Hazardous Waste Management Services
Project No. SEB-23-005
(Updated 04/24/23)
CONTRACT
FOR SERVICES
THIS CONTRACT is entered into this day of 2023, between the CITY OF STOCKTON, a munici pal corporation (“CITY), and CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. a STATE OF CA CORPORATION, with a business address at 1745 CEBRIAN STREET WEST, SACRAMENTO, CA 95691 , hereinafter called "CONTRACTOR.," THIS CONTRACT is for the HAZARDOUS WASTE MANAGEMENT SERVICES (P ROJECT NO. SEB-23-005) , hereinafter referred to as “SERVICE”.
RECITALS
A. CONTRACTOR represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.
B. CONTRACTOR represent s that it is register ed pursuant to Labor Code Section 1725.5 and will register annually with the Department of Industrial Relations, if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.
C. CONTRACTOR represent s that it will pay all required prevailing wages under California Labor Code for all se rvices provided that have a wage determination.
D. CITY finds it necessary and advi sable to use the services of the CONTRACTOR for the purposes provided in this Contract.
NOW THEREFORE , in consideration of the mu tual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:
1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A CONTRACTOR shall provide said serv ices at the time, place, and in the manner specified in Exhibit A and compatible with the standar ds of the profession.
CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.
2. COMPENSATION. CITY shall pay CONTRACTOR for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B which is attached to this Contract and incorporated by this reference. CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR ’S invoice for completed work. Total compensation for services and reimbursement for costs shall not exceed $435,000.00 for
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three (3) years ($145,000.00 per fiscal year), or as otherwise mutually agreed to in a
Contract Amendment.
Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be depos ited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
a. Invoices submitted by CONTRACT OR to CITY must contain a brief description of work performed, locati on of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. Upon completion of work and acceptance by CITY, CONTRACTOR shall have sixty (60) days in which to subm it final invoicing for payment. An extension may be granted by CITY upon receiving a written request thirty (30) days in advance of said time limitation. CITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty ( 60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.
3. INSURANCE. During the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference, and shall otherwise comply with the other pr ovisions of Exhibit C (Insurance Requirements and Forms).
Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.
CONTRACTOR shall not commence any work before obtaining, and s hall maintain in force at all times during the duration and perfo rmance of this contract, the policies of insurance specified in Exhibit C, which is attached to this contract and incorporated by this reference, and as provided in the “contra ct documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
It shall be a requirement under this agreement that any av ailable insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the mini mum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance
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policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits of insurance requir ed in this agreement may be sati sfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contai n a provision that such co verage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreem ent) before the City of Stockton’s own insurance or self- insurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce t he limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event cont ractor fails to obtain or maintain completed operations coverage as required by this agreem ent, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONTRACTOR.
CONTRACTOR agrees to include with all Subcont ractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by CONTRACTOR ag ree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Docu ments. CONTRACTOR further agrees to include these same provisions with any subcontractor regardle ss of tier. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The CONTRACTOR shall require all Subcontra ctors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the CITY.
4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under t he public policy of the State of California, CONTRACTOR shall indemnify, protect, defend with counsel approved by CITY and at CONTRACTOR’S
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sole cost and expense, and hold harmless the Cit y of Stockton, its o fficers, officials, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, li ens, claims, stop notices, damages, expenses, and costs (including without limitation attorn eys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by CONTRACTOR or CONTRACTOR’S office rs, agents, employees, volunteers or subcontractors. CONTRACTOR shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under Califo rnia law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of CONTRACTOR to CITY, the intent hereunder is to provide the ma ximum defense and indemnity obligations allowed by CONTRACTOR under the law. The indemnity set forth in this section shall not be limited by insurance requi rements or by any other provision of this Agreement.
With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by CONTRACTOR to a greater extent than permitted under the public policy of t he State of California, the parties agree that CONTRACTOR’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by CONTRACTOR or CONTRACTOR’S officers, agents, employ ees, volunteers or subcontractors.
CONTRACTOR’S duties and obligations to def end the CITY shall apply regardless of whether or not the issue of the CITYS liability, breach of this Agreement, or other obligation or fault has been determined. CONTRACTOR shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse CONTRA CTOR for amounts paid in excess of CONTRACTOR’S proportionate share of responsibility for the damages within 30 days after CONTRACTOR provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures CONTRACTOR is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.
With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a grea ter extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, CONTRACTOR shall indemnify , defend, and hold harmless the City of
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Stockton, its officers, officials, employ ees and volunteers from and against all claims, losses, expenses, and costs including, but not limited to attorneys’ fees, arising out of any claim brought against the CITY by an empl oyee, office, agent, or volunteer of CONTRACTOR, regardless of whether such claim may be covered by any applicable workers compensation insur ance. CONTRACTOR’S indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR under workers’ compensation acts, disability acts, or other employee benefit acts.
CONTRACTOR’S obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Contract for CONTRACTOR to procure and maintain a policy of insurance.
CONTRACTOR/Subcontractor's responsibil ity for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.
If any section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.
5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on November 30, 2026 , unless extended by mutual agreement through the issuance of a Contract Amendment. This contract provides for one (1), two (2) year extension at the same rates and terms as outlined in Exhibit B.
6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits o f, or be subjected to discrimination under any pr ogram or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
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b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit D). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigat ing, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVIS IONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing raand employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applic able to the work to be done.
CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determi nation for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual co st of engineering, inspection,
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superintendence, and or other ov erhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement wil l not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the Stat e of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE A ND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR , in the execution of this contract, for each calendar day duri ng which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of t he provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the cont ract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Comp liance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply wit h the provisions established in Section 1777.5 of the Labor Code c oncerning the 1) certified approval by local joint apprenticeship commi ttees for the employment and training of apprentices, and 2) contri bution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTO R
and all subcontractors shall make a good fa ith effort to employ at least 50 percent of the workforce on this proj ect from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for moni toring their compliance with section
3.68.095.
f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local
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laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
7. CONTRACT AMENDMENTS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Projec t Manager to be necessary or advisable and to require such extra work as may be determined by the Project Manager to be required for the proper completion of the whole work contemplated.
Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation fo r such work. A Contract Amendment will not become effective until approved by the authorized City official.
8. RIGHTS AND DUTIES OF CITY. CITY shall make available to CONTRACTOR all data and information in t he possession of CITY which both parties deem necessary to complete the work, and CITY shall actively aid and assist CONTRACTOR in obtaining such information as may be deemed necessary from other agencies and individuals.
9. OBLIGATIONS OF CONTRACTOR. Throughout the term of this Contract, CONTRACTOR represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONT RACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effe ct during the life of this Contract all such licenses, permits, q ualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of CITY or third parties as necessary on all matt ers connected with the carrying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants t hat it will follow the best current, generally accepted and professional practices to make findings, render opini ons, prepare factual presentations, and provide pr ofessional advice and recommendations regarding this project.
10. TERMINATION. This Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Cont ractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If th e Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.
11. CONTRACTOR STATUS. In performing the obligat ions set forth in this Contract, CONTRACTOR shall have the status of an independent contractor and
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CONTRACTOR shall not be considered to be an employee of the City for any purpose.
All persons working for or under the di rection of CONTRACTOR are its agents and employees, and are not agents of the CITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of th is Contract. The CONTRACTOR is responsible to the CI TY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
a. If in the performance of this Contra ct any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, work ing conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR.
i. It is further underst ood and agreed that CONTRACTOR must issue W- 2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employer- employee relationship exists by reason of this Contract.
12. ASSIGNMENT. CONTRACTOR shall not assign, sublet, or transfer this Contract or any interest or ob ligation in the Contract withou t the prior written consent of the CITY, and then only upon such terms and conditions as CITY may set forth in writing.
CONTRACTOR shall be solely responsible for reimbursing subcontractors.
13. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.
14. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To CONTRACTOR: Clean Harbors To City: Public Works Director Environmental Services Inc. City of Stockton
1745 Cebrian Street 22 E. Weber Ave., Rm. 301
Sacramento, CA 95691 Stockton, CA 95202
15. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the CITY’S execution of this Contract and prior to the CONTRACTOR engaging in any operation or activity set forth in this Contract, CONTRACTOR shall obtain a City of Stockton business license, which must be kept in effect duri ng the term of this Contract. CONTRACTOR
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covenants that it has obtained al l certificates, licenses, permits and the like required to perform the services under this Contract.
16. RECORDS AND AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY fo r services under this Contract. Upon request, CONTRACTOR agrees to furnish CITY , or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CI TY or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested, and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of intervie wing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpos es of determining complianc e with this Contract.
CONTRACTOR agrees to maintain such records for a period of three years from the date that final payment is made.
17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.
18. CONFLICTS OF INTEREST. CONTRACTOR cove nants that other than this Contract, CONTRACTOR has no financial interest with any official, employee, or other representative of the CITY. CONTRACTOR and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of CONTRACT OR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.
19. WAIVER. In the event either CITY or CONTRACTOR at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
21. DISPUTE RESOLUTION . Prior to undertaking any litigation, the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.
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1. Venue
Any controversy or claim between the Parties shall be determined with venue for all claims in the Superior C ourt of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
2. If any litigation action or proceedi ng is commenced in connection with this Agreement, the prevailing Party, as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for in- house legal services), costs and necessary disbursements incurred in such action or proceeding.
22. NO PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.
23. INTEGRATION AND MODIFICATION. The response by CONTRACTOR to the Request for Proposals or Qualifications and the Request for Proposals or Qualifications on file with t he CITY are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Reques t for Proposals or Qualifications. This Contract represents the entire integrated agreement between CONTRACTOR and CITY, supersedes all prior negotiations , representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by CONTRACTOR and CITY. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. //
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26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.
CITY OF STOCKTON CLEAN HARBORS ENVIRONMENTAL
SERVICES, INC.
B y : B y :
HARRY BLACK Signature
CITY MANAGER
A T T E S T :
P r i n t N a m e
B
y :
ELIZA R. GARZA, CMC Title:
CITY CLERK
APPROVED AS TO FORM:
B y :
DEPUTY CITY ATTORNEY
Marc McReynolds
Senior Vice President
ATTACHMENT A
SCOPE OF SERVICES
2 ‐A. Introduction.
The City of Stockton is seeking a qualified company to provide the following hazardous waste management functions:
1. Package, transport, and dispose of routinely generated hazardous waste from City operated
facilities:
City of Stockton Corporation Yard
1465 S. Lincoln Street, Stockton, CA. 95206
CAD981678709
City of Stockton Municipal Utilitie s
2500 Navy Drive, Stockton, CA. 95206
CAL000039581
City of Stockton Delta Water Treatment Plant
11373 N. Lower Sacramento Road, Lodi, CA. 95242
CAL000382120
2. Package, transport, and dispose of hazardous waste from various other City department loca
tions, as needed or requested.
3. Package, transport, and dispose of hazardous waste generated from abatement project sites and clean‐up activity sites involving abandoned and unidentified waste.
4. Provide emergency response services for hazardous material spills or discharges in the public right‐of‐way or on Ci
ty‐owned property.
5. Assist with obtaining EPA ID numbers as necessary.
6. Provide training on proper storage, labeling, and handling of on‐site hazardous wastes for various departments, as needed or requested.
7. Supply containers, approved by the City, for hazardous waste accumulation at City
operated locations.
Proposer must respond to an appoi ntment request within five working days and schedule the appointment within ten working days of the request.
Proposer will provide the City with a report of products and services provided.
EXHIBIT A
ATTACHMENT A
Proposer will demonstrate adherence to the City’s Environmentally Preferable Procurement Policy regarding products and services offered.
The Proposer shall tour the City’s Corporation Yard and Municipal Utilities locations. See Attachment J, Stockton Location Map, for project location.
A mandato ry single job walk will be conducted on Thursday, July 6, 2023, beginning at 8:30 a.m. at the City’s Corporation Yard and is anticipated to conclude by 9:30 a.m. at the City’s Municipal Utilities Department. 2‐B. Current Services and Waste Types.
Hazardous waste disposal services are currently provided, on an as needed basis, by various companies. The City would like to enter a comprehensive contract with a qualified hazardous waste company to consolidate these services. The types and volumes of waste typically generated by City operations are shown in the table below. The quantities shown below indicate expected annual volumes and type
of container. All listed facility
wastes are included in these totals.
2 ‐C. Environmental, Health and Safety Compliance.
The Company is responsible for ensuring that its employees are adequately trained to comply with all environmental, health, and safety regulations. All staff provided by the Company shall possess training appropriate for the expected work, including current 40‐hour Hazardous Waste Operations and Facility Waste Description Quantity Units Container
Public Works/Corp Yard Debris w/Chromium (Brake Shavings) 140 Pounds Drum Public Works/Corp Yard Non ‐RCRA Asphalt Emulsion containing Diesel 6000 Po unds Drum Public Works/Corp Yard Non ‐RCRA Oily Debris/Solids 2000 Po unds Drum Public Works/Corp Yard Universal Waste Halogen Lamps 31 Pounds Box Public Works/Corp Yard Universal Waste Compact Fluorescent Lamps 40 Pounds Box/Drum Public Works/Corp Yard Universal Waste Fluorescent Lamps 800 Pounds Box/Drum Public Works/Corp Yard Universal Waste Mercury Containing Articles/Equipment 1 Pounds Drum Public Works/Corp Yard Universal Waste Batteries ‐ Lead Acid 65 P ounds Drum Public Works/Corp Yard Universal Waste Batteries ‐ Nickel Cadmium 150 Pounds Drum Public Works/Corp Yard Non ‐RCRA Antifreeze/Coolant 750 Gallons Tank/Vac Truck Public Works/Corp Yard Non ‐RCRA Parts Wash Water 320 Gallons Drum Public Works/Corp Yard Non ‐RCRA Drained/Used Oil Filters 1000 Po unds Drum Public Works/Corp Yard Non ‐RCRA non‐PCB Light Ballasts 125 Pounds Drum Public Works/Corp Yard Non ‐RCRA Oil Sludge and Water 1450 Po unds Drum Public Works/Corp Yard Non ‐RCRA Latex Paint 150 Pounds Drum Public Works/Corp Yard Non ‐RCRA Grease 700 Pounds Drum Public Works/Corp Yard Flammable Paint 150 Pounds Drum Public Works/Corp Yard Non ‐RCRA Empty Drums 40 Pounds Drum Public Works/Corp Yard Hydrochloric Acid Solution 100 Pounds Drum Municipal Utilities Non‐RCRA Oily Debris 400 Pounds Drum Delta Water Treatment Plant Non ‐RCRA Ammonium Hydroxide Solution 300 Pounds Drum Delta Water Treatment Plant Non ‐RCRA Oily Debris/Solids 150 Pounds Drum
EXHIBIT A
ATTACHMENT A
Emergency Response (HAZWOPER) Training, as required by Title 8 of the California Code of Regulations, Section 5192. They should also receive annual eight‐hour refresher training to maintain their proficiency.
Furthermore, Company staff must obtain additional training, such as HM 181 (HM126), SB 198, respiratory protection, etc., as mandated by relevant state and federal laws.
Company shall have a written Injury and Illness Prevention Plan, Respiratory Protection Plan, and other additional written plans as required for on‐site job functions. Training documentation and written plans shall be provided to the City of Stockton, CUPA, DTSC, Cal/OSHA and other state and local regulators upon request.
The Comp any will exercise utmost precaution for the protection of Company and City of Stockton staff, the public, site personnel, and property.
The Company will install adequate safety guards and protective devices for all their equipment and machinery. All care will be employed to ensure that work proceeds under the highest standards of safety and prudence, and in compliance with
all applicable laws.
2‐D. Personal Protective Equipment.
The Company understands that the scope of work requires its provision and use of personal protective equipment (PPE) including, but not limited to, Tyvek suits, gloves, booties, aprons, sleeve protectors, and respirator cartridges. It is mandatory that all operations personnel wear appropriate safety equipment. In addition to the PPE listed above, the Company will provide their
Chemists and Technicians with:
a) Safety eye wear,
b) Boots or shoes with steel toe and shank, and
c) Respirator, when required.
2‐E. Vehicle and Driver Permits and Registrations.
The Company will provide hazardous waste transportation and will ensure that all vehicles transporting hazardous wastes are properly registered, and that hazardous waste drivers have all required state and federal licenses.
Copies of drivers’ licenses must be provided to City of Stockton upon request. Company must notify City of Stockton if any of these permits or licenses become, or are in danger of becoming,
expired, revoked, or
suspended.
EXHIBIT A
ATTACHMENT A
Company shall obtain all required federal, state and local permits for the responsibilities of the Company.
The Company will be responsible for preparing manifests and collecting, tran
sporting, and disposing of hazardous wastes from City facilities. 2‐F. Supplies and Equipment.
The Company will be responsible for using, at the waste removal appointments, the appropriate supplies, materials, equipment, vehicles, and drivers as specified by federal and state laws/regulations for the management of hazardous wastes.
The Company shall furnish supplies and equipment necessary for the safe and
legal unloading, segregating, packaging, transport, and disposal of hazardous wastes. These supplies include, but are not limited to, those items listed in Attachment E as may be amended by Company and City of Stockton. The City may require that all waste billed at a per pound rate be weighed at the site of collection and that actual weight be listed on all manifests and bills
of lading (BOLs) and included on all required reports.
2‐G. On‐site Hazardous Waste Management.
The Company will provide a site supervisor, chemists, and/or Environmental Technicians who are appropriately trained for the required scope of work. The Company’s Chemists will be primarily responsible for ensuring completion of the following tasks:
Testing and identification of unknown wastes and determination of the proper DOT hazard classes;
Segregating waste into compatible categories for bulking and/or lab packs;
Bulking or otherwise consolidating wastes;
Completing waste and drum inventories and providing quality assurance and quality control coordination to ensure acceptance of hazardous wastes by Treatment, Storage and Disposal Facilities (TSDFs);
and labeling all drums containing hazardous wastes.
2‐H. Manifests.
The Company will prepare hazardous waste manifests and other relevant shipping, or waste tracking, documents in compliance with all applicable regulations. Manifests will be clear and legible. The Company will submit the TSDF‐signed copy of the manifest to the DTSC within thirty (30) days of the collection appointment. The City will not be responsible for payment of additional costs because of shipping document errors. All wastes charged
EXHIBIT A
ATTACHMENT A
at a per pound weight may, per request of the Solid Waste Manager, be actual weights as provided by scale or other measuring device possessing current certification as appropriate and necessary. Those actual weights will be shown on the relevant shipping document.
Company shall provide a Waste Tracking Report or similar document to track all wastes
taken from City of Stockton facilities through all TSDFs to receipt at the final destination. Such Waste Tracking Reports shall be provided monthly. Certificates of Recycling, Disposal, Treatment or Destruction shall be sent to the City of Stockton once the waste has been recycled, treated, destroyed, or landfilled.
Report shall include all
manifests, bills of lading, and any other pertinent documents. 2‐I. Hazardous Waste Recycling, Treatment, and Disposal.
The Company will arrange for the ultimate disposition of wastes according to the following hierarchy as possible: reuse, recycling, fuels blending, treatment/neutralization, incineration, stabilization/solidify/landfill, and, lastly, direct hazardous waste landfilling.
The Company must submit documentation, such as Certificates of Disposal, as proof of treatment, recycling or disposal to the City of Stockton following the ultimate disposition of all wastes (including those wastes shipped on BOLs).
Company shall be responsible for conducting routine audits of the TSDFs that accept City wastes. The results of these audits are to be submitted to the City no later than ninety (90) days following completion of said audit.
The Company will provide all data needed to prepare the review. 2‐J. City of Stockton Progra m Responsibilities.
1. Appointments. Solid Waste and Recycling staff w ill coordinate City
department hazardous waste collection requests with the Company.
Public Works staff will coordinate Corporation Yard collections with the Company. Municipal Utilities Department (MUD) staff will coordinate collections from MUD sites with the Company.
2. Staffing. The City will provide a site contact for each appointment.
EXHIBIT A
ATTACHMENT A
3. Environmental Protection Agency Identification Numbers. The City may assist with obtaining necessary EPA ID numbers from Cal/EPA for the operation of collection programs as needed.
4. Manifests. The City representative will review all manifests for completeness and accuracy at the time of service. A designated and authorized City representative will sign the manifests or provide aut
horization for Company to sign on behalf of the City of Stockton.
Company will provide copies or duplicates of manifests upon City’s request.
EXHIBIT A
ATTACHMENT A
On-Site Labor
Personnel Type Hour ST Not Prevailing Hours OT Not Prevailing Per Diem Project Manager
Site Supervisor
Lead Chemist
Chemist/Specialist
Technician
LABOR DETAIL
HAZARDOUS WASTE MANAGEMENT SERVICES
M-F 8am to 5 PM
M-F 8am to 5 PM
M-F 8am to 5 PM
M-F 8am to 5 PM
M-F 8am to 5 PM
$ 75.00
$ 75.00
$ 70.00
$ 65.00
$ 60.00
Over 8 ST hours &
all day Saturday
"
"
"
$ 112.50
$ 112.50
$ 105.00
$ 97.50
$ 90.00
$ 150.00
$ 150.00
$ 150.00
$ 150.00
$ 150.00
Labor rates will be portal to portal
Prevailing wages do not apply to the rates above. Should any future services b e subject to prevailing wages,the wages will be quoted on a case by case basis for the specific project.
EXHIBIT B
ATTACHMENT A
Item Unit Unit Cost
Duct Tape (specify size) Roll
Spray Adhesive (specify size) Ea
20x100 Visqueen (specify thickness) Ea
12x100 Visqueen (specify thickness) Ea
Tarps 16x20 (specify thickness and material) Ea
Tarps 20x30 (specify thickness and material) Ea
Tarps 30x40 (specify thickness and material) Ea
Dumpster Liners Ea
Directional Signs (on site-specify) Ea
Directional Signs (off site-specify) Ea
Traffic Cones Ea
Fluorescent Tube Containers 4' Ea
Fluorescent Tube Containers 8' Ea
Cubic Yard Un Boxes Ea
Cubic Yard Non-Un Boxes Ea
Cubic Meter Un Boxes Ea
Cubic Meter Non-Un Boxes Ea
55 Gallon 1A2 Drum (steel) Ea
55 Gallon 1H2 Drum (poly) Ea
30 Gallon 1A2 Drum (steel) Ea
30 Gallon 1H2 Drum (poly) Ea
15 Gallon 1A2 Drum (steel) Ea
15 Gallon 1H2 Drum (poly) Ea
5 Gallon 1H2 Drum (poly) Ea
85 Gallon 1A2 Overpack Drum Ea
Drum Liners Box
5 Gallon Plastic Bags Ea
Asbestos Liners Roll
Vermiculite Bag
Absorbent (specify type) Ea
Absorbent Pads (assorted) Bags
D.O.T. Labels (assorted) Rolls
Hazardous Waste Labels Roll
Packing Lists w/Envelope Ea
Tyvek (various sizes) Box
Safety Glasses Ea
Face Shields Ea
Respirator (1/2 face) Ea
Respirator Cartridges Ea
Leather Gloves Ea
Chemical Resistant Gloves Pair
Cotton Glove Liners Pair
Labpack Gloves (specify) Box
Aprons Ea
Boot Covers Pair
pH Paper Box
Stretch Wrap (specify size) Roll
STANDARD EQUIPMENT, SUPPLY LIST AND PRICING
EXHIBIT B
,1&/8'(',16(59,&(
,1&/8'(',16(59,&(
1$
1$
1$
21 12.50
189.25 (6 mil)
N/A
23.50 N/A
N/A
63 N/A
N/A
1/63 (PER DAY)
263
N/A
N/A
70.55 18 (SPEED DRY)
81 84
84 2.50
24.50 4.20
24.50 40
20 5.30
38 6.50
14.70 (LATEX)
N/A
13 19 (ROLL)
52 (ROLL)
ATTACHMENT A
Pallets Ea
Oxidizer Paper Tubes
Drum Markers Box
Drum Dolly Ea
Unloading Carts Ea
Bung Wrench Ea
Speed Wrench Ea
Socket Wrench Ea
Paint Tools (spatula, can openers) Ea
Paint Bulking Trees Ea
Equipment Truck (specify size/driver?) Ea
Equipment Truck (specify size/driver?) Ea
Equipment Truck (specify size/driver?) Ea
Forklift (includes delivery) 1 Day
Sorting Tables (specify) Ea
Portable Scale Ea
Security Guard Per Hour
Canopy/Tent (specify size) Per Day
Portable Toliet Per Event
Be sure to specify appropriate sizes, quantities in rolls or boxes, etc. For any other consumables please add to electronic sheet - attach additional sheet for hard copy
EXHIBIT B
40 (DOT APPROVED)
2.63 N/A
N/A
132
N/A
N/A
N/A
N/A
N/A
170 (BOX TRK W/ DRIVER)
182 (DRY VAN W/ DRIVER)
N/A
488
N/A
210 (PER DAY)
N/A
16 10.50
ATTACHMENT A
(2023)
DISPOSAL PRICING MATRIX FOR HAZARDOUS WASTE COLLECTIONS ** Average weight of container including waste and all packaging material Waste Type
Waste
Profile(s)
Required
Waste
Management
Method(s)
Waste Container
Management
Method(s)
Waste Packaging
Method(s) Yard Box Average
Weight** 55 Drum Average
Weight** 30 Drum Average
Weight** 5 Drum Average
Weight** Other Average
Weight**
Cost Per
Pound
LATEX PAINT-GOOD
LATEX PAINT-BAD/SLUDGE
OIL BASED PAINT
(Combine with Loosepack
Flammable Liquids)
OIL BASED PAINT
OIL BASE PAINT WITH PCBs
OIL BASE PAINT SLUDGE
FLAMMABLE LIQUIDS
FLAMMABLE LIQUIDS
HALOGENATED SOLVENTS
NON- HALOGENATED SOLVENTS
SOLVENT SLUDGE
RESINS/ TAR/ ADHESIVES
FLAMMABLE SOLIDS
LEAD PAINT CHIPS
WASTE MOTOR OIL
WASTE MOTOR OIL
CONTAMINATED
OIL FILTERS
ETHYLENE GLYCOL
FIRE EXTINGUISHER
(NOT RE-USABLE)
FIRE EXTINGUISHER
(RE-CHARGEABLE)
COMPRESSED GAS CYLINDERS <5
GAL (PROPANE/BUTANE)
COMPRESSED GAS CYLINDERS 5
GAL OR > (PROPANE)
NOTES:
N/A= NOT APPLICABLE
WASTE MANAGEMENT METHODS- RU= REUSE, RC= RECYCLE, FB= FUEL BLENDING, TR= TREATMENT/NEUTRALIZE, DI= DESTRUCTIVE INCINERATION, SB= STABILIZATION/SOLIDIFY/LANDFILL, LF= LANDFILL, (I), (II), OR (III) = CLASS I, II, OR III LANDFILL.
WASTE CONTAINER MANAGEMENT METHODS- RC= RECYCLE, DI= DESTRUCTIVE INCINERATION, FB= FUEL BLENDING, LF= LANDFILL, (1) (2)= CLASS 1 OR 2, TR= TREATMENT, RU= REUSE
WASTE PACKAGING METHODS- LO= LOOSE PACK, LP= LAB PACK, BU= BULKING, CN= CONTAINERIZING WASTE CONTAINER TYPE- DM= STEEL DRUM, DF= FIBER DRUM, DP= PLASTIC DRUM, PB= PLASTIC BUCKET <HV
<HV
<HV
<HV
<HV
<HV
<HV
/) /2
/) /) %8
58 58 %8
', ', %8
58 58 %8
)%
)%
)%
)%
%8
%8
58 58 /2<HV
/)
<HV
<HV
<HV
<HV
<HV
<HV
1R
1R
1R
1R
)% )% %8
)% )% %8
)% )% %8
)% )% %8
)% )% %8
727(
/) /) %8
5&
5&
5&
5&
5&
5&
5&PHWDOSDSHU
%8
%8
1$ 1$ 1$1$
SXPSHG
1$ 1$ 1$ 1$ SXPSHG
%8 1$ 1$ 1$
5& %8 1$ 1$ 1$ 1$ SXPSHG
YES DI DI LP N/A N/A N/A N/A 301 EA
N/A
YES RC RC LP N/A N/A N/A N/A 67 EA
YES RC RC LP N/A N/A N/A N/A 134 EA
ATTACHMENT A
EXHIBIT B
Waste Type
Waste
Profile(s)
Required
Waste
Management
Method(s)
Waste Container
Management
Method(s)
Waste Packaging
Method(s) Yard Box Average
Weight** 55 Drum Average
Weight** 30 Drum Average
Weight** 5 Drum Average
Weight** Other Average
Weight**
Cost Per
Pound
COMPRESSED GAS CYLINDERS
UNKNOWN
PCB CONTAINING BALLAST
OTHER PCB CONTAINING WASTE
SOLID
OTHER PCB CONTAINING WASTE
LIQUID
CORROSIVE AEROSOLS
FLAMMABLE AEROSOLS
POISON AEROSOLS
CYANIDES
REACTIVE CYANIDES
SULFUR SOLID
REACTIVE SULFIDES
ELEMENTAL MERCURY
ORGANIC MERCURY COMPOUNDS
DIOXIN PRECURSORS
ORGANIC POISONS/ PESTICIDES-
SOLID
ORGANIC POISONS/ PESTICIDES-
LIQUID
EH POISONS/ PESTICIDES SOLID
EH POISONS/ PESTICIDES LIQUID
INORGANIC POISONS/ PESTICIDES
SOLID
INORGANIC POISONS/ PESTICIDES
LIQUID
WATER REACTIVE COMPOUNDS,
FLAMMABLE GAS PRODUCING,
HEAT GENERATING NOTES:
N/A= NOT APPLICABLE
WASTE MANAGEMENT METHODS- RU= REUSE, RC= RECYCLE, FB= FUEL BLENDING, TR= TREATMENT/NEUTRALIZE, DI= DESTRUCTIVE INCINERATION, SB= STABILIZATION/SOLIDIFY/LANDFILL, LF= LANDFILL, (I), (II), OR (III) = CLASS I, II, OR III LANDFILL.
WASTE CONTAINER MANAGEMENT METHODS- RC= RECYCLE, DI= DESTRUCTIVE INCINERATION, FB= FUEL BLENDING, LF= LANDFILL, (1) (2)= CLASS 1 OR 2, TR= TREATMENT, RU= REUSE
WASTE PACKAGING METHODS- LO= LOOSE PACK, LP= LAB PACK, BU= BULKING, CN= CONTAINERIZING WASTE CONTAINER TYPE- DM= STEEL DRUM, DF= FIBER DRUM, DP= PLASTIC DRUM, PB= PLASTIC BUCKET <HV
<HV
<HV
<HV
<HV
<HV
<HV
<HV
<HV
<HV
<HV
<HV
7\SHWH[WKHUH
',
',
',
',
%8
%8
%8',',
1$
1$
1$
',
',
',
',
', ',
/2
/2
/2
1$
1$
1$
', ', %8 1$
', ', %8 1$
', ', %8 1$
', ', %8 1$
', ', %8 1$
', ', %8 1$
NO DI DI LP 1824
NO DI DI LP 8.71
NO DI DI LP 8.71
NO DI DI LP 3.37
NO DI DI LP 3.37
YES DI DI LP 24
NO DI DI LP 28.22
NO DI DI LP 30.09
NO DI DI LP 8.71
ATTACHMENT A
EXHIBIT B
Waste Type
Waste
Profile(s)
Required
Waste
Management
Method(s)
Waste Container
Management
Method(s)
Waste Packaging
Method(s) Yard Box Average
Weight** 55 Drum Average
Weight** 30 Drum Average
Weight** 5 Drum Average
Weight** Other Average
Weight**
Cost Per
Pound
WATER REACTIVE COMPOUNDS-
ACID GAS PRODUCING
WATER REACTIVE COMPOUNDS-
AMMONIA GAS PRODUCING
HYPOCHLORITE COMPOUNDS
NON-HYPOCHLORITE OXIDIZING
BASES
ORGANIC BASES- SOLIDS
ORGANIC BASES, LIQUIDS
INORGANIC BASES, SOLIDS
INORGANIC BASES- LIQUIDS
NEUTRAL OXIDIZERS
OXIDIZING ACIDS
OXIDIZING BASES
INORGANIC ACIDS- SOLIDS
INORGANIC ACIDS- LIQUIDS
INORGANIC ACIDS, LIQUIDS WITH
REGULATED METALS
ORGANIC ACIDS, SOLIDS
ORGANIC ACIDS- LIQUIDS
AQUEOUS SOLUTIONS WITH
REGULATED METALS
AQUEOUS SOLUTIONS WITH LESS
THAN 10% ORGANIC
ORGANIC PEROXIDES
PHOTOGRAPHIC WASTE
SOLID LEAD WASTE (SOLDER)
ASBESTOS
DEBRIS CONTAMINATED WITH
CHROMIUM (BRAKE SHAVINGS)
ASPHALT EMULSION CONTAINING
DIESEL
HYDROCHLORIC ACID SOLUTION
AMMONIUM HYDROXIDE SOLUTION
NOTES:
N/A= NOT APPLICABLE
WASTE MANAGEMENT METHODS- RU= REUSE, RC= RECYCLE, FB= FUEL BLENDING, TR= TREATMENT/NEUTRALIZE, DI= DESTRUCTIVE INCINERATION, SB= STABILIZATION/SOLIDIFY/LANDFILL, LF= LANDFILL, (I), (II), OR (III) = CLASS I, II, OR III LANDFILL.
WASTE CONTAINER MANAGEMENT METHODS- RC= RECYCLE, DI= DESTRUCTIVE INCINERATION, FB= FUEL BLENDING, LF= LANDFILL, (1) (2)= CLASS 1 OR 2, TR= TREATMENT, RU= REUSE
WASTE PACKAGING METHODS- LO= LOOSE PACK, LP= LAB PACK, BU= BULKING, CN= CONTAINERIZING WASTE CONTAINER TYPE- DM= STEEL DRUM, DF= FIBER DRUM, DP= PLASTIC DRUM, PB= PLASTIC BUCKET Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
DI DI BU
BU
BU
BU
BU
BU
BU
BU
BU
BU
BU
BU
BU
BU
BU
BU
DI DI
DI DI
DI DI
DI DI
DI DI
DI DI
DI DI
DI DI
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
TR TR 415.00 250.00 135.00
340.00
340.00
340.00
TR
TR TR
TR
TR
TR TR
TR
340.00
340.00
205.00
205.00
205.00
205.00
135.00250.00415.00
415.00 250.00 135.00
135.00250.00415.00
415.00 250.00 135.00
525.00
385.00
385.00
385.00
385.00
525.00
807.00
807.00
605.00
605.00
385.00
385.00
385.00525.00
525.00
525.00
525.00
525.00
TR TR/LF
TR TR/LF 125.00175.00200.00
N/A N/AN/A
Type text here
TR TR BU N/A
240.00592.00 445.00
TR TR
TR TR
TR TR BU
BU
BU
N/A
N/A
N/A
RC RC/FB BU
592.00 445.00 240.00
535.00
535.00
535.00 215.00
215.00
215.00410.00
410.00
410.00
TR
TR TR
TR BU
BU
N/A
N/A
415.00
415.00 250.00
250.00 135.00
135.00
525.00
EXHIBIT B
ATTACHMENT A
Waste Type
Waste
Profile(s)
Required
Waste
Management
Method(s)
Waste Container
Management
Method(s)
Waste Packaging
Method(s) Yard Box Average
Weight** 55 Drum Average
Weight** 30 Drum Average
Weight** 5 Drum Average
Weight** Other Average
Weight**
Cost Per
Pound
LEAD ACID BATTERIES
HOUSEHOLD BATTERIES
RECHARGABLE BATTERIES
(Ni-Cd, Ni-Mh, Li-Ion, Small Sealed Pb)
FLUORESCENT LIGHT TUBES-
STRAIGHT
FLUORESCENT LIGHT TUBES-MISC
(U-TUBE, CIRCULAR, ETC)
COMPACT FLUORESCENT LIGHTS
(CFL)
OTHER UNIVERSAL WASTE LAMPS
UNIVERSAL WASTE-MERCURY
CONTAINING EQUIPMENT
UNIVERSAL WASTE CRT'S (CEW's)
OTHER ELECTRONICS
NON-RCRA- LIQUID
NON-RCRA- SOLID
SOLID DEBRIS CONTAMINATED
WASTE ABSORBENT
SHARPS
EMPTY 55 DRUMS
EMPTY METAL CANS <5 GALLONS
OTHER , PLEASE SPECIFY
NOTES:
N/A= NOT APPLICABLE
WASTE MANAGEMENT METHODS- RU= REUSE, RC= RECYCLE, FB= FUEL BLENDING, TR= TREATMENT/NEUTRALIZE, DI= DESTRUCTIVE INCINERATION, SB= STABILIZATION/SOLIDIFY/LANDFILL, LF= LANDFILL, (I), (II), OR (III) = CLASS I, II, OR III LANDFILL.
WASTE CONTAINER MANAGEMENT METHODS- RC= RECYCLE, DI= DESTRUCTIVE INCINERATION, FB= FUEL BLENDING, LF= LANDFILL, (1) (2)= CLASS 1 OR 2, TR= TREATMENT, RU= REUSE
WASTE PACKAGING METHODS- LO= LOOSE PACK, LP= LAB PACK, BU= BULKING, CN= CONTAINERIZING WASTE CONTAINER TYPE- DM= STEEL DRUM, DF= FIBER DRUM, DP= PLASTIC DRUM, PB= PLASTIC BUCKET Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
No
Type text here
Type text here
Type text here
RC RC N/A 106.00260.00350.00
li only380.00N/AN/A
N/ARC RC
LO
LO N/A N/A 150.00
RC RC LO
RC RC LO
RC RC LO
RC RC LO
RC RC
N/A
N/A
N/A
N/ALO
RC RC
RC RC
RC RC BU
BURC RCTOTES 340.00
N/A
N/A N/A
N/A
N/A
N/A
N/A
83.00 59.004 FT
N/A N/A N/A 10.00 BULB
10.00 10.00
N/A N/A N/A
N/A N/A N/A
N/A N/A N/A 0.00 10.00 1
RC RC LO
LO
LO
N/A N/A
TR/LF TR/LF LO
TR/LF TR/LF LO
N/A 175.00200.00
975.00 262.00 215.00 90.00
TR/LF
TR/LF
TR/LF
TR/LF
BU
BU
LO
975.00
975.00 215.00
215.00
262.00
262.00
90.00 90.00
N/A 891.00
1650.00
1650.00
330.00
330.00 99.00
99.00 248.00
248.00
125.00
DI DI N/A N/A N/A N/A 2GAL125.00
EXHIBIT B
ATTACHMENT A
REV 2022‐05‐17
Insurance Requirements
(Hazardous Waste Management Services)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.
MINIMUM SCOPE AND LIMIT 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 & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractors Pollution Liability applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the 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 Stockton.
Self-Insured Retentions
EXHIBIT C
ATTACHMENT A
REV 2022‐05‐17
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide 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 Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
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3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions.
If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
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Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.
Verification of Coverage
Contractor
shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor 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 Stockton 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 Stockton for all work performed by the Contractor, its employees, agents, and subcontractors.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
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Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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