, to be provided as required for a period from through ...



SCOPE OF CONTRACT

PACKING, LOADING, TRANSPORTING, STORAGE, AND TREATMENT/DISPOSAL OF IDENTIFIED LIQUIDS AND SOLIDS CATEGORIZED AS DANGEROUS OR HAZARDOUS WASTES, HOUSEHOLD HAZARDOUS WASTES, and related services, to be provided as required for a period from JUNE 1, 2004 THROUGH MAY 31, 2007, WITH THE OPTION TO EXTEND OR RENEW, AT THE CITY OF SEATTLE’S OPTION FOR TWO ADDITIONAL TWO YEAR TERMS.

The handling and disposal of TSCA and state regulated PCB wastes are not included under the scope of the Invitation to Bid.

Any quantities set forth forming this Contract are estimated annual usage. Quantities are listed only for the purpose of evaluating bids and will not constitute a purchasing obligation by the City. The City does not guarantee utilization of any contract issued as a result of this Request for Proposal. The City may award contracts to other vendors for similar products or services. Actual utilization will be based on availability, proximity of vendor facilities, frequency of deliveries, or any other factor deemed important to the City.

Taxes shall not be included in the proposal price. The City is exempt from Federal Excise Tax. Washington State and Local Sales Tax will be an added item on invoice only.

This contract may be expanded to cover any similar products or services provided that such products or services are normally furnished by the vendor, and that the vendor agrees to provide the products or services using the same pricing structure as the items being covered by this proposal. Any potential expansion was not be factored into the proposal evaluation.

It is anticipated that most orders placed under this contract shall be placed by telephone. The Contractor shall be required to maintain adequate equipment, personnel and materials to ensure timely service upon request

Orders will be placed directly by an authorized representative of the user City department only, as designated in writing by the City. The Contractor shall accept orders only from City personnel that the City has authorized in writing to place orders for services under the contract. Invoices shall be mailed in duplicate directly to the User Department and shall indicate the assigned Vendor Contract number and the authorized representative requesting the service.

The Contract Administrator is:

Sharon Rothwell, Buyer

The City of Seattle

700 5th Avenue, Suite #4112

Seattle, Washington 98104

Email: Sharon.rothwell@

Telephone: (206) 684-8310

a) SCOPE OF WORK:

The Contract with the City will be to pack, load, transport, store and legally treat or dispose of identified liquids and solids categorized as dangerous or hazardous waste, household hazardous waste, and to provide related services. Wastes handled under this contract shall be managed only by the Contractor or subcontractor. More specific waste categories are listed on the “Price Form” Appendix A. and generally fall into the group below:

Collect, transport, store and dispose of identified liquids and solids categorized as dangerous waste (or hazardous waste) and household hazardous waste and provide related services.

The City expressly reserves the right, during the original term and all renewal terms of the Contract, to pursue and implement alternative means of managing any components of the City's waste streams. The City may award contracts to other vendors or use other contracts for disposal of its hazardous wastes, household hazardous wastes and related services. The City does not guarantee use of the Contract.

All regulated wastes in this contract shall be transported only in vehicles dedicated to hazardous materials or used oil hauling.

The Contractor shall be responsible for providing listed contract services for all wastes and debris which the City may choose to dispose of as hazardous waste. These other wastes may include, but are not limited to: latex paint, oil, soil and debris.

The Contractor may be called upon to receive wastes regulated under both TSCA and RCRA (or Washington State Dangerous Waste Regulations), and shall only provide such services if the Contractor or subcontractor is qualified to accept and dispose of such combined waste. Service shall be contracted by the City as needed by a change to this Contract. Actual prices for these services shall be agreed on prior to the provision of service.

b) DEFINITIONS:

BENEFICIAL USE means the use of solid waste as an ingredient in a manufacturing process, or as an effective substitute for natural or commercial products, in a manner that does not pose a threat to human health or the environment. Avoidance of processing or disposal cost alone does not constitute beneficial use.

CITY means the City of Seattle, a municipal corporation of the State of Washington

CONTRACT means the entire agreement that will result from the bidding process.

CONTRACT ADMINISTRATOR means the Buyer of record that manages the administrative and contract terms during the active term(s) of the contract

DANGEROUS WASTE means those wastes regulated by the Washington State Dangerous Waste Regulations, Chapter 173-303 WAC.

DISPOSAL means the treatment or recycling of wastes once they have been discarded. Disposal includes, but is not limited to, landfilling, recycling and incineration of hazardous wastes. Mere acceptance of waste at a properly permitted Disposal Facility and/or completion of a Uniform Hazardous Waste Manifest by such facility does not meet the definition of Disposal.

DESIGNATED “DISPOSAL” FACILITY means a dangerous waste treatment, storage, or disposal facility that has received a permit (or interim status) in accordance with the requirements of WAC 173-303, has received a permit (or interim status) from another state authorized in accordance with 40 CFR part 271, has received a permit (or interim status) from EPA in accordance with 40 CFR part 270.

ENVIRONMENTAL OR SAFETY LAW means the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Superfund Amendment and Reauthorization Act, the Toxic Substances Control Act (TSCA), the Occupational Safety and Health Act, the Washington Hazardous Waste Management Act, the Washington Model Toxics Control Act, the Hazardous Materials Transportation Act, and regulations promulgated under such authority, and any and all other federal, state, regional, local or international statutes, regulations, rules, ordinances, orders, court or regulatory agency directives, permits, licenses, governmental authorizations and common law causes of action that apply to (1) any hazardous substance or material regulated or restricted under CERCLA, RCRA, or TSCA; (2) any other pollutant, contaminant, or waste; (3) the health or safety of persons; or (4) the protection of the environment or land use. Environmental or Safety Law includes past and future amendments and supplements.

HAZARDOUS MATERIALS means a substance or material, which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. The term includes hazardous substances, hazardous wastes, marine pollutants, and elevated temperature materials.

HAZARDOUS WASTE mean those solid wastes designated by 40 CFR part 261, and regulated as hazardous waste by the United State EPA and those wastes regulated by the Washington State Dangerous Waste Regulations, Chapter 173-303 WAC.

HOUSEHOLD HAZARDOUS WASTE means any waste which exhibits any of the properties of dangerous wastes that is exempt from regulation under chapter 70.105 RCW, Hazardous waste management, solely because the waste is generated by households.

INCINERATION means the final destruction of hazardous wastes by complete and legal combustion in a RCRA permitted unit as defined at 40 CFR Part 260.10.

INCINERATION FACILITY means:

An incinerator approved under section 3005 (c) of the Resource Conservation and Recovery Act (42 U.S.C. §6925 (c)) (RCRA).

INDUSTRIAL FURNACE means enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy: such as Cement kilns; lime kilns; aggregate kilns, phosphate kilns,blast furnaces; smelting, melting, and refining furnaces.

RECYCLE means to use, reuse or reclaim a material.

RECYCLING FACILITY means a facility that uses, reuses or reclaims materials.

RECLAIM means to process a material in order to recover useable products, or to regenerate the material. Reclamation is the process of reclaiming.

USER DEPARTMENT means a City of Seattle department, which is authorized to use the contract services.

c) SPECIAL TERMS AND CONDITIONS:

1) CONTACT RESOURCES: A contact person for the Contractor shall be available by telephone during normal business hours, 8:00 AM to 3:00 PM Pacific Standard Time, Monday through Friday, for general contract services. For emergencies, a contact person shall be available to the City by telephone on a 24-hour-per-day basis. The Contractor shall identify the persons who will be the Contract Account Manager and the Contract Account Representative. The Contractor shall also identify the persons who will be the service contact person and alternate service contact person on the Contract. If the Contract Account Manager or service contact person changes during the Contract, the Contractor shall verbally notify the City within twenty-four (24) hours and follow up in writing within five (5) days of the date of change.

2) CONTRACTOR NOTICE OF BUSINESS CHANGES: The Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor, or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under the Contract. Regarding replacement of subcontractors, see related provisions of this Contract at subsection, FACILITIES AND SUBCONTRACTORS", later in this section.

3) LOCAL FACILITY(S): The Contractor shall maintain an office in either King, Pierce or Snohomish Counties. The office shall have personnel with the technical expertise and authority to dispatch appropriate services and implement the Contract within the time limits specified in the Contract. A local contact person shall be available by telephone during normal business hours for general Contract services, 8 a.m. to 5 p.m., Monday through Friday. For emergencies, the Contractor shall be available to the City by telephone on a 24-hour-per-day basis.

4) ACCESS AND REVIEW: The City may visit and view any of the offices, premises, facilities and vehicles of the Contractor and the Contractor's actual or proposed subcontractors, upon request and reasonable notice during the terms of the Contract and any renewals. The Contractor and its actual and proposed subcontractors shall allow the City access to all facilities and to view annual financial statements, environmental, safety, and training records upon request, and shall assist authorized City personnel in visiting, viewing and reviewing the Contractor and subcontractor's Facilities and records and in copying records. The parties may reach a reasonable agreement regarding the manner and cost of copying of records.

5) COMPLIANCE AND PERMITS: The Contractor and subcontractors, at no additional expense to the City, shall have and maintain current and in full force and effect during the term of the Contract any and all identification numbers, licenses, permits and other governmental approvals or authorizations required by all applicable Environmental or Safety Law for the services and activities covered by the Contract, and shall comply with all requirements thereof.

The Contractor shall notify the City in writing within three (3) business days of any change in the Contractor’s or any subcontractor's Environmental or Safety Law permit, license or compliance status, including but not limited to any citation, notice of violation, administrative order, court order, judgment or other enforcement action by any regulatory entity or agency involving the Contractor or subcontractor for violation of any Environmental or Safety Law. The Contractor shall fully cooperate with the City in its investigation of compliance and permitting matters.

The City may, at any time, cancel this Contract based on its evaluation of the Contractor’s environmental or Safety Law compliance.

The Contractor is solely responsible for compliance. Nothing in this Contract, including the City's receipt, review, acceptance or approval of the Contractor’s or subcontractor's permits, licenses, governmental approvals or authorizations, insurance documentation, safety plans, other plans or other regulatory or compliance information, shall be construed to waive any rights of the City, nor shall it relieve the Contractor of any legal obligation, including but not limited to the obligation to provide a safe and healthful working environment.

All services pursuant to the Contract provided at a TSDF shall be provided in compliance with the CERCLA off-site policy and 42 U.S.C. § 9621 (d) (3), as if the wastes were CERCLA wastes for the purposes of this section only. Upon City request, the Contractor shall provide proof of government notification regarding eligibility.

6) TSDF STATUS OF CONTRACTOR

As a measure of general qualifications, the Contractor shall be the owner or operator of a Treatment, Storage and Disposal Facility ("TSDF") holding a valid EPA or EPA/State Identification Number for handling hazardous wastes, and shall (1) have EPA/State interim status authorization to operate as a TSDF or (2) hold a final status operating permit (RCRA or state-issued Part A and Part B permit) pursuant to applicable Environmental or Safety Law. The Contractor and subcontractors employed and every facility or piece of equipment used shall have all necessary regulatory authorizations to handle the wastes shipped pursuant to the Contract. The Contractor need not be the owner of the facility used for Final Treatment/Disposal of wastes received from the City under the Contract.

7) CITY FACILITIES:

The Contractor shall provide services, as directed by authorized City Department representatives, at City sites within the State of Washington. Most all City sites are located within King County; the exceptions are electric generation facilities in Whatcom County and Pend Oreille County. A majority of the services will be for sites within the Seattle City limits. Upon authorized notice by the City, the Contractor shall also service additional City sites pursuant to the Contract. Actual prices for services at these other locations shall be agreed on prior to the provision of service.

8) COLLECTION AND TRANSPORTATION:

Every transporter shall have and maintain any and all identification or registration required for transportation of materials under this Contract. All vehicles used for transport of waste under the Contract shall be equipped with appropriate spill containment and loading mechanisms, and shall meet the federal Department of Transportation requirements and other Environmental or Safety Law.

Driver Training: All drivers used in hauling of DOT-regulated hazardous materials under this Contract shall have and maintain the hazardous materials endorsement for their commercial driver's license. Hazardous Material drivers shall be trained in accident prevention, defensive driving, proper loading and unloading procedures, use of personal protective equipment, and emergency response to spills or accidents, as required by applicable Environmental or Safety Law. Training shall include refresher courses. Transporters shall maintain a health and safety plan for employees and a spill prevention and response plan for vehicles.

Incident Reports: All transporters governed by Department of Transportation regulations shall submit an Incident Report Form 5800.1 to the DOT, when such incident reporting is required by DOT regulations.

Labeling: The Contractor, at no additional expense to the User Department, may be required to supply a multi-part inventory sheet for lab-packed containers. In addition, the Contractor, at no additional expense to the User Department, shall supply required DOT and EPA labels and placards for shipping and storage of contracted waste disposal containers. The User Department shall be responsible for correctly labeling waste containers in accordance with State Dangerous Waste regulations and Federal DOT and EPA regulations.

Packing: The Contractor shall sort and pack the wastes, at a Contract price, in compliance with Department of Transportation regulations and all other applicable Environmental or Safety Law. If requested by the User Department, the Contractor shall provide supplementary packaging such as drums, lab pack materials, overpack drums, etc., at agreed costs. Any personnel used by the Contractor to pack wastes shall have all required training, equipment, certification and medical monitoring for the work performed.

The User Department may choose to pack wastes for transport using Department of Transportation approved materials and procedures. The Contractor cannot require any additional packing procedures unless such procedures are in writing and the City agrees to them in advance.

At the request of the User Department, the Contractor shall provide Department of Transportation-approved containers and packing materials suitable for packaging and transport of all types of wastes. Containers and materials ordered by the City shall be delivered at the time when wastes are scheduled to be picked up from City facilities, or as otherwise directed by the City. No delivery charge for materials or containers will be allowed, unless the City requires that a special rush delivery be made.

Vehicle Marking: The Contractor shall be responsible for marking its own transportation vehicles in accordance with DOT regulations. Markings and placards required by DOT regulations shall be provided by the Contractor at no additional charge.

Manifests/Shipping Papers:

Unless otherwise specified by the User Department and at no additional cost to the City, the Manifest (Non-Hazardous Waste Manifest or Uniform Hazardous Waste Manifest, as applicable) shall be prepared by the Contractor for all items transported pursuant to the Contract. For all regulated hazardous wastes, a Uniform Hazardous Waste Manifest shall be used. Non-hazardous materials may be transported using either a Non-Hazardous Waste Manifest or shipping papers such as a Bill of Lading. The Contractor shall manifest separately those waste streams known to require more than 180 days for receipt of a Certificate of Disposal/Destruction.

At no additional cost to the User Department, the Contractor is required to provide electronic access to create, edit, and print manifests at the User Department Site(s).

At Block "15", every Manifest shall state that a Certificate of Disposal/Destruction or Recycling is required for all wastes on the Manifest. In addition, the User Department reserves the right to specify at Block "15": (1) the method of waste management, and (2) any additional special instructions. The User Department representative shall review, request or make changes as necessary, approve, and sign the Manifest and receive the Generator Copy prior to transport of the waste. Unless otherwise requested by the User Department, the Contractor shall serve as the twenty-four (24) hour emergency contact to be listed on the Manifest.

The Contractor shall notify the City immediately, verbally and in writing, of any changes to be made to the Manifest after shipment from a City facility.

At no additional cost and upon request, the Contractor shall promptly provide to the User Department copies of all Manifests and LDRs or shipping papers that document transportation of the User Department’s wastes.

9) SCHEDULING TRANSPORTATION: To schedule a pickup, the User Department representative shall contact the Contractor. Within no more than five (5) business days of the date the User Department has both identified the contents of shipment and contacted the Contractor, the waste shall be picked up, except in the case of the two (2) household hazardous waste sites which shall require pick-up within no more than three (3) business days.

In all cases, and at a Contract price, the Contractor shall provide “rush” pick-up service within 24 hours of the User Department’s request.

10) DOT REQUIREMENTS FOR TRANSPORTERS: Every transporter shall maintain an EPA/State Identification Number as a transporter of hazardous waste, unless otherwise agreed by the City in writing. All vehicles used for transport of waste under the Contract shall be equipped with appropriate spill containment and loading mechanisms, and shall meet the federal Department of Transportation requirements and other Environmental or Safety Law.

All drivers shall be trained in accident prevention, defensive driving, proper loading and unloading procedures (including compatibles and incompatibles), use of personal protective equipment, and emergency response to spills or accidents, as required by applicable Environmental or Safety Law. Training shall include refresher courses. Transporters shall maintain a health and safety plan for employees and a spill prevention and response plan for vehicles.

The Contractor shall be responsible for compliance with all Transporter required provisions of the Department of Transportation regulations regarding Security Requirements for Offerors and Transporters of Hazardous Materials (HMR. 49 C.F.R. § 172.800-.804)

11) FACILITIES AND SUBCONTRACTORS: Only those Facilities and Subcontractors specified by the Contractor in the "PROPOSED FACILITIES" and "PROPOSED TRANSPORTERS" attachments shall be used under this Contract, unless agreed otherwise by the City though a written change order, and in accordance with the terms of this Contract. For the treatment, disposal or recycling of dangerous or hazardous wastes in performance of the Contract, every facility which any subcontractor uses shall hold a valid EPA or EPA/State Identification Number for handling dangerous or hazardous wastes, and have at least EPA/State interim status authorization to operate as a TSDF. Every subcontractor facility or equipment used in performance of the Contract for all wastes or all methods, shall have all regulatory authorizations necessary for the methods and wastes.

The Contractor shall not employ the services of any subcontractor in performance of the Contract without thirty (30) days prior written notification to the City and sending the City an amended City subcontractor list at the end of the thirty (30) days. The City reserves the right to reject any proposed subcontractor. In the event that the City rejects a proposed subcontractor by giving notice to the Contractor, the proposed subcontractor shall not be included on the City subcontractor list and shall be replaced within thirty (30) days of receipt of the City’s notice.

In summary, the Contractor shall not employ the services of any facility or subcontractor in performance of the Contract without:

(i) written notice to the City’s Purchasing Services Section at least 30 days prior to use of the facility or subcontractor;

(ii) written submittal of an amended facility/subcontractor list; and

(iii) a written change order from the Contract Administrator documenting acceptance by the City of the addition of the facility or subcontractor.

Written notice shall include the following: facility/company name, address, owner, operator, contact person, phone number and description of facility capabilities and environmental compliance record during the three (3) most recent calendar years. Environmental compliance record means all environmental or safety law-related orders, notices, or citations received by the Contractor and the status of the Contractor’s responses to them.

Any costs caused by the work of subcontractors not included on the City subcontractor list, or by delays due to failure to comply with this section, shall be borne by the Contractor .

12) TREATMENT, DISPOSAL, AND RECYCLING METHODS:

Unless otherwise specified by the User Department, the Contractor shall in each instance use the lowest-cost, legal option of waste management specified in Appendix A. At its option, the User Department may request a certain method listed in Appendix A by indicating the method in advance of shipment at Block "15" of the Manifest. User Departments are required to consider the state waste management hierarchy, and may choose a method that exceeds the minimum federal and state regulations for that waste. The Contractor shall comply with the City request, provided however that if the method identified by the User Department would violate any Environmental or Safety Law applicable to the waste, the Contractor shall not comply with the request and shall notify the User Department and assist in correcting the selection/method and the manifest in order to comply with applicable law. For all wastes the Contractor is responsible to provide contract services in compliance with all applicable law.

13) Non-Conforming Waste: Within ten (10) business days after receipt of the waste at the Contractor's facility, the Contractor may reject any waste for which a constituent deviates by ten percent or greater from the characterization or sample provided to the Contractor by the City. The Contractor shall immediately verbally notify the City of such rejection and the manner in which the waste is non-conforming and shall confirm such verbal notification in writing within ten (10) business days.

In the event of such rejection and if there is mutual agreement between the Contractor and the City, the Contractor shall: (a) either return the waste or submit a representative sample to the City for further analytical characterization by the City or (b) either arrange for treatment or disposal of the waste at another permitted and authorized facility, or if consistent with the Contractor's permits, the Contractor may treat or dispose of the non-conforming waste The City shall pay all fees and costs incurred in the handling of non-conforming waste if such handling is in conformance with the mutual agreement, including transportation, storage, treatment, and disposal charges.

14) TITLE TO WASTE: The Contractor shall take title to and sole custody of the wastes when the task of loading has been completed and the Manifest has been approved and signed by The User Department representative.

15) SPILL RESPONSIBILITIES: The Contractor is solely responsible for any and all spills or leaks, except those caused by the sole negligence of the City, which occur during the performance of the Contract. Except for spills or leaks caused by the sole negligence of the City, and at no additional cost to the City, the Contractor shall contain and clean up, any and all spills or leaks to the satisfaction of the City, and in a manner that complies with all applicable Environmental and/or Safety Law(s). At reasonable cost to the City, the Contractor shall contain and clean up any and all spills or leaks caused by the sole negligence of the City to the satisfaction of the City and in a manner that complies with all applicable Environmental or Safety Law.

The Contractor shall immediately report all spills and leaks within one (1) hour of discovery by telephone to the User Department’s representative, as designated in writing by the City for this purpose. This telephone report shall convey all the information contained in the Spill Telephone Report Form, Attachment #9 of the Request for Proposal. A written, detailed follow-up report shall be submitted to and received by the User Department’s representative within five (5) business days of the spill, and shall include at least the following: (a) a description of the waste spilled, (b) whether the amount spilled is EPA/State reportable and whether the spill was reported, (c) the time and location of the spill, (d) the spill containment and cleanup procedures initiated, and (e) a summary of any communications with press or governmental entities.

Nothing in this section will relieve the User Department of any obligation to report releases to the authorities.

Within ten (10) days of the award of the Contract, the Contractor shall provide and maintain a written spill prevention and emergency response plan, pertaining to all aspects of performing the Contract, including but not limited to personnel training.

16) CERTIFICATES OF DISPOSAL/RECYCLING/TREATMENT: For all wastes managed under this Contract, and at no additional cost to the City, the Contractor shall ensure that the City receives in a timely-manner, signed Certificates of Disposal (CDs), Recycling or Treatment sufficient to document how all materials in each load were managed under this contract for the City.

Certification will be provided to the City promptly upon treatment of the materials, but in no case longer than 180 days from the date materials were picked up from the City. All documentation shall refer to the Uniform Hazardous Waste Manifest number, the Non-Hazardous Waste Manifest number or Shipping ID number for the wastes shipped. Copies of any and all Manifests used in the transportation for disposal of City wastes are to be included with the Certificates of Disposal (CDs), Recycling or Treatment.

Non-Regulated Waste: For all non-regulated waste managed under this contract, and at no additional cost to the City, the Contractor will provide certificates of recycling or disposal sufficient to document how all materials in each load were handled under this contract for the City. Certification will be provided to the City promptly upon treatment of the materials, but in no case longer than 180 days from the date materials were picked up from the City. The Certificate shall, at a minimum, identify for each shipment:

i) The User Department facility where the waste was collected;

ii) the date of shipment;

iii) the User Department identification numbers associated with the waste (if used),

iv) the waste description and the quantity of waste;

v) the name and address of the final waste disposal or recycling facility;

vi) the Uniform Hazardous Waste Manifest number, Non-Hazardous Waste Manifest number, or Shipping ID number, or bill of lading under which the waste was initially transported from City property for disposal;

vii) the processing/recycling method used.

Regulated Waste: For all regulated hazardous waste managed under this contract, and at no additional cost to the City, the Contractor will provide certificates of recycling or disposal sufficient to document how all materials in each load were handled under this contract for the City. Certification will be provided to the City promptly upon treatment of the materials, but in no case longer than 180 days from the date materials were delivered by or picked up from the City. The Certificate shall, at a minimum, identify for each item:

i) The User Department facility where the waste was collected;

ii) the date of shipment;

iii) the User Department identification numbers associated with the waste (if used),

iv) the waste description and the quantity of waste;

v) the Uniform Hazardous Waste Manifest number under which the waste was initially transported from City property for disposal;

vi) any and all additional Uniform Hazardous Waste Manifest numbers under which the waste was transported for disposal;

vii) the name, address and EPA ID number of the final disposal facility;

viii) the method of final disposal or destruction;

ix) the date of final disposal or destruction, and

x) the following statement of certification, signed and dated by the representative of the disposal facility: "Under civil and criminal fraudulent statements or representations (for example, 18 U.S.C. 1001), I certify that the information contained in or accompanying this document is true, accurate, and complete."

At no additional cost and upon request, the Contractor shall promptly provide to the User Department accurate and timely status reports for any waste transported under the Contract, for which the User Department has not received the Certificate of Recycling/Disposal. The Contractor shall routinely provide to the City Certificates of Disposal for wastes shipped from City facilities pursuant to the Contract. The Certificate(s) shall be provided to the User Department within thirty (30) days of final disposal and receipt shall not exceed one hundred eighty (180) from date of pick up from User Department.

17) RECORDS, REPORTS, PROGRESS MEETINGS, OWNERSHIP CHANGE:

Records Kept and Accessible - The Contractor shall keep complete and accurate records of waste picked up pursuant to the Contract, including the status, location and disposition of the waste and any facilities and subcontractors handling such waste.

Reports - At a minimum, the Contractor shall provide to each User Department the following reports, specific to this Contract only, and each User Department, specifically to the authorized Department Representative identified as the “Primary Contact”, and to the Contract Administrator:1. a copy of every new Waste Profile, 2. a copy of the annual waste report in a format approved by the City (both the WDOE Dangerous Waste Annual Report and the WDOE SQG/HHW Report , and 3. Biannual/ CD Reports, if requested by the User Department.

Waste Profiles with lab data as applicable - At the beginning of the Contract and annually thereafter, the Contractor shall provide to each User Department Representative and to the Contract Administrator, a copy of all active Waste Profiles. Thereafter, the Contractor shall provide a copy of every new Waste Profile to every User Department Representative and the Contract Administrator. The Contractor shall provide copies with the authorizing signature on the Waste Profile.

Annual Waste Reports - The Contractor shall submit an annual waste report by January 31st of every year, in a format approved by the City, and that matches the Washington Dangerous Waste Annual Report, documenting and tracking the waste disposal services that the Contractor provided to the City pursuant to the Contract. These annual waste reports will be used by each User Department to complete the Dangerous Waste Annual Report due to the Washington State Department of Ecology (DOE) every year by March 1st. Each report, by User Department, shall include all information required on the WDOE annual reporting form in a format acceptable to the City.

In addition, the Contractor shall provide an annual waste report, in a format approved by the City, that includes all information required on the WDOE annual report for Household Hazardous Wastes.

Biannual/ CD Reports Six months after the effective date of the Contract, the Contractor shall provide a “CD Report” by Manifest. In addition, a User Department may require a “CD Report” every six months thereafter.

At a minimum, each CD Report by Manifest shall include the following information:

a. City generator site, EPA ID number and address;

b. Report by Manifest line (1.a., 1.b., etc.);

c. Waste Profile Number;

d. Waste description;

e. Waste management method used;

f. Name of Final TSDR;

g. Contractor Manifest Number to TSDR/Final TSDR;

h. Date shipped on Contractor Manifest to TSDR/Final TSDR;

i. CD Destruction/Disposal date.

Upon request, the City can provide an example in an acceptable report format.

At no additional cost and upon request, the Contractor shall promptly provide to the User Department accurate and timely status reports for any waste transported under the Contract, for which the User Department has not received the Certificate of Recycling/Disposal.

Waste Profiles Reports - - At the beginning of the Contract and annually thereafter, the Contractor shall provide a list of all the active and expired Waste Profiles.

Upon request by the Contract Administrator, the Contractor shall provide interim reports of Contract use for City records.

Progress Meetings - Upon periodic request by the City, the Contractor shall meet with the City to discuss the status of services provided by the Contractor. The Contract Administrator will arrange a meeting date, time, and place. The Contractor shall also be available for in-person meetings with all appropriate personnel present to discuss any service-related problem and/or possible Contract violation.

Change in Ownership - The Contractor shall notify the City in writing within three (3) business days of any changes in ownership of the facilities of the Contractor, or of the facilities of any subcontractor or a change in ownership of a Transporter. In addition, the Contractor shall notify the City in writing as soon as possible and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under the Contract.

18) TECHNICAL SUPPORT: PERSONNEL, PACKING MATERIALS

Personnel Upon request by the City, the Contractor shall provide competent technical assistance as listed below and at Contract prices. No charges for travel or per diem will be allowed, except for travel and per diem to the Skagit Hydroelectric Project or the Boundary Hydroelectric Project of Seattle City Light or for locations outside of King County. Technical support personnel shall have the appropriate health and safety training, knowledge of the applicable Contract requirements, and knowledge of applicable Environmental or Safety Law.

Technicians may be requested to collect samples, complete Waste Profiles and assist with the proper packing and labeling of hazardous materials for transport. If the Contractor is required to conduct sampling, sampling shall be completed within forty-eight (48) hours after request for service. Technicians shall be knowledgeable about waste compatibilities/incompatibilities and required sorting and packing methods pursuant to all applicable law and the Contract.

Instructors may be requested to provide training on the Contract requirements that pertain to the handling and disposal of dangerous or hazardous waste and household hazardous waste. Instructors shall be able to teach classroom or on-site workshops for City personnel regarding the procedures for characterizing, sorting, packing and transporting dangerous or hazardous waste and household hazardous waste under the Contract, or regarding other aspects of the Contract, including but not limited to profiling, manifesting, labeling, transporting, disposal methodologies, recycling options, record keeping and spill response.

Packing Materials - At the request of the User Department, the Contractor shall provide Department of Transportation-approved containers and packing materials suitable for packaging and transport of all types of hazardous materials. Containers and materials ordered by the City shall be delivered at the time when hazardous materials (wastes) are scheduled to be picked up from City facilities, or as otherwise directed by the City. No delivery charge for materials or containers will be allowed, unless the City requires that a special rush delivery be made.

19) HEALTH & SAFETY PLAN

The Contractor shall have a written general health and safety plan in place pertaining to all work pursuant to the Contract, and shall regularly comply with the plan and all applicable law.

Within thirty (30) days after award of the Contract, the Contractor shall prepare a written supplemental contract-specific health and safety plan pertaining to risks posed by exposure to hazardous materials and any other hazards at City sites in performance of the Contract. The contract-specific health and safety plan shall be implemented before any work shall commence on City property pursuant to the Contract. A copy shall be provided to the City promptly upon request.

20) CHARACTERIZATION/WASTE PROFILES

Without charge, the Contractor shall accept existing, active Waste Profiles that are provided to the Contractor and that were produced for any User Department under a previous contract, unless agreed otherwise by the City in advance, in writing. As necessary, the City will meet with the Contractor to discuss Waste Profiles and the profiling process.

An existing, active “City Waste Profile (WP)” generated and used by one User Department can be used by all other User Departments if allowed by law or statute (e.g. Regulated commercial waste can not be manifested/disposed of as exempt HHW).

When a “City Waste Profile” expires or a new waste stream requires a new Waste Profile, a “New Waste Profile” shall be generated, either by the Contractor or the User Department. . “New Waste Profiles” shall be produced for use by all User Departments, rather than only the User Department initiating the new Waste Profile. The Contractor shall generate the new Waste Profile (WPs) at no cost to the City.

For profiling purposes, the City may choose to characterize a waste stream in one of two ways:

1. The User Department may choose to develop and submit a WP to the Contractor. At the request of a User Department, the Contractor may be required to provide sampling services, conducting sampling within 48 hours after request for service. The Contractor shall use ONLY laboratories accredited by WDOE to analyze dangerous waste streams and unless specified in writing otherwise by a User Department, ONLY the laboratories with an effective Contract with the City. The User Department will provide to the Contractor all necessary information to characterize the waste stream; this may include generator knowledge, an MSDS and/or laboratory results.

2. At the request of the User Department, the Contractor shall provide a WP to the User Department within three (3) business days after receipt of all necessary information. If the Contractor develops the WP, the Contractor shall provide a copy of any laboratory results used with the WP.

At the request of the User Department and at a Contract price, the Contractor shall provide "rush" service for preparation of a WP within 48 hours of receipt of the sample, if necessary. “Rush” analyses must be completed within forty-eight (48) hours of sample receipt and results shall be available by FAX, with written results submitted within seven (7) calendar days.

21) EXPERIENCE

The Contractor shall maintain adequate levels of experience, (at least three (3) years of experience) treating, storing or disposing of hazardous waste.

22) PAYMENT:

Before payment, the Contractor shall provide to the User Department a correct, line-itemized invoice, in duplicate, documenting all services and items billed. Invoices shall be sent to the authorized Representative identified by the User Department. The City reserves the right to withhold payment if proper invoicing and documentation is not provided.

In no event shall payment for services under the Contract be made until the signed original of the initial Manifest is received by the User Department from the disposal facility.

75/25 Payment Option - At the option of the User Department, 75% of payment shall be paid upon receipt of the initial Manifest from the disposal facility, and the balance (i.e. 25%) of the payment shall be paid after receipt of the Certificate(s) of Disposal, complete for all items in the shipment, is received by the User Department. When using this option, the User Department shall notify the Contractor of its decision to use this option.

23) PRICING: Contractor prices shall remain firm through at least the initial year of the Contract. After the first year, pricing under the Contract can be changed only as provided in this section. Decreases: Any price or cost reduction to the Contractor shall be reflected in a reduction of the Contract price to the City, retroactive to the date of the price or cost reduction to the Contractor.

Increases: Any price increase must be requested by the Contractor and may only be implemented if accepted by the City. Requests may only be made after the first year of the Contract. Any request shall clearly identify the item(s) and increase(s), be filed with the Purchasing Services Section a minimum of 30 days before the proposed price change date, be the result of cost or price increases to the Contractor incurred after the Contract commencement date, and be accompanied by documentation acceptable to the City sufficient to warrant the increase. Any price accepted by the City shall remain unchanged for no less than one year.

24) CITY DEPARTMENT PERSONNEL AUTHORIZED TO USE CONTRACT: The Contractor shall accept orders from only the City personnel the User Department has authorized in writing to place orders for services under the Contract. A list of authorized personnel or User Department Representative(s) will be attached to the final vendor contract..

OTHER CHARGES AND SERVICES

I. Transportation

A. Charge for Out-of-County Pickup of Wastes

1.Trip Charge for pickup of wastes outside King County (price to include all personnel and equipment costs)

$_1.61___/mile from County Line

B. Charge for “Rush” Pickup Service

1.”Rush” pickup within the County

$_285.72___/Rush Trip

2.“Rush” pickup outside the County

$_285.73___/Rush Trip

C. Charge for Exceeding Normal Load Time (normal load time = _1 Hour____)

$_77.93___/Hour

II. Technical Support Personnel

No additional charges for travel per diem shall be allowed, except for sites more than two (2) hours driving time from the King County line.

A. Technicians: Assist with the collection of samples, as appropriate, and conduct proper packing and labeling of hazardous materials for transport at the following rate (technicians shall be knowledgeable about all applicable law and the specifications in the Scope of Work).

Standard straight time rate: $_31.17___/Hour

Sunday time rate: $_46.76___/Hour

Holiday time rate: $_46.76___/Hour

Overtime (8+hr) rate: $_31.17___/Hour

B. Instructor(s): Knowledgeable staff may be called upon to teach City personnel the procedures for sorting and packing hazardous materials per the Scope of Work and teach other related hazardous materials/waste management topics.

$_57.15___/Hour

$_457.16___/Day (eight(8) hours)

C. Travel and per diem charges for sites more than two (2) hours driving time from the King County line.

$_31.17___/Hour travel time per employee

$_93.51___/diem with lodging per employee

$_51.95__/diem without lodging per employee

III. Hazardous Materials Containers and Packing Materials

Prices are for containers and packing materials which comply with all applicable federal DOT regulations and other law and are suitable for storage and transportation. Containers/items are to be delivered at the time when hazardous materials are scheduled to be picked up. Prices are to be proposal FOB Destination, Freight Prepaid and Allowed.

Container/Material Price per Unit Metal Price per Unit Poly

5-gallon drum $_18.70____/each $_9.35 /each

10-gallon drum $_18.70____/each $_18.70____/each

20-gallon drum $_25.98___/each $_25.98___/each

30-gallon drum $_34.29____/each $_34.29____/each

55-gallon drum (new) $_41.56____/each $_41.56____/each

55-gallon drum (reconditioned) $_25.98____/each $_29.09____/each

85-gallon drum overpack $_88.32____/each $_88.32____/each

5, 10, 20, 30, 55-gal drum liners: $_0.00____/each

Lightweight absorbent $_7.79____/bag

Drop Boxes (cubic yards) $_8.31____/cy (20 cy min.)

SEE ALSO PRICING ATTACHMENT # 2

DISPOSAL FACILITIES

(Original Proposed Disposal Facilities Sheet on File in Original Contract)

1. Facility Name: Clean Harbors Aragonite, LLC

Facility Site: 11600 North Aptus Road, Aragonite, UT 84029

EPA/State identification Number: UTD 981552177

2. Facility Name: Clean Harbors Florida, LLC

Facility Site: 170 Bartow Municipal Airport, Bartow, FL 33830

EPA/State identification Number: FLD 980 729 610

3. Facility Name: Clean Harbors Service Inc

Facility Site: 11800 S. Stony Island Ave, Chicago, IL 60617

EPA/State identification Number: ILDE 000608471

4. Facility Name: Clean Harbors Deer Park, L.P.

Facility Site: 2027 Battleground Road, Deer Park, TX 77536

EPA/State identification Number: TXD 055141378

5. Facility Name: Clean Harbors Grassy Mountains, LLC

Facility Site: 3 Miles East, 7 Miles North of Exit 41 off I-80, Utah

EPA/State identification Number: UTD 991301748

6. Facility Name: Clean Harbors San Jose, LLC

Facility Site: 1021 Berryessa Road, San Jose, CA 95133

EPA/State identification Number: CAD 059494310

7. Facility Name: , Inc dba AERC Recycling Solutions

Facility Site: 2591 Mitchell Ave, Allentown, PA 18103

EPA/State identification Number: PAD 987367216

8. Facility Name: Amazon Environmental

Facility Site: 7048 Elmer Ave, Whittier, CA 90602

EPA/State identification Number: CAL 000 147 475

9. Facility Name: DeMenno/Kerdoon

Facility Site: 200 N. Alameda St. Compton, CA 90222

EPA/State identification Number: CAT 080013352/HFEF 38000391

10. Facility Name: Giant Resource Recovery, Inc(Grr)/Grr Aerosols, Inc/Solite Corp

Facility Site: Rt 1, State Road 652, Arvonia, VA 23004

EPA/State identification Number: VAD 098 443 443

11. Facility Name:Kinsbursky Brothers, Inc

Facility Site:1314 N. Anaheim Blvd., Anaheim, CA 92801

EPA/State identification Number:CAD 088504881

TRANSPORTERS

(CONTRACTOR-OWNED AND SUBCONTRACTORS)

1. Transporter Company Name: Clean Harbors Environmental Services, Inc

COMPANY SITE ADDRESS:117 Frontage Road North, Building D, Pacific, WA 98047

COMPANY CONTACT PERSON: Susan Sevy Title: Trans Compliance Mngr

Phone Number: 800-368-4244 Ext 204 FAX Number: 216-429-2713

E-Mail Address:__sevys@

The Contractor shall list all transporters (including Contractor-owned) that Contractor proposes to use in performance of the Contract. Use additional sheets, if necessary, for complete and accurate answers. Contractor may include additional transporters using the same format.

A. Mailing Address: P O Box 859048, Braintree, MA 02185-9048

B. EPA/State Identification Number: EPA ID # MAD 039322250

2. Transporter Company Name: TW Company*

COMPANY SITE ADDRESS: 505 North Main Street: North Salt Lake , UT 84054

COMPANY CONTACT PERSON: Ron Lutz Title: Transport Manager

Phone Number: 801-299-1900 FAX Number:

E-Mail Address: ron.lutz@

The Contractor shall list all transporters (including Contractor-owned) that Contractor proposes to use in performance of the Contract. Use additional sheets, if necessary, for complete and accurate answers. Contractor may include additional transporters using the same format.

C. Mailing Address: 805 North Main Street: North Salt Lake, UT 84054

D. EPA/State Identification Number:UTD988074712

*Added per Change Order #1

SPILL TELEPHONE REPORT

NAME OF NOTIFIER:

PHONE NUMBER OF NOTIFIER:

DATE OF SPILL:

MATERIAL SPILLED:

ESTIMATED QUANTITY SPILLED:

SPILL LOCATION:

SPILL SOURCE:

NAME OF ANY WATERS THREATENED:

HAZARDS TO HUMAN HEALTH AND/OR ENVIRONMENT:

PERSON IN CHARGE OF SPILL SITE OPERATIONS:

PHONE NUMBER:

GOVERNMENTAL REPRESENTATIVE(S) ON SCENE:

CLEANUP ACTIVITIES UNDERWAY:

CLEANUP ACTIVITIES PLANNED:

INJURIES, IF ANY:

Was a Regulatory Agency Contacted? Yes: ______No:_______

Notifier’s Name and Telephone Number:

AGENCY(S) AND/OR PERSON(S) CALLED:

DATE and TIME OF CALL:

CONTRACT MANAGER AND CONTRACT REPRESENTATIVE(S)

1. Contract Manager: _Daniel Czecholinski 253-288-2800__________

2. Contract Representative:___Keith Gehring: 253-288-2814______________

3. 24-Hour Contact: _Clean Harbors Operations Center 800-343-4244___________

4. Contractor’s Representative of Regulatory Affairs: Scott Nicjel (H&S)

Roger Fox (Environmental)

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download