Contract No. 11051 (CCS)
CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Contract”), entered into as of (“Execution Date”), by and between the CITY OF SANTA
MONICA, a municipal corporation (“City”), and CLEAN EARTH ENVIRONMENTAL SERVICES, INC. a Delaware corporation and its subsidiaries or affiliates as may be designated from time to time (“CLEAN EARTH”), located at 350 Poplar Church Road, Camp Hill, PA 17011 is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. CLEAN EARTH is qualified to do business, and is doing business, in the State of California. CLEAN EARTH represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Contract.
C. The City and CLEAN EARTH desire to enter into an agreement for the CLEAN EARTH to provide contractual services to the City as set forth herein, upon the terms and conditions set forth below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Original Term. This Agreement begins on the Execution Date and terminates three years after the Execution Date (“Original Term”), unless sooner terminated in accordance with Section 14.
1.1 Option to Extend. The City, in its sole and complete discretion, shall have the option to renew this Agreement for up to two (2) additional one-year periods (“Extension Term”). The City may exercise each 1-year option by letter to the Contractor from its City Manager prior to the end of the Original Term or prior to the end of any Extension Term, if any. The exercise of each 1-year option shall automatically extend the term of this Agreement up through the end of the Extension Term.
2. CLEAN EARTH Services. CLEAN EARTH will perform all of the services (“Services”) described in Exhibit A, Scope of Services. CLEAN EARTH will complete the Services in accordance with Exhibit B, Budget.
3. City Services. The City agrees to:
3.1 Make available to CLEAN EARTH any currently existing documents, data or information required for the performance of the Services.
3.2 Designate a representative authorized to act on behalf of City.
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3.3 Promptly examine and render findings on all documents submitted for staff review by CLEAN EARTH.
4. Compensation. The City will compensate CLEAN EARTH for the Services performed in an amount not to exceed EIGHT HUNDRED AND SIXTY-FOUR THOUSAND DOLLARS ($864,000), as set forth in Exhibit B.
5. Invoices. CLEAN EARTH will provide an itemized invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days ofreceipt.
6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
6.1 All notices, demands, requests or approvals to the City:
Resource Recovery & Recycling Division
City of Santa Monica
2500 Michigan Ave, Bldg. 9
Santa Monica, California 90404
Attention: Patty Manalo
Re: Contract No. 11051 (CCS)
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 11051 (CCS)
6.2 All notices, demands, requests or approvals to:
CLEAN EARTH:
Clean Earth Environmental Services, Inc.
350 Poplar Church Rd., Camp Hill, PA 17011
Attention: Legal
Re: Contract No. 11051 CCS)
with a copy to:
Clean Earth Environmental Services, Inc.
2670 Executive Drive Suite A, Indianapolis, IN 46241
Attention: Contracts Administration
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7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. Neither the City nor its officers or employees will have any control over the conduct of CLEAN EARTH or any of CLEAN EARTH’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.
8. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.
This Agreement may be modified only by written agreement signed by City and CLEAN EARTH, and approved as to form by the City Attorney.
9. Insurance. Prior to commencing work, CLEAN EARTH must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by CLEAN EARTH or CLEAN EARTH’s agents, representatives, employees or subconsultants for the duration of this Agreement. CLEAN EARTH must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.
10. Defense and Indemnification.
10.1 CLEAN EARTH agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the act, errors, and/or omissions of CLEAN EARTH, or CLEAN EARTH’s employees, agents, officers, and subconsultants. CLEAN EARTH’s responsibilities under this Section 10.1 shall not include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of CLEAN EARTH, its employees, agents or officers, or subconsultants; for the avoidance of doubt CLEAN EARTH’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the negligence or willful misconduct of the City. Notwithstanding CLEAN EARTH’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from CLEAN EARTH, if City chooses to do so by notice in writing to CLEAN EARTH upon commencement of and action arising to an indemnification obligation hereunder .
10.2 Enforcement Costs. CLEAN EARTH agrees to pay any and all reasonable costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.
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11. Prohibition Against Transfers.
11.1 CLEAN EARTH may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City, which consent shall not be unreasonable withheld, delayed or conditioned. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.
11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CLEAN EARTH or of any general partner or joint venturer or syndicate member of CLEAN EARTH, if a partnership or joint venture or syndicate exists, which results in changing the control of CLEAN EARTH, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
12. Permits and Licenses. CLEAN EARTH, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
14. Default and Termination.
14.1 If CLEAN EARTH fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of thirty (30) days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to CLEAN EARTH.
14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving thirty (30) days’ written notice to CLEAN EARTH.
Upon termination of this Agreement, City will pay CLEAN EARTH any compensation earned and unpaid up to the effective date of termination.
15. Compliance with Law. CLEAN EARTH must comply with all laws of the State of California and the United States, and all ordinances, rules and regulations enacted or issued by City.
16. Discrimination. CLEAN EARTH may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.
17. Nuisance. CLEAN EARTH may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
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18. Records.
18.1 CLEAN EARTH must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. CLEAN EARTH must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.
18.2 CLEAN EARTH must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. CLEAN EARTH must clearly identify all records and make them readily accessible to the City. At the City’s request, CLEAN EARTH must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
18.3 CLEAN EARTH must allow the City to have free access to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit CLEAN EARTH’s records related to this Agreement, and CLEAN EARTH agrees to cooperate with any examination or audit of its records related to this Agreement.
19. Work Product; Reports.
19.1 Any work product prepared or caused to be prepared by CLEAN EARTH or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by CLEAN EARTH or any subconsultant pursuant to this Agreement may be made available to any individual or organization by CLEAN EARTH without prior written approval by City.
20. Standard of Care. CLEAN EARTH agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of CLEAN EARTH’s profession currently practicing in the same locality under similar conditions.
21. Subconsultants.
21.1 If CLEAN EARTH proposes to have any subconsultant perform any part of the Services, CLEAN EARTH must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.
21.2 CLEAN EARTH will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between CLEAN EARTH and any subconsultant (or between any subconsultant and DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 11051 (CCS) entered into between the City of Santa Monica and CLEAN
EARTH on .
22. Governing Law. The laws of the State of California, without regard to any choiceof law provisions, will govern this Agreement.
23. Venue and Jurisdiction. The City and CLEAN EARTH agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement. \\\
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25. Exhibits. The following exhibits are incorporated by reference into this Contract as though fully set forth herein.
Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
APPROVED AS TO FORM:
CITY OF SANTA MONICA,
a municipal corporation
By:
By:
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Interim City Attorney
1/14/2021
Sales Director, SW Region
Clean Earth, Inc.
1/19/2021
Interim City Manager
1/21/2021
City Clerk
Exhibit A
Scope of Services
1. CLEAN EARTH also referenced herein as “Contractor” shall provide the following for the operation of the Household Hazardous Waste Center:
a. Contractor’s staff shall provide hazardous waste management,transportation, and disposal services at the City’s Household Hazardous Waste (HHW) Collection Center as requested by the Resource Recovery & Recycling Division. The center is currently located at 2500 Michigan Avenue and is open to in-house city departments / divisions and to the Conditionally Exempt Small Quantity Generators (CESQG) on the second Wednesday of each month from 8:00 a.m. to 2:00 p.m. Contractor may be also requested to provide staff if the City’s Hazardous Materials Technician is absent. b. Provide emergency response for hazardous waste collection, transportation, and disposal. Provide steel or poly drums along with various safety supplies, packing materials, and labels from the selected contractor for purchase by the City.
c. Provide collection services for in-house city departments/divisions at various sites citywide and transportation and disposal services of these collected materials (e.g. including but not limited to aerosol cans, asphalt emulsion, batteries, oily rags/absorbent, light bulbs, paint, cylinders, propane tanks, fire extinguishers and miscellaneous chemical waste).
d. Provide door-to-door collection services of Household Hazardous Waste (HHW) materials for single family and multi-family residences citywide and transportation and disposal services of these collected materials. e. Provide sustainable and flexible options for residents to dispose of HHW wastes on an ongoing basis;
f. Provide monthly and annual reporting of materials collected and appropriately recycled or disposed of by material type, by weight, and by address.
g. Contractor shall work with the City on oversight and contract administration, as well as provide operational support and supervision for the day-to-day activities. Contractor shall be directly involved with planning and staffing of the Household Hazardous Waste Collection Program and any required collection events.
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h. Contractor shall provide:
i. Manifest Preparation:
(1) When a shipment is requested, contractor shall prepare required manifests, land disposal restriction forms, and billsof lading according to all applicable legal requirements at no charge.
ii. Shipments:
(1) Contractor shall be responsible for the shipment of waste collected at the Household Hazardous Waste Center. Routine shipments will typically occur every two weeks. The size of the shipment will be a minimum of ten drums and is not expected to exceed the size of a 40-foot truck. Contractor shall be responsible for the shipment of all waste collected from households, in-house department/division facilities citywide, the Household Hazardous Waste Center, and CESQGs.
2. Emergency Response Personnel and Proper Collection of Hazardous Waste, Transportation, and Disposal
a. Contractor shall provide emergency response service 365 days per year, 24 hours per day, through an emergency response hotline. The 24-hour emergency response hotline is 1-877-577-2669.
b. Contractor’s emergency response hotline shall be staffed by 40-hour HAZWOPER-trained in-house employees. Callers shall speak with a professional emergency response coordinator on the initialcall.
3. Response Time
a. Contractor shall return communication related to emergencies within two (2) hours. Contractor shall provide the City the emergency contact name, 24/7 emergency contact telephone number, and title of the emergencycontact.
4. Invoicing
a. Contractor shall provide detailed invoices on a monthly basis for allservices.
The invoices that are associated with the door-to-door collection program, HHW, and CESQG programs will be paid on this contract.
b. Contractor to invoice the individual departments/divisions for any in-house routine waste service. Emergency response waste pick-up and removal will be paid by the division requesting the service.
c. As such, the City requires that separate invoice accounts be established for each division and that invoices specify the following information:
Name of person requesting pick-up
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Division name
Location of pick-up
Treatment unit being serviced
EPA ID number associated with invoice
Quantity and type(s) of material disposed
Quantity and type(s) of items purchased (drums/packaging) Project description and other information as required
5. Other Materials May Be Added as Required
a. In-house City departments drop off hazardous waste materials at the HHW Center, and also require specialized collection at various division sites citywide. The Door-to-Door Collection Program will include collection, transportation, and disposal services for these various City locations as well as at the HHW Center. Invoice recipients, frequencies, and waste types are listed below. Pick-up requests will be scheduled by individual divisions as needed. Contractor may be required to provide collection containers and packaging service/materials.
PROGRAM / INVOICE
RECIPIENT
PICK-UP FREQUENCY* TYPE OF MATERIALS
Facilities Management Monthly Light Bulbs/Paint
Fire Department (Training) As Needed Miscellaneous
Fleet Management As Needed Absorbent/Oily Rags
Resource Recovery & Recycling As Needed Varies
Street Maintenance Monthly Asphalt
Traffic Operations As Needed Batteries/Paint
Water Resources As Needed Aerosol Cans/Asbestos
Pipe/Batteries/Paint
Fire Department As Needed Absorbent/Miscellaneous
Facilities Management As Needed Light Bulbs
Library As Needed Light Bulbs
Facilities Management As Needed Light Bulbs
Police Department As Needed Chemical Waste
Water Resources As Needed Miscellaneous
Cemetery As Needed Miscellaneous
Public Landscape As Needed Miscellaneous
*All as needed services shall be scheduled as determined by City. b. In addition to regularly scheduled pick-ups, contractor shall be able to provide pick-up services at various City locations within one (1) business day of notification by staff.
c. Contractor shall provide monthly reports of all in-house City departments that request special collection services at various facility locations Citywide.
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materials were collected, and the type and quantity of materials collected at each location.
d. The Household Hazardous Waste Center accepts waste from Conditionally Exempt Small Quantity Generators (CESQG) under a Permit-By-Rule authorization. The Household Hazardous Waste Center is currently open to the CESQGs on the second Wednesday of each month from 8:00 a.m. to 2:00 p.m. Contractor shall provide staff to assist the City’s Hazardous Materials Technician at the Household Hazardous Waste Center during this scheduled time and provide transportation and disposal services of these materials on a fee-for-service-basis.
6. Citywide Door-To-Door Household Hazardous Waste Collection Program a. Contractor shall provide a toll-free phone number or computer-based scheduling mechanism for households to schedule collection and disposal services for the Door-to-Door Household Hazardous Waste Collection Program.
b. Contractor shall provide collection services within five business days of receiving the request from the resident. Prior to the collection of any hazardous waste, contractor shall provide written instructions advising each residence on the proper containment and storage of all materials placed out for collection. Contractor shall provide a containment device for household hazardous waste materials to each household requesting the service. c. Contractor shall provide to the City a monthly report including names, addresses and phone numbers of each residence collected, and a list of amounts and material types collected at each residence. In addition, monthly reports should include all material types collected, amounts of materials collected, and the amounts of materials that were recycled. d. As part of the door-to-door HHW collection program, the City is requiring the Contractor to accept and collect the following material types at the single family and multi-family residences:
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Single Family and Multi-Family Residences
Category Type of Materials
Chemicals Acid liquid, acid solid, antifreeze, ballasts, base liquid, base solid, batteries lead acid, flammable solid, used motor oil, oxidizer liquid, oxidizer solid, paint – oil based, pesticides (liquid), pesticides (solid), mercury compounds, toxic liquid Electronics Computer cables, CD/DVD/CR/Tape Player, cellphone with battery, computer laptop, copiers (both desktop and standalone), CPU, CRT, Fax machines, keyboards, microwaves, monitors, power supply, desktop printers, scanners, small appliances, speakers, stereos, telephones, televisions (all sizes – including projection and flat screens)
NonClassifiedVehicle used oil filters, non-RCRA solids, non-regulated, non-hazardous materials, latex paint, and sharps.
Universal
Waste
Aerosols, household batteries, compact fluorescent lamps, fluorescent tubes, other lamps, solar panels, mercury devices
Other
New
Program
Waste
Propane tanks from gas barbeques up to ten pounds, fire extinguishers, cylinders which may include oxygen and hydrogen tanks, and smoke detectors, cigarette lighters, and gas grill lighters
e. Contractor’s door-to-door collection program shall use the following methods to advise residents of the program:
i. Flyers (Contractor shall provide flyers to the City to make initial contact with the residents.)
(1) The Flyer shall identify all major components of the Door-to-Door Collection Program and include the toll-free contact phone number.
The Flyer shall have educational information that identifies what is acceptable under the program and how to initially separate and place the material safely into the collection tote (see sample on the following page).
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ii. Press release and Newspaper Advertisement
Contractor shall coordinate the second component of the outreach/and education program by assisting the City in completing a press release and newspaper advertisement. This will help toadvertise the program, educate the community on who should participate, why, and how to participate.
iii. Web Page Link
(1) Contractor shall provide a link to the Door-to-Door Program information on the city’s web page and include the link in all ofthe printed outreach materials.
iv. Contractor shall provide door hangers or postcard reminder v. Contractor shall provide a post card survey, to be completed by the resident, to the resident at the time of collection. The survey shall be addressed to the proper City representative managing this program and postage shall be prepaid.
f. Contractor shall screen participants requesting service to determine program eligibility, while logging pick-up information into a spreadsheet with name, address, contact number and/or e-mail, and a brief inventory. g. Contractor shall confirm the resident has requested a home pick-up of household hazardous waste. General waste types and volumes shall be confirmed with callers to assist contractor in developing an accurate service schedule. Program specifics, such as waste handling and segregation requirements shall be discussed with the caller. Contractor shall set an appointment (day, time) for the household hazardous waste to be collected from the eligible participant and determine an appropriate location to place the household hazardous waste for the collection within 5 business days of receiving call.
h. Once a participant’s appointment is confirmed, the contractor shall send instructional materials for the proper handling of household hazardous waste to the participant. This shall be done via fax, e-mail, or postal mail by request of the participant (see sample below).
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7. Provide Assistance to Participants
a. Contractor shall provide assistance to seniors and physically challenged persons in the collection of their household hazardous waste. They will be instructed to segregate and package their wastes. If they are unable to complete the tasks, they will be instructed to segregate the wastes as much as possible from the other items in their home so that removal and packaging go as quickly as possible. For those cases where absolutely no segregation is possible, the contractor shall go in and remove identified waste from residence’s shelves and cabinets under their direction. Contractor shall confirm that all boxed wastes are to be disposed of in a discussion with the resident or their caretaker prior to removing said wastes from the house.
8. Collection of Household Hazardous Waste
a. Contractor shall provide the collection route schedule to the City representative weekly, or as determined by the City. In the case of any schedule changes, the contractor shall:
i. Communicate changes in writing to the City within one (1) working day.
ii. Notify the resident by phone within one (1) working day. b. Should the contractor’s field staff arrive at a scheduled participant’s residence and determine that a pick-up cannot be made, the situation shall be documented on the pick-up receipt. The driver shall leave a door hanger at the residence identifying the day and time of the scheduled appointment, reason for not completing the pick-up, and contact information for rescheduling the appointment (see sample on next page).
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9. Management of Household Hazardous Waste
a. Contractor shall make every effort during the screening process to obtain an accurate inventory of waste from the participant.
b. Contractor shall inform the caller of the program’s maximum disposal limit.
Amounts of household hazardous waste in excess of 175 pounds per collection stop shall be discouraged during the screening process and scrutinized by the field staff at the time of collection. If the amount of waste set out by the resident significantly exceeds the waste inventory provided by the resident during the screening process, the contractor’s field staff will consult with both the resident and the City.
c. If the waste is determined to be residential, contractor shall accept the amount of household hazardous waste declared when the appointment was made.
Priority shall be given to the most hazardous and chemically unstable materials.
d. Contractor shall make every effort to accommodate City residents and to not turn away any household hazardous waste.
10. Unacceptable Waste
a. Contractor’s treatment facilities shall be permitted by the federal and state government to accept most types and hazard classes of waste including dangerous waste, extremely hazardous waste, liquid, solid and compressed gasses.
b. The types of waste which we are not permitted to be handled through the HHW door-to-door program include:
i. Explosives or explosive waste, with the exception of surface flares ii. Ammunition
iii. Biological, biohazard or medical waste, excluding sharps waste iv. Radioactive waste
c. Contractor shall manage the handling, shipping, and disposal of wastes in accordance with all applicable federal, state, and local regulations. All household hazardous waste shall be packaged and transported in a manner suitable and compliant with state and federal regulatory agencies. d. Contractor shall indemnify the City for any action that may occur after it has accepted the household hazardous waste.
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11. Removal of Waste
a. Contractor shall instruct residents to place their household hazardous waste in a sturdy cardboard box or leak-proof receptacle, lined with a plastic garbage bag.
b. Contractor shall provide a two-person staff team consisting of one Chemist/Emergency Responder and one Driver/Environmental Technician that will proceed to each appointment to remove various household hazardous wastes. The driver/technician will be responsible for collecting the waste material and assist in packaging after all materials are identified and characterized for packaging. The chemist will be responsible for identification and segregation by hazard characteristics and disposal methods. The chemist will also prepare labpack sheets, manifests and labels, oversee packaging and storage. As the senior staff person on the project, the chemist will be responsible for administering all appointment paperwork and surveys, completing and issuing a waste receipt for each location serviced, and other issues such as obtaining all required signatures for the service. c. Actual waste removal shall consist of a cursory review of the materials by the chemist to ensure an extreme hazard does not exist prior to moving the materials. The collector will then remove the materials from the participant’s designated location. Using a secondary containment, spill- proof cart, the collector will take the discarded materials to the transport unit, where the chemist will inventory waste for acceptability. At no time will any materialsbe carried by hand from the residence to the transport unit. After verification of acceptability, the chemist will sort, segregate and package materials prior to transportation. All uncontaminated boxes will be returned to the participant for reuse or recycling as solid waste. After making all pick-ups the driver and chemist will transport all hazardous waste to the designated transfer and consolidation facility or PHHWCF for consolidation.
12. Paperwork and Reporting
a. As specified in the California Health & Safety Code, 25218.5, a receiptshall be issued for the household hazardous waste collected from an individual residence in lieu of a manifest.
b. Contractor shall provide a copy of each receipt to the City for its files. c. Receipts shall be maintained by the sponsoring agency for a period ofthree years.
d. Contractor shall confirm each participant’s appointment and provide an informational package to the participant, which includes a program survey (content will be pre-approved by the City). This survey shall be available in English and Spanish. The questionnaire shall be used to assess the qualityof DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
the service provided, service satisfaction level, as well as special issues that need to be addressed as a part of the Program
e. Contractor shall provide:
i. Annual Form CalRecycle 303 Household Hazardous Waste Collection Information/CIWMB Form 303;
ii. Monthly Excel reports indicating the material types, quantities collected, and number of appointments from the Residential Household Hazardous Waste Door-to-Door Collection Program and other hazardous waste management services provided to the City; iii. Annual Excel report summarizing the material types, total quantities collected, and total number of appointments from the Residential Household Hazardous Waste Door-to-Door Collection Program and other hazardous waste management services provided to the City. \\\
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Exhibit B
Budget
The contract budget shall not exceed $168,000 per year for hazardous waste services required by the Resource Recycling, and Recovery Division for an initial term of three years for a total amount not to exceed $504,000 with two additional one-year renewal options in the amount of $176,000 for Renewal Option, Year One, and $184,000 for Renewal Option, Year Two, for hazardous waste removal and transport services. Future year funding is contingent on Council budget approval.
Renewal option years 1 and 2 are compensated at an increase based on a mutually agreeable index such as the Consumer Price Index, not to exceed 7%. In addition, Contractor may apply additional increases to cover extraordinary or unexpected increases in disposal costs at the incinerators, landfills, etc., for a total amount not to exceed $864,000 over a five-year period, and subject to budgetary approval by the City Council.
PRICING – PICK-UP AND DISPOSAL OF HAZARDOUS
WASTE
INCLUDED IN CONTRACT BUDGET
PRICING TO PICK-UP AND DISPOSE OF THE FOLLOWING ITEMS.
*DISPOSAL METHOD KEY:
RU = REUSE SF = SECONDARY FUEL INCINERATION
RE = RECYCLING TN = TREATMENT/NATURALIZATION
TN = TREATMENT/NATURALIZATION LF = LANDFILL
# ITEMS TO BE
PICKED UP &
DISPOSED
AMOUNT
CBC = CASE
BY CASE
UNIT OF
MEASURE
TREATMENT,
STORAGE,
DISPOSAL
FACILITY
(TSDF) TO BE
USED
DISPOSAL
METHOD*
1 Absorbent/Oil $118.00 55-GAL
DRUM
RhoChem SF
2 Aerosol Cans $595.00 TRIWALL RhoChem SF
3 Alakaline Battery $1.02/Lb. PER LB. RhoChem RE
4 Asbestos $561.00 TRIWALL RhoChem LF
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
# ITEMS TO
BE
PICKED UP
&
DISPOSED
AMOUNT
CBC = CASE
BY CASE
UNIT OF
MEASURE
TREATMENT,
STORAGE,
DISPOSAL
FACILITY
(TSDF) TO BE
USED
DISPOSAL
METHOD*
5 Asbestos Friable $CBC 5-GAL
DRUM
TBD TBD
6 Asbestos Friable $CBC 15-GAL
DRUM
TBD TBD
7 Asbestos Friable $CBC 30-GAL
DRUM
TBD TBD
8 Asbestos Friable $CBC 55-GAL
DRUM
TBD TBD
9 Asbestos Friable $CBC 1-CUBIC
YD. BOX
TBD TBD
10 Asbestos Friable $CBC 1 PALLET TBD TBD
11 Asbestos NonFriable$CBC 5-GAL
DRUM
RhoChem LF
12 Asbestos NonFriable$CBC 15-GAL
DRUM
RhoChem LF
13 Asbestos NonFriable$CBC 30-GAL
DRUM
RhoChem LF
14 Asbestos NonFriable$CBC 55-GAL
DRUM
RhoChem LF
15 Asbestos NonFriable$CBC 1-CUBIC
YD. BOX
RhoChem LF
16 Asbestos NonFriable$CBC 1 PALLET RhoChem LF
17 Asphalt Emulsion $247.00 55-GAL
DRUM
RhoChem SF/TN (AF01)
18 Batteries $0.52/Lb. Per Lb. Battery Solutions RE
19 Batteries -
Burned
Lithium Ion
$287.50 5-GAL
DRUM
RhoChem SF (INC20)
20 Batteries -
Burned
Lithium Ion
$718.75 15-GAL
DRUM
RhoChem SF (INC20)
21 Batteries -
Lead
Broken
$CBC 5-GAL
DRUM
TBD TBD
22 Batteries -
Lead
Broken
$CBC 15-GAL
DRUM
TBD TBD
23 Bbq Tanks $14.00 EACH Cyclinder Depot RE
24 Bio-Hazardous
Waste
$CBC PER
CONTAIN
ER
TBD-Based on if
waste can be
accepted
TBD-Based on if
waste can be
accepted
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
# ITEMS TO
BE
PICKED UP
&
DISPOSED
AMOUNT
CBC = CASE
BY CASE
UNIT OF
MEASURE
TREATMENT,
STORAGE,
DISPOSAL
FACILITY
(TSDF) TO BE
USED
DISPOSAL
METHOD*
25 Bulb - Biax $2.00 EACH Lighting
Resources
RE
26 Bulb-4ft
Flourescent Tube
$0.14/Ft. PER FOOT Lighting
Resources
RE
27 Bulb - Hid $2.46 EACH Lighting
Resources
RE
28 Bulb - U-Tube $2.46 EACH Lighting
Resources
RE
29 Chlorinate Oil $63.01 5-GAL
DRUM
RhoChe
m
SF (INC09)
30 Chlorinate Oil $122.51 15-GAL
DRUM
RhoChe
m
SF (INC09)
31 Chlorinate Oil $192.52 30-GAL
DRUM
RhoChe
m
SF (INC09)
32 Chlorinate Oil $262.51 55-GAL
DRUM
RhoChe
m
SF (INC09)
33 Cylinders $CBC EACH TBD TBD
34 Debris
Contaminated
With Combustible
Liquid
$90.05/55-
GAL
55-GAL
DRUM
RhoChe
m
LF (LF07)
35 E-Waste -
Certified
Destruction
$0.71/Lb. PER
POUND/
CONTAIN
ER
CalMicro RE
36 Fire Extinguishers $10.00 EACH Cylinder
Depot
RE
37 Flammable Solid $682.00 TRIWALL RhoChe
m
SF
38 Mapp Gas $3.74 EACH EACH Cylinder
Depot
RE
39 Mapp Gas $3.74 EACH EACH Cylinder
Depot
RE
40 Mercury Devices $167.00 5-GAL
DRUM
RhoChe
m
SF
41 Oil-Based Paint $164.00 55-GAL
DRUM
RhoChe
m
SF
42 Oily Rags $118.00 55-GAL
DRUM
RhoChe
m
SF
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
# ITEMS TO
BE
PICKED UP
&
DISPOSED
AMOUNT
CBC = CASE
BY CASE
UNIT OF
MEASURE
TREATMENT,
STORAGE,
DISPOSAL
FACILITY
(TSDF) TO BE
USED
DISPOSAL
METHOD*
43 Pesticides $271.00 55-GAL
DRUM
RhoChe
m
SF
44 Pepper Spray $87.55 5-GAL
DRUM
RhoChe
m
SF (INC02)
45 Pepper Spray $120.51 15-GAL
DRUM
RhoChe
m
SF (INC02)
46 Pepper Spray $182.31 30-GAL
DRUM
RhoChe
m
SF (INC02)
47 Propane Tank (5-
Gal Recyclable)
$14.00 EACH Cylinder
Depot
RE
48 Sharps $131.60 EACH
CONTAIN
ER
Sharps
Solution
s
TN/LF
49 Solar Panels $90.05/55-
Gal
55-GAL
DRUM
RhoChe
m
LF (LF07)
50 Water-Based Paint $155.00 55-GAL
DRUM
Acrylate
x
RU
51 What Is Your
Firm's Minimum
Call Out Charge?
$201.00
*Please note, waste streams listed as CBC will be quoted based on approved waste profile.
PRICING – SUPPLIES
INCLUDED IN CONTRACT BUDGET
# ITEM AMOUNT COMMENTS
1 Poly Drum – 55-Gal
New
$67.00
2 Poly Drum – 55-Gal Reconditioned $43.00
3 Poly Drum – 30-Gal New $41.00
4 Poly Drum – 30-Gal Reconditioned $43.00
5 Poly Drum – 15-Gal
New
$48.00
6 Poly Drum – 15-Gal Reconditioned $39.00
7 Poly Drum – 5-Gal New $11.00
8 Poly Drum – 5-Gal
Reconditioned
$N/A
9 Steel Drum – 85-Gal Overpack - New $294.00
10 Steel Drum – 85-Gal Overpack -
Reconditioned
$113.00
11 Steel Drum - 55 Gal 17e - New $63.00
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
# ITEM AMOUNT COMMENTS
12 Steel Drum - 55 Gal 17e -
Reconditioned
$43.00
13 Steel Drum - 55 Gal
17h - New
$63.00
14 Steel Drum - 55 Gal 17h -
Reconditioned
$43.00
15 Drum Liners (Each) $4.00 Drum Line 2 mil.
16 Full Face Respirator Cartridge $29.00
17 Pallet Box/Triwall $77.00
18 RCRA Labels
(Pack/Roll)
$57.00
19 Safety Glasses $3.00
20 Tyvek Lab Coat $82.00
21 Vermiculite Bag #3 $41.00
22 Potassium
Iodine-Starch Test Paper
$15.00
23 Chlorine Halogen Test Kit $15.00
24 Ph Paper $15.00
17 Pallet Box/Triwall $77.00
18 RCRA Labels
(Pack/Roll)
$57.00
19 Safety Glasses $3.00
20 Tyvek Lab Coat $82.00
PRICING – PERSONNEL/STAFFING – HHW CENTER AND EMERGENCY
RESPONSE
INCLUDED IN CONTRACT BUDGET
THE CITY WILL NOT PAY FOR VEHICLE STANDBY. A MAXIMUM OF 1 HOUR OF TRAVEL TIME WILL BE AUTHORIZED (EACH DIRECTION).
# POSITION YOUR FIRM’S HOURLY OT RATE COMMENTS
STAFF POSITION RATE (PLEASE USE
TITLE ADDITIONAL
PAGE(S) AS
NEEDED)
1 Hazardous
Material
Technician
Environmental
Specialist
$48.00 $71.00
2 Technician Field Technical
and/or
Environmental
Technician
$39.00 $60.00
3 Project
Manager
Project Manager $57.00 $85.00
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
# POSITION YOUR FIRM’S HOURLY OT RATE COMMENTS
(PLEASE USE
ADDITIONAL
PAGE(S) AS
NEEDED)
4 Labor Clock
Begins:
Upon departure
from vendor
location
5 Labor Clock
Ends:
Upon departure
from Customer’s
location
PRICING – VEHICLES/BINS
INCLUDED IN CONTRACT BUDGET
# VEHICLE HOURLY
RATE
DAILY
RATE
OTHER NOTIFICATION
REQUIRED
COMMENTS
(PLEASE USE
ADDITIONAL
PAGE(S) AS
NEEDED)
1 40-48-foot dry van
w/liftgate (specify
length) -–nonroutine
shipment
$120.00 $ DAYS Includes
Driver/Operator
2 42 Foot End
Dump
$ $ CBC DAYS
3 Semi-Truck
Capable of
Hauling One
40=cubic yard bin
or two 20-cubic
yard bins
$145.00 $ DAYS Includes
Driver/Operator
4 40-cubic yard
bin
$ $18.00 DAYS
5 20-cubic yard
bin
$18.00 DAYS
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
2020 EMERGENCY RESPONSE
PRICING
INCLUDED IN CONTRACT
BUDGET
Emergency Response Hotline (877) 577-2669
Item Price
UOM
Price OT Price (if
applicable)
Premium Price
(if applicable)
Bio-Haz Technician Per
Hour
$151.00 $226.50 $302.00
Chemist Per
Hour
$115.00 $172.50 $230.00
Administrative Support Per
Hour
$65.00 $97.50 $130.00
Equipment
Operator/Truck
Driver/Boat
Operator
Per
Hour
$110.00 $165.00 $220.00
Foreman Per
Hour
$105.00 $157.50 $210.00
Industrial Hygienist Per
Hour
$195.00 $292.50 $390.00
Project Manager Per
Hour
$165.00 $247.50 $330.00
Senior Engineer Per
Hour
$145.00 $217.50 $290.00
Senior Project Manager Per
Hour
$195.00 $292.50 $390.00
Supervisor Per
Hour
$135.00 $202.50 $270.00
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
Item Price
UOM
Price OT Price (if
applicable)
Premium Price
(if applicable)
Technician Per
Hour
$95.00 $142.50 $190.00
PERSONAL PROTECTIVE EQUIPMENT
INCLUDED IN CONTRACT BUDGET
Item Price UOM Price
Acid Gas W/ HEPA Per Changeout $54.00
Air Bottles - SCBA Per Changeout $42.00
Boot Covers Per Pair $17.50
Chemical Boots Per Pair $135.00
Full-Face Respirator Per Changeout $383.00
Half-Face Respirator Per Changeout $40.00
Haz-Mat Boots Per Pair $145.00
Latex Gloves Per Pair $2.00
Leather Gloves Per Pair $16.50
Level B w/ Barricade Per Changeout $575.00
Level B w/ Polytyvek Per Changeout $455.00
Level B W/ Saranex Per Changeout $475.00
Level C w/ Barricade Per Changeout $240.00
Level C w/ Polytyvek Per Changeout $155.00
Level C w/ Saranex Per Changeout $180.00
Neoprene Gloves Per Pair $16.50
Nitrile Gloves Per Pair $18.00
Tyvek Per Each $25.00
Tyvek - Barricade Per Each $115.00
Tyvek - Polycoated Per Each $35.00
Tyvek - Saranex Per Each $55.00
Level A PPE Per Changeout $1,450.00
Level D Suit Per Changeout $55.00
Level A Suit Per Changeout $1,250.00
Defender Cartridge Per Changeout $52.00
Acid Gas Cartridge Per Changeout $38.00
Defender Cartridge
W/HEPA
Per Changeout $47.00
Acid Gas W/ HEPA Per Changeout $54.00
Air Bottles - SCBA Per Changeout $42.00
Boot Covers Per Pair $17.50
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
SUPPLIES
INCLUDED IN CONTRACT BUDGET
Item Price UOM Price
110G Overpack Each $395.00
15G Over Pack Each $115.00
275G Tote Each $535.00
30G Closed Head Each $118.00
30G Poly Overpack Each $118.00
55G Closed Head Metal Each $120.00
55G Overpack Metal Each $120.00
55G Closed Head Poly Each $120.00
55G Overpack Poly Each $120.00
5G Pail Each $29.00
85G Overpack Each $295.00
Biocide (G) Each $84.00
Cubic Yard Box Each $175.00
Drum Liner Each $9.50
Hand Tools Each $42.00
Mercon-X (Mercury encapsulant) - (G) Each $200.00
Oil Dry Per Bag $22.00
Oil Only Boom 5"x10" Per Bundle $195.00
Oil Only Boom 8"x10" Per Bundle $290.00
Oil Only Pads Per Bundle $150.00
Oil Only Pillows Per Bag $160.00
Oil Snare on a Rope Per Bundle $155.00
Vermiculite Per Bag $55.00
Virex (TB Cleaner) - (G) Each $84.00
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
EQUIPMENT
INCLUDED IN
CONTRACT
BUDGET
Item Price UOM Price
Air Compressor (<50 CFM
w/100' hose)
Per Day $195.00
Air Compressor (50-100
CFM w/ 100' hose)
Per Day $325.00
Air Compressor (>150 CFM
w/100' hose)
Per Day $515.00
Air Compressor Hose (per
50' length)
Per Day $42.00
Basement Sump Pump Per Usage $70.00
Box Truck w/ liftgate Per Hour $130.00
Centrifugal pump (1") Per Usage $200.00
Centrifugal Pump (2") Per Usage $265.00
Chemical Transfer Hose (1")
per 10' length
Per Usage $71.00
ER Trailer Per Hour $125.00
Fire Hose per 50' Per Usage $42.00
FRAC Tank (20k Gallons) Per Day $125.00
Generator (<2500 watt) Per Day $165.00
Generator (2500-5000 watt) Per Day $250.00
Manual Transfer Pump Per Usage $105.00
Pickup Truck Per Hour $55.00
Pneumatic Chemical Pump
(1")
Per Usage $500.00
Pneumatic Pump (2") Per Usage $235.00
Pneumatic Pump (3") Per Usage $280.00
Roll-Off Container (20 yd) Per Day $65.00
Pneumatic Pump (2") Per Usage $235.00
Pneumatic Pump (3") Per Usage $280.00
Roll-Off Container (20 yd) Per Day $65.00
Roll-Off Truck Per Hour $145.00
Stake Bed Per Hour $83.00
Submersible Pump (1") Per Usage $135.00
Submersible Pump (2") Per Usage $155.00
Submersible Pump (3") Per Usage $210.00
Super Sucker Per Hour $300.00
Tractor / Drum Trailer Per Hour $130.00
Tractor w/ Flatbed Per Hour $130.00
Tractor w/ Tanker Per Hour $145.00
Transfer Hose (1") per 10'
Length
Per Usage $25.00
Transfer Hose (2") per 10'
length
Per Usage $40.00
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
Item Price UOM Price
Transfer Hose (3") per 10'
length
Per Usage $44.00
Vacuum Straight Truck Per Hour $145.00
Vacuum Tractor Trailer Per Hour $165.00
Vacuum Truck - Stainless
Steel
Per Hour $200.00
Standard Pricing
• Pricing is based on the information provided and will be confirmed following receipt of a completed waste profile. All pricing is pending profile approval and/or waste sample analysis.
• Pricing is based on the volume assumptions provided. CLEAN EARTH reserves the right to adjust pricing if waste quantity differs from what was provided. • Transportation, labor and equipment is portal to portal, and requires a four-hour minimum unless otherwise specified.
• Unless otherwise specified, transportation rates include one hour of loading at the customer facility. Demurrage rates will apply after one hour and will be billed in 15- minute increments.
• All invoices are subject to applicable Federal, State, and local taxes & fees as well as an Energy & Insurance recovery charge tied to the National monthly average price for diesel fuel as published by the Department of Energy. • E-Manifest Fee's will be applied
Regular & Overtime Rates
• Regular Hours: first 8 hours Monday to Friday, 4:30 AM to 7:30 PM – travel time is calculated as part of hours
• Overtime Hours: any hours above 8 hours Monday to Friday, 4:30 AM to 7:30 PM
• Double Time Hours: any hours outside of Regular Hours and on Public Holidays • Overtime and Double Time Rates only apply to labor/employee time.
Waste Specific Conditions
• Disposal prices for gas cylinders are for those with original label, operable valve and in acceptable DOT shipping condition.
• Unknown identification fee of $350 may be charged for each unknown gas that is sampled and analyzed
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
• A confirmation fee of $200 may be charged for each suspected gas that requires confirmation due to lack of original label. If results do not match suspected contents, then unknown ID rate will apply along with additional disposal costs if applicable.
• Batteries not in original manufacturer’s packaging must have both ends taped to avoid arc. Additional fees may apply if CLEAN EARTH personnel must tape the battery ends.
General Disposal Terms and Conditions
• Bulk waste is typically defined as tanker or roll-off loads. • Non-bulk waste means drums, boxes, totes, pails, bags, and cubic yard boxes and other containerized waste.
• Electronic profiling is included in the price. Paper profiles will be charged at $50 each.
• Unless otherwise specified, prices quoted do not include the following:
• Radioactive Waste
• Biohazard or Infectious Waste
• Explosives of any type
• Liquid or free mercury
• Isocyanates
• Reactive materials (metals, solids, liquids)
2020 Emergency Response Pricing Conditions
Labor
• All labor shall be billed at a four-hour minimum, portal to portal. • Definition of Personnel Hours:
o Straight Time Hours: Monday -Friday, 7 am – 3 pm
o Overtime Hours: Monday-Friday, 3 pm – 7 pm
Saturday First 8 hours
• Premium Time Hours – All times not listed above, including Sundays, holidays, and all time above eight hours on Saturday and above twelve hours on any day. Labor on navigable waters is subject to a 15% surcharge.
• Per Diem will be charged for all responses requiring overnight stays, this will be charged at cost + 20%.
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
Equipment and Vehicles
• Equipment, vehicles, etc., shall be billed portal to portal with a four-hour minimum. • Pricing for equipment, vehicles, boats, etc., does not include any decontamination fees, if required. Additionally, it does not include any applicable mileage fees, mobilization or demobilization fees, delivery and pick-up charges, fuel costs, or fuel surcharges.
Miscellaneous Fees and Notations
• All fees are subject to a 15% Energy and Insurance (E&I) charge at the current contractor published rate for the month that service occurs. • The number of change-outs of Personnel Protective Equipment (PPE) is based on the conditions occurring in the work area. PPE shall be billed on change data frequency that conforms to safety practices to prevent exposure to employees during the work activity.
• The Contractor may substitute products of equal quality and construction without affecting the performance, with approval of the City.
• Any services, supplies, recycling disposal, vehicles, or equipment not listed or subcontracted in conjunction with the response will be invoiced at cost + 25%.
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
Exhibit C
Environmental Consultants/Contractors Insurance Requirements Consultant/Contractor (hereinafter referred to as “Consultant”) shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
4. Professional Liability: Insurance appropriate to the Consultant’s profession with a limit of not less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.
5. Pollution Liability: Insurance appropriate to the work being performed under this Agreement, with a limit of not less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.
If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, CGL Additional Insured will be provided on Additional Insured Endorsement Form 17. b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Transportation Pollution Liability: The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by the Consultant pursuant to this Agreement. This coverage may also be provided through the Pollution Liability policy. d. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
e. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of anyloss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors.
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Claims Made Policies
1. If the Professional Liability or Pollution Liability policy provides “claims made” coverage:
a. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work.
c. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.
Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements. All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F
City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
DocuSign Envelope ID: 8165EE55-E3C5-4FC9-866C-C1CA580A2A8F