CMR A A ' It contract scope of work. doc 9 Rev. July 11, 2011 J:\engineer\Projects\Annual Contracts\ash disposal\2013 contract\Staff Report 2013\CMR Att A contract scope of work.doc EXHIBIT A SCOPE OF SERVICES 1.1 BACKGROUND A. The Palo Alto Regional Water Quality Control Plant (RWQCP) operates a sewage sludge incinerator, which creates a dry ash in the bottom of the furnace. The sludge is thermally transformed into ash containing inorganic oxides. 1.2 PURPOSE A. This contract is for hauling and disposal of ash. The contractor is to maintain qualifications and licenses to haul the ash to a Class 1-nonRCRA sanitary landfill. B. The contractor shall transport and dispose of the ash in accordance with the terms and conditions of this contract. The Contractor shall be expressly designated by the Parties hereto as the transporter of, and the arranger for the disposal of all wastes to be transported, managed and disposed of under this contract. C. The sewage sludge incinerators have been operating since 1972 and producing ash. Though the incinerators have never failed, the potential exists for incinerator nonoperation and loss of all surplus sludge storage capacity. In this case, a backup transportation and disposal contract is needed to handle dewatered, untreated sludge and disposal at a sanitary landfill or at another sewage treatment plant. 1.3 CHARACTERISTICS OF ASH AND SLUDGE A. Ash pickups are weekly and average 12 to 14 tons per pickup. A larger load (say 20 tons) is not frequent and typically occurs after very large storms when the plant is processing a higher solids loading. In most years, there are 52 ash pickups (historically, they are always on Tuesday mornings). Pickups are occasionally (once or twice per year) more often than once a week and the vendor will respond to calls for special pickups. Once a year, an industrial cleaning company (not part of this contract) cleans out one of the plant’s incinerators of its ash for special inspection; an extra bin will be requested from the vendor at least once a year for this purpose and drop off shall be within 48 hours. The special pickup shall not involve one of the two bins used for regular service. Previous year data is shown below, in tons. Year No. of Loads Total Minimum 25%ile 50%ile 75%ile Maximum 2010 53 713 11.9 13.1 13.7 14.2 17.9 2011 54 723 10.0 12.6 13.4 14.0 18.0 2012 53 638 7.4 11.2 12.4 13.1 20.2 B. Ash Copper Levels 1. Since about 2007, the plant’s ash has been hauled and disposed of as a state hazardous waste because the soluble copper level exceeded state limits (not federal limits). If the soluble copper level drops below 25 ppm per state regulations during the contract term, the ash shall be directed to an approved municipal landfill. 2. Since mid-2011, the soluble copper level in the ash has been over 40 ppm. When the soluble copper level in the ash is greater than 40 ppm, final disposal will require that the ash be disposed of in a Class 1 non-RCRA hazardous waste landfill and stabilized prior to disposal, if required by the jurisdiction of the landfill. If the copper level drops per state requirements below 40 ppm during the contract term and remains over 25 ppm, the ash shall be direct landfilled at a Class 1 non-RCRA hazardous waste landfill. 10 Rev. July 11, 2011 J:\engineer\Projects\Annual Contracts\ash disposal\2013 contract\Staff Report 2013\CMR Att A contract scope of work.doc 3. The vendor shall assume that the soluble copper level remains greater than 40 ppm during the contract term unless notified otherwise. C. Wet sludge production is estimated to be 75 tons per day of 28% dry sludge cake (undigested and untreated). 1.4 ASH PACKAGING AND TRANSPORTATION A. The city will load the ash into a bin owned by the contractor and left at the plant site. The contractor shall provide two watertight, open-top, tarped bins for ash. One bin shall remain at the RWQCP and the other shall be used by the contractor for exchanges. The contractor shall deliver the bin to the RWQCP for the temporary storage of the ash. The city will place the ash into the bin and will notify the contractor for exchange of bin and disposal of the ash when the bin is sufficiently full and ready for disposal. The bin, each approximately 40 cubic yards, shall be water tight, lined, tarped, and suitable for transportation of the ash. B. The city will notify the contractor two calendar days before the required disposal of the ash and bin exchange. Typical pickups are on Tuesdays. For city holidays falling upon a Tuesday or for other special coordination, the vendor is to work with plant staff to determine an alternate pickup day. Upon notice, the contractor shall at its expense, remove, transport, and dispose of the ash at an approved, class 1-nonRCRA sanitary landfill site suitable for proper disposal of ash. Removal and exchange of the bins shall be between the hours of 6:05 a.m. and 5:30 p.m., upon city notification. Transportation shall be by licensed, registered hauler who complies with all local, state, and federal laws. C. The city owns and maintains an ash bin cover with a screw to move ash throughout the bin for even distribution. The waste hauler shall only provide bins compatible with the existing cover. A diagram and dimensions of the city’s ash bin cover is included in Attachment A. The city will remove the ash bin cover prior to bin pickup. 1.5 EMERGENCY SLUDGE PACKAGING AND TRANSPORTATION A. The city will load the sludge into a bin owned by the contractor and left at the plant site after notification of need for this service. The contractor shall provide multiple watertight bins for sludge. One bin shall remain at the RWQCP and the others shall be used by the contractor for exchanges. The contractor shall deliver the bin to the RWQCP for the temporary storage of the sludge. The city will place the sludge into the bin and will notify the contractor for exchange of bin and disposal of the sludge when the bin is sufficiently full and ready for disposal. The bin, each approximately 20 cubic yards, shall be water tight, lined, and suitable for transportation of untreated sludge. B. If the emergency sludge disposal is needed, the hauler will need to mobilize to provide service within 24 hours. The plant will need the change out of five or more vendor-supplied 20-cubic yard drop-off bins per day, 24 hours per day, seven days per week. The hauling and transport of sewage sludge will continue until the sewage sludge incinerators are repaired. The vendor will need to have made arrangements in advance for this service should it be required. C. The city will notify the contractor in the event of an emergency need to use their services for sludge hauling. The contractor shall provide a 24-hour emergency dispatch number. Upon notice, the contractor shall at its expense, remove, transport, and dispose of the sludge at an approved sanitary landfill site suitable for proper disposal of untreated sewage sludge. Removal and exchange of the bins shall be at all hours of plant operation. Temporary storage of sludge bins is available onsite when landfills are closed. Transportation shall be by licensed, registered hauler who complies with all local, state, and federal laws. 11 Rev. July 11, 2011 J:\engineer\Projects\Annual Contracts\ash disposal\2013 contract\Staff Report 2013\CMR Att A contract scope of work.doc 1.6 WEIGHTS AND ASSAYS A. The city will keep a record of the estimated weight or volume of each truck load of waste. At its expense, the contractor shall weigh each truckload of waste received at its disposal site and submit the weight tags to the RWQCP. 1.7 DOCUMENTATION, PERMITS AND INSURANCE A. The contractor shall maintain permits and insurance required during the term of this contract. B. Contractor shall provide all appropriate documentation, certifications and records for the transportation, management and disposal of Class 1 wastes and all applicable federal, state and local laws and regulations, including, but not limited to: 1. bills of lading or non-hazardous waste manifests 2. Class I waste manifests and continuation sheets 3. labpack inventory sheets 4. land disposal restriction notifications 5. Class I waste profiles 6. certificates of destruction, decontamination, disposal and/or recycling Appropriate copies of the documentation listed above as well as any other documents required by the City's Project Manager shall be furnished to the City's Project Manager at the time of waste shipment. C. Closed originals of all uniform hazardous (and non-hazardous) waste manifests signed by a duly authorized representative of the receiving Treatment/Storage/Disposal Facility (TSDF) shall be furnished to the City's Project Manager within thirty (30) calendar days of waste shipment. This requirement shall survive the expiration and/or termination of the Agreement. D. Certificates of destruction, decontamination, disposal and/or recycling signed by a duly authorized representative of the receiving TSDF shall be furnished by the Contractor to the City's Project Manager for all wastes to be managed under this contract within one hundred and eighty (180) calendar days of waste shipment. This requirement shall survive the expiration and/or termination of the Agreement. E. The Contractor shall, at all times during the transportation, storage, and disposal of wastes to be managed under this contract, know the location, condition and status of each item being managed. The Contractor shall make such information available in written progress reports to the City's Project Manager upon request. The progress reports shall include a listing of items removed, referenced by an appropriate identification number and uniform Class I waste manifest number and a description of the location and status of wastes on date of the written progress report. 1.8 PICKUP ADDRESS A. Palo Alto Regional Water Quality Control Plant Attn: Operations Shift Supervisor or Senior Operator 2501 Embarcadero Way Palo Alto, CA 94303 650-329-2598 - phone 1.9 BILLING ADDRESS B. Palo Alto Regional Water Quality Control Plant Attn: Mary Sekator 12 Rev. July 11, 2011 J:\engineer\Projects\Annual Contracts\ash disposal\2013 contract\Staff Report 2013\CMR Att A contract scope of work.doc 2501 Embarcadero Way Palo Alto, CA 94303 650-329-2396 - phone 650-494-8395 - fax 1.10 MISCELLANEOUS CONDITIONS A. The waste hauler will have free and easy access to the pickup site. B. The waste hauler will maintain containers in DOT shippable condition. C. Composition of Waste i. If CITY’S waste materials do not conform to the descriptions and specifications in the corresponding Profile Sheet, CONTRACTOR and CITY shall, in good faith, attempt to amend the Profile Sheet and any other pertinent documents and/or correct any improper containerization, marking or labeling to enable CONTRACTOR to accept such non- conforming waste materials at a Facility. If the parties cannot, within a reasonable time after CONTRACTOR notifies CITY the waste materials are non-conforming, resolve the same as set forth above, CITY shall make prompt arrangements for the removal of such non-conforming waste materials from the Facility at which they are located to another lawful place of storage or disposal. CITY agrees to pay CONTRACTOR its reasonable expenses and charges incurred with respect to CITY’S' non-conforming waste materials. ii.CONTRACTOR represents and warrants to CITY that: a. CONTRACTOR is engaged in the business of performing Services with respect to waste materials and has developed the requisite expertise to perform the Services agreed to by CITY and CONTRACTOR hereunder; b. all CONTRACTOR vehicles and each Facility utilized to perform Services hereunder shall have all permits, licenses, certificates or approvals required under applicable laws and regulations for such Services; and c. CONTRACTOR will perform Services for CITY in a safe and workmanlike manner, and in compliance with all statutes, ordinances, laws, orders, rules and regulations applicable to the Services. iii.CITY’S WARRANTIES CITY represents and warrants to CONTRACTOR that: a. the description of and specifications pertaining to its waste materials in the Profile Sheet is and at all times will be true and correct in all material respects, and waste materials tendered to CONTRACTOR will at all times, including, without limitation, at the time of recertification of the waste materials, conform to the description and specifications contained in the Profile Sheet; b. CITY has made available all information it has regarding the waste materials, and if CITY receives information that the waste materials described in a Profile Sheet present, or may present, a hazard or risk to persons or the environment not reasonably disclosed in the Profile Sheet, CITY will promptly report such information to CONTRACTOR; c. if CITY is not the Generator of the waste materials (as defined in 40 CFR 260.10), CITY has all necessary authority to enter into this Agreement with respect to the waste materials; d. CITY is under no legal restraint which prohibits the transfer of possession of such waste materials to CONTRACTOR; e. CITY shall comply with all applicable statutes, ordinances, laws, orders, rules and regulations, and shall provide CONTRACTOR a safe work environment for Services performed on any premises owned or controlled by CITY; and f. if CONTRACTOR requests that work areas be secured, CITY will be solely responsible for securing such work areas and for preventing anyone other than CONTRACTOR personnel from entering the designated work areas. D. TRANSFER OF TITLE CONTRACTOR shall take title to CITY’s waste materials which conform to the descriptions and specifications stated in the Profile Sheet upon completion of loading into CONTRACTOR's transportation vehicles, or if transported by CITY, upon acceptance at the Facility. 13 Rev. July 11, 2011 J:\engineer\Projects\Annual Contracts\ash disposal\2013 contract\Staff Report 2013\CMR Att A contract scope of work.doc END OF SECTION 14 Rev. July 11, 2011 J:\engineer\Projects\Annual Contracts\ash disposal\2013 contract\Staff Report 2013\CMR Att A contract scope of work.doc EXHIBIT B SCHEDULE OF PERFORMANCE CONTRACTOR shall perform the Services according to the following schedule: Ongoing services for a period of three (3) years. 15 Rev. July 11, 2011 J:\engineer\Projects\Annual Contracts\ash disposal\2013 contract\Staff Report 2013\CMR Att A contract scope of work.doc EXHIBIT C SCHEDULE OF FEES Bid Schedule BID SCHEDULE A – ASH HAULING AND DISPOSAL BID SCHEDULE B – SLUDGE HAULING AND DISPOSAL BID ITEM APPROX QUANTITY UNIT DESCRIPTION YEAR 1 UNIT PRICE YEAR 2 UNIT PRICE YEAR 3 UNIT PRICE A-1 723 Ton Disposal cost of ash : $100.00 $103.00 $106.09 A-2 53 Load Transportation cost of ash: $1,225.00 $1,261.75 $1,299.60 A-3 53 Load Liner installation fee for ash - per load: $55.00 $56.65 $58.35 A-4 365 Days Bin Rental for ash: $10.00 $10.30 $10.61 A-5 723 Ton California Non-RCRA taxes for ash; based on the most current California BOE schedule: $21.11 $21.74 $22.40 A-6 723 Ton Local taxes for ash, as necessary, per ton $10.00 $10.30 $10.61 A-7 1 LS Surcharges/fees for ash, lump sum $0.00 $0.00 $0.00 B-1 150 Ton Disposal cost of sludge: $24.00 $24.72 $25.46 B-2 12 Load Transportation cost for sludge: $670.00 $690.10 $710.80 B-3 12 Load Liner installation fee for sludge - per load: $30.00 $30.90 $31.83 B-4 12 Days Bin Rental: $10.00 $10.30 $10.61 B-5 150 Ton Local taxes, as necessary, per ton $0.00 $0.00 $0.00 B-6 1 LS Surcharges/fees for sludge, lump sum $0.00 $0.00 $0.00 B-7 6 EACH Roll-off bin mobilization during backup sludge hauling service $670.00 $690.10 $710.80 B-8 48 HR Onsite truck and truck driver to move empty and full bins in and out of incinerator building during backup sludge handling service $95.00 $97.85 $100.79 1.11 PRICES AND ANNUAL INCREASES A. Standard bid of ash shall include all fees, taxes, and surcharges: 1. Bin rental: no overlapping charge shall be applied on the day of bin exchange. B. ADDITIONAL PRICING CONDITIONS 1. Demurrage will not be charged for pickup of waste up to and including 90 minutes of loading and unloading time. After 90 minutes, the demurrage charge of $95/hour applies 16 Rev. July 11, 2011 J:\engineer\Projects\Annual Contracts\ash disposal\2013 contract\Staff Report 2013\CMR Att A contract scope of work.doc will apply if the city causes the delay. 2. Demurrage will not be charged for delays caused by the hauler not having proper paperwork at the time of arrival at the plant site. 3. Unloading demurrage will not be charged for wastes being delivered unless the City of Palo Alto creates a condition such as an improperly identified waste or nonconforming waste. 4. A minimum volume of 10 tons (or yards, whichever is greater) will be billed for all waste received in a rolloff container, intermodal, or dump trailer delivered to hauler’s waste disposal facility. 5. Haulers’ owned or leased roll-off containers or other equipment that are damaged by City of Palo Alto may be repaired by contractor and invoice City at a quoted hourly rate for labor and parts invoiced at no more than cost plus 30%. 6. Roll-off washout charges are to be included in the pricing. 7. In the event sludge can be hauled to East Bay Municipal Utilities District, the pricing for emergency sludge disposal shall be cost plus 10%. For the base contract, the prices in Section B above shall apply. 8. In case of price increase due to new regulatory fees, waste hauler must notify the City of Palo Alto in writing before any additional fees will be allowed. 9. Quoted disposal rate for sludge, item B-1, includes up to 3% total solids. Should the total solids be above 3%, then an additional $0.02 / gallon for each full or partial percentage above 3% will be applied to the invoice. 10. Regarding Item A-5, BOE fees will be billed according to BOE schedule of Fees at time of disposal. 11. Cancellation of a pickup with less than 24 hours notice will incur a $287 cancellation fee. 12. Solidification of free liquids in a bulk solid container will be subject to a Bin Top Stabilization Fee of $261 per container. 13. Pricing for Bid Item B-7 and B-8 may take place on Contractor’s company holidays. In such cases additional charges will be negotiated between Clean Harbors and the project manager. C. ANNUAL INCREASES 1. The price increase for the second and third 12-month periods of this contract is to be determined in the Base Bid Schedules. 2. The price increase for the first optional 12 month extension of this contract is 3%, which shall apply to scope items 1.12.A.1, 2, 3, 4, and 6 and 1.12.B.1, 2, 3, 4, 6, 7, and 8 only. 3. The price increase for the second optional 12 month extension of this contract is 3%, which shall apply to scope items 1.12.A.1, 2, 3, 4, and 6 and 1.12.B.1, 2, 3, 4, 6, 7, and 8 only. 12 Rev. July 11, 2011 J:\engineer\Projects\Annual Contracts\ash disposal\2013 contract\Staff Report 2013\CMR Att A contract scope of work.doc EXHIBIT D INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 NO PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” 13 Rev. July 11, 2011 J:\engineer\Projects\Annual Contracts\ash disposal\2013 contract\Staff Report 2013\CMR Att A contract scope of work.doc A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 ACORD® CERTIFICATE OF LIABILITY INSURANCEpage 1 of 2 I DATE (MM/DDNYYY) .. ~ 10/29/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: Ifthe certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poliCies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CO~~ACT Willis of Massachusetts, Inc. ~A~RNJ() FXT\' 877-945-7378 I rtfc NO): 888-467-2378 clo 26 Century Blvd. P. O. Box 305191 ~~~~~~~. certificates@Willis.com Nashville, TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Zurich American Insurance Company 16535-002 INSURED INSURERB:American Guarantee and Liability Insuranc 26247-003 Clean Harbors Environmental Services, Inc. and its affiliates INSURER C: Catlin Specialty Insurance Company 15989-000 42 Longwater Drive INSURER D: Norwell, MA 02061 INSURER E: I INSURER F: COVERAGES REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~: TYPE OF INSURANCE ~~~~ I~~ POLICY NUMBER POLICYEFF POLICYEXP LIMITS A ~ERAL LIABILITY Y GLO 9681229-06 11/1/2012 11/1/2013 EACH OCCURRENCE $ 2 000 000 X COMMERCIAL GENERAL LIABILITY ~~~~~H%~~~JtTr~nce) $ 100 000 I CLAIMS-MADEW OCCUR MED EXP (Anyone person) $ 5 000 ~ XCU PERSONAL & ADV INJURY $ 2 000 000 ~ Contractual GENERAL AGGREGATE $ 3 000 000 ~'L AGGREG~ LIMIT APn PER: PRODUCTS -COMP/OP AGG $ 2 000 000 POLICY X ~~C?,: LOC $ A AUTOMOBILE LIABILITY Y BAP 6681231-06 11/1/2012 11/1/2013 COMBINED SINGLE LIMIT 5,000,000 (Ea aCCident) $. rx ANY AUTO BODILY INJURY(Per person) $ r--ALL OWNED ,----SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ rx HIRED AUTOS rx NON·OWNED Fp~?~~C~d~~t~AMAGE $ rx r--AUTOS MCS-gO $ B X UMBRELLA LIAB d OCCUR AUC4275262-08 11/1/2012 11/1/2013 EACH OCCURRENCE $ 10 000 000 r--EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10 000 000 DED [ [RETENTION $ $ A WORKERS COMPENSAl10N WC 9681232-06 11/1/2012 11/1/2013 X [T~~~LfJI¥S [ [U~~. AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE~ N/A E.L. EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? 2,000,000 Ir~~~~~~'lri~e ~~~er E.L. DISEASE -EA EMPLOYEE $ D~SCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 2,000,000 C CPV-671802-1113CPL 11/1/2012 11/1/201 Contractors Pollution $10,000,000 Each Claim Liability $10,000,000 All Claims $ 250,000 Self-Insured Retention DESCRIPl10N OF OPERAl10NS I LOCATIONS I VEHICLES (Attach Acord 101. Additonal Remarks Schedule. if more space Is requiredl See Attached: CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. --For Reference Only --AUTHORIZED REPRESENTATIVE ~ © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCYCUSTOMERID:~0~7=6~90~0~ ______________________ _ LOC#: __________ __ ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Clean Harbors Environmental Willis of Massachusetts, Inc. and its affiliates PDLlCY NUMBER 42 Lon~ater Drive Norwel , MA 02061 See First Page CARRIER I NAICCODE See First Page EFFECTIVE DATE: See First Page ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Environmental Impair.ment Liability Policy Number: PLC-5834364-00 Carrier: Steadfast ~nsurance Company Policy Period: 11/1/2012 -11/1/2013 Limits: $10,000,000 Each Claim $10,000,000 Aggregate Page~of~ Services, Inc. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Year 1 Bid Item Description Project Manager’s Estimate Clean Harbors Environmental Services Synagro WWT- LLC Environmental Logistics Veolia ES Technical Solutions, LLC A-1 Disposal Cost $ 45,549.00 $ 72,300.00 $ 23,859.00 $ 46,995.00 48,441.00$ A-2 Transportation Cost $ 155,820.00 $ 64,925.00 $ 174,966.25 $ 153,700.00 185,500.00$ A-3 Liner Installation Fee $ 2,385.00 $ 2,915.00 $ 2,120.00 $ 2,385.00 2,650.00$ A-4 Bin Rental $ 4,562.50 $ 3,650.00 $ 5,000.50 $ 4,745.00 5,475.00$ A-5 State taxes $ 14,445.54 $ 15,262.53 $ - $ 14,445.54 -$ A-6 Local Taxes $ 2,169.00 $ 7,230.00 $ - $ 2,169.00 -$ A-7 Surcharges/Fees $ 500.00 $ - $ 1,250.00 $ - -$ $ 225,431.04 $ 166,282.53 $ 207,195.75 $ 224,439.54 $ 242,066.00 B-1 Disposal Cost $ 7,392.00 $ 3,600.00 $ 7,800.00 $ 14,250.00 10,837.50$ B-2 Transportation Cost $ 9,360.00 $ 8,040.00 $ 5,844.00 $ 19,200.00 9,360.00$ B-3 Liner Installation Fee $ 360.00 $ 360.00 $ 540.00 $ 540.00 600.00$ B-4 Bin Rental $ 150.00 $ 120.00 $ 164.40 $ 156.00 180.00$ B-5 Local taxes $ 500.00 $ - $ - $ 450.00 -$ B-6 Surcharges/Fees $ 99.00 $ - $ - $ - 151.80$ B-7 Roll-off Bin Mobilization $ 3,960.00 $ 4,020.00 $ 1,995.00 $ 3,000.00 4,320.00$ B-8 Truck and driver $ 4,728.00 $ 4,560.00 $ 5,282.40 $ 4,560.00 6,000.00$ $ 26,549.00 $ 20,700.00 $ 21,625.80 $ 42,156.00 $ 31,449.30 Total of Bid Schedules A & B 251,980.04$ 186,982.53$ 228,821.55$ 266,595.54$ 273,515.30$ Attachment B - Public Works Department Regional Water Quality Control Plant RFQ 149733 - Transportation and Disposal of Ash and Sludge Bid Summary Bid Schedule B - Subtotal Bid Schedule A - Subtotal 5/21/2013 Attachment B-1 of 4 Attachment B - Public Works Department Regional Water Quality Control Plant RFQ 149733 - Transportation and Disposal of Ash and Sludge Bid Summary Year 2 Bid Item Description Project Manager’s Estimate Clean Harbors Environmental Services Synagro WWT- LLC Environmental Logistics Veolia ES Technical Solutions, LLC A-1 Disposal Cost $ 46,915.47 $ 74,469.00 $ 25,051.95 $ 46,995.00 $ 50,863.05 A-2 Transportation Cost $ 160,494.60 $ 66,872.75 $ 183,714.56 $ 153,700.00 $ 194,775.00 A-3 Liner Installation Fee $ 2,456.55 $ 3,002.45 $ 2,226.00 $ 2,385.00 $ 2,782.50 A-4 Bin Rental $ 4,699.38 $ 3,759.50 $ 5,250.53 $ 4,745.00 $ 5,748.75 A-5 State taxes $ 14,445.54 $ 15,262.53 $ - $ 14,445.54 $ - A-6 Local Taxes $ 2,234.07 $ 7,446.90 $ - $ 2,169.00 $ - A-7 Surcharges/Fees $ 500.00 $ - $ 1,250.00 $ - $ - $ 231,745.61 $ 170,813.13 $ 217,493.04 $ 224,439.54 $ 254,169.30 B-1 Disposal Cost $ 7,613.76 $ 3,708.00 $ 8,190.00 $ 14,250.00 $ 11,379.38 B-2 Transportation Cost $ 9,640.80 $ 8,281.20 $ 6,136.20 $ 19,200.00 $ 9,828.00 B-3 Liner Installation Fee $ 370.80 $ 370.80 $ 567.00 $ 540.00 $ 630.00 B-4 Bin Rental $ 154.50 $ 123.60 $ 172.62 $ 156.00 $ 189.00 B-5 Local taxes $ 500.00 $ - $ - $ 450.00 $ - B-6 Surcharges/Fees $ 101.97 $ - $ - $ - $ 159.39 B-7 Roll-off Bin Mobilization $ 4,078.80 $ 4,140.60 $ 2,094.75 $ 3,000.00 $ 4,536.00 B-8 Truck and driver $ 4,869.84 $ 4,696.80 $ 5,546.52 $ 4,560.00 $ 6,300.00 $ 27,330.47 $ 21,321.00 $ 22,707.09 $ 42,156.00 $ 33,021.77 Total of Bid Schedules A & B $ 259,076.08 $ 192,134.13 $ 240,200.13 266,595.54$ $ 287,191.07 Bid Schedule A - Subtotal Bid Schedule B - Subtotal 5/21/2013 Attachment B-2 of 4 Attachment B - Public Works Department Regional Water Quality Control Plant RFQ 149733 - Transportation and Disposal of Ash and Sludge Bid Summary Year 3 Bid Item Description Project Manager’s Estimate Clean Harbors Environmental Services Synagro WWT- LLC Environmental Logistics Veolia ES Technical Solutions, LLC A-1 Disposal Cost $ 48,322.93 $ 76,703.07 $ 26,304.55 $ 46,995.00 $ 53,406.20 A-2 Transportation Cost $ 165,309.44 $ 68,878.93 $ 192,900.29 $ 153,700.00 $ 204,513.75 A-3 Liner Installation Fee $ 2,530.25 $ 3,092.52 $ 2,337.30 $ 2,385.00 $ 2,921.63 A-4 Bin Rental $ 4,840.36 $ 3,872.29 $ 5,513.05 $ 4,745.00 $ 6,036.19 A-5 State taxes $ 14,445.54 $ 15,262.53 $ - $ 14,445.54 $ - A-6 Local Taxes $ 2,301.09 $ 7,670.31 $ - $ 2,169.00 $ - A-7 Surcharges/Fees $ 500.00 $ - $ 1,250.00 $ - $ - $ 238,249.61 $ 175,479.65 $ 228,305.19 $ 224,439.54 $ 266,877.77 B-1 Disposal Cost $ 7,842.17 $ 3,819.24 $ 8,599.50 $ 14,250.00 $ 11,948.34 B-2 Transportation Cost $ 9,930.02 $ 8,529.64 $ 6,443.01 $ 19,200.00 $ 10,319.40 B-3 Liner Installation Fee $ 381.92 $ 381.92 $ 595.35 $ 540.00 $ 661.50 B-4 Bin Rental $ 159.14 $ 127.31 $ 181.25 $ 156.00 $ 198.45 B-5 Local taxes $ 500.00 $ - $ - $ 450.00 $ - B-6 Surcharges/Fees $ 105.03 $ - $ - $ - $ 167.36 B-7 Roll-off Bin Mobilization $ 4,201.16 $ 4,264.82 $ 2,199.49 $ 3,000.00 $ 4,762.80 B-8 Truck and driver $ 5,015.94 $ 4,837.70 $ 5,823.85 $ 4,560.00 $ 6,615.00 $ 28,135.38 $ 21,960.63 $ 23,842.44 $ 42,156.00 $ 34,672.85 Total of Bid Schedules A & B $ 266,384.99 $ 197,440.28 $ 252,147.63 266,595.54$ $ 301,550.62 Bid Schedule B - Subtotal Bid Schedule A - Subtotal 5/21/2013 Attachment B-3 of 4 Attachment B - Public Works Department Regional Water Quality Control Plant RFQ 149733 - Transportation and Disposal of Ash and Sludge Bid Summary Three-Year Summary Project Manager’s Estimate Clean Harbors Environmental Services Synagro WWT- LLC Environmental Logistics Veolia ES Technical Solutions, LLC Year 1 251,980.04$ 186,982.53$ 228,821.55$ 266,595.54$ 273,515.30$ Year 2 259,076.08$ 192,134.13$ 240,200.13$ 266,595.54$ 287,191.07$ Year 3 266,384.99$ 197,440.28$ 252,147.63$ 266,595.54$ 301,550.62$ Total Contract 777,441.11$ 576,556.94$ 721,169.31$ 799,786.62$ 862,256.98$ Comparison to Project Manager's Estimate Below Project Manager’s Estimate Below Project Manager’s Estimate Above Project Manager’s Estimate Above Project Manager’s Estimate Year 1 25.8%9.2%-5.8%-8.5% Year 2 25.8%7.3%-2.9% -10.9% Year 3 25.9%5.3%-0.1% -13.2% Total Contract 25.8%7.2%-2.9% -10.9% 5/21/2013 Attachment B-4 of 4