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HomeMy WebLinkAbout2007/07/17 Item 10 CITY COUNCIL AGENDA STATEMENT ~l~ CITY OF . -f t",?, CHULA VISTA 7/17/07, Item /0 ITEM TITLE: RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC FOR TURN-KEY HOUSEHOLD HAZARDOUS WASTE AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE MANAGEMENT SERVICES FROM JULY I, 2007 THROUGH JUNE 30, 2009, AND THREE (3), ONE-YEAR EXTENSIONS THROUGH JUNE ~~~_ t<i'v- DIRECTOR OF GENERAL SERV~ ACTING ASSISTANT~I MANAGER "7-r CITY MANAGER 4/5THSVOTE: YES 0 NO ~ SUBMITTED BY: REVIEWED BY: REVIEWED BY: BACKGROUND In April, the City released a Request for Proposal (RFP) to provide Household Hazardous Waste (HHW) and Conditionally Exempt Small Quantity Generator (CESQG) Waste Management Services. The Evaluation Committee selected Clean Harbors Environmental Services, Inc (Clean Harbors) as the responsive bidder for a two-year contract, with three (3), one-year (I) extensions. Clean Harbors is the current contactor and if Council approves the resolution, Clean Harbors could continue to provide HHW services from July I, 2007 to June 30, 2012. Clean Harbors has agreed to an extension of the previous contract until July 31, 2007, while negotiations are completed for the new agreement. ENVIRONMENTAL REVIEW Not applicable. RECOMMENDATION Council approve the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista is the lead agency in the South Bay Regional Household Hazardous Waste (HHW) Program, which is a partnership between the cities of Chula Vista, Imperial Beach and National City. Chula Vista staff is also working on use agreements with the city and county of San Diego. Each jurisdiction pays for their residents' participation in this program. The HHW program is one element of the City of Chula Vista's Waste Diversion and Recycling Plan designed to reduce the amount of waste being disposed of at the landfills. 10-1 7/17/07, Item~ Page 2 of5 As a result of changes in state law regarding electronics, household batteries and fluorescent lamps, the number of Chula Vista residents using the HHW drop-off facility has significantly increased, making it necessary under the City Charter to re-bid this contract. 2007 .2004 02005 .2006 .2007 yearto date Q) ;;; ;;; ;;; .0 .0 0 .0 .0 E 13 E E ! 0 ~ 1l 0 ~ Q) Z rJl Figure 1 -Chart Data as of May 12, 2007 The City Purchasing Division of the Finance Department sent out Requests For Proposal packages to eleven (II) companies; two responded - Clean Harbors and Curbside Inc. An evaluation committee reviewed the proposals and interviewed both companies. The evaluation documents are available for review at the Finance Department. The HHW program provides Chula Vista residents with several proper disposal options for HHW and toxic materials such as - electronics, household batteries, and fluorescent lamps. The costs for this program are based upon the number of residents to use the program in any of the given program options. In an effort to assist the City of Chula Vista and our partner jurisdictions in cost containment, Clean Harbors has quoted their pricing as fixed for the two-year term of the agreement; each one-year contract extension (total of three [3]) includes a negotiated escalation in pricing not to exceed 2%. Based upon current participation trends, the contract is estimated to be worth approximately $240,000 annually. This number is only an estimate and may be higher or lower depending on the number of residents that participate in proper disposal practices for HHW materials. Clean Harbors embraces the waste reduction hierarchy of reduce, reuse, recycle, then incineration and landfilling. The company is developing a hazardous waste management program that will "be effective in recycling or reusing more than 65% of all the waste that is collected. "Materials that are recycled include latex paint, motor oil, oil filters, antifreeze, lead-acid batteries, high intensity discharge lights, mercury, nickel-cadmium batteries, lithium batteries, e-waste and fluorescent lights. As new technologies and lor recycling markets develop for other materials the list will be expanded. 10-2 7/17/07, Item~ Page 3 of5 Permanent Drop-off Facility The permanent household hazardous waste drop-off facility, located the Public Works Yard, 1800 Maxwell Road, Chula Vista, CA 91911, will be open every Saturday from 9 am to 1 pm with the exception of Thanksgiving Weekend, Christmas Weekend and New Year's Weekend. The new agreement has reduced the number of holidays observed to be more convenient for residents that use their holiday weekends to clean up their homes. Residents may bring 15 gallons or 125 pounds of HHW materials to the facility per trip. Load limitations are based on regulations for transporting HHW by the California Department of Transportation. The City's cost for this service will be $67.00 per car as described above; and $62.00 per additional loads up to 15 gallon or 125 pounds. Door-to-Door Collection Additionally, the contract provides door-to-door collection of HHW for Seniors and Disabled Citizens who cannot bring their materials to the drop-off facility. A targeted outreach program will be developed and implemented to make certain these residents know this service is available. The load quantities are limited to 12 gallons or 100 pounds. The resident will call to schedule a collection day. Clean Harbors will ship them an HHW Kit in advance of the collection date. Included with the Kit are instructions in English and Spanish, labels for common chemicals, a bag to contain the items, and one-way ties to secure the bag. Residents will then place the Kit at their door, in front of their garage, or behind their gate where it will be accessible on the designated date. Clean Harbors will arrive between the hours of 8 am and 5 pm to collect the prepared kit. Clean Harbors will deliver the materials to the permanent drop-off facility for packing and shipment to treatment/disposal facilities. For residents who cannot physically prepare their materials, Clean Harbors can prepare their kit for them. The resident only needs to tell the City representative they are unable to do the packing themselves when they call to make the appointment. The City's cost for this service will be $77.00 per load as described above, per household served. Additional loads of up to 12 gallon or 100 pound loads will cost $60.00 per load. Co-payments Residents will be required to pay a co-payment of $5.00 at the drop-off facility and $10.00 for door-to- door service. Clean Harbors will collect the co-payments and apply the payments to the "per vehicle" ($67.00) or "per residence" ($77.00) collection cost, billing the city for the remaining balance. The intent of the nominal co-payment is not to cover the cost of the providing the service but rather to make the point that the proper disposal of hazardous and toxic materials is expensive and hopefully will encourage residents to look for less toxic alternatives whenever they are available, thus reducing the negative impacts to the environment.. Special Collection Events The agreement includes pricing for four (4) special collection events per year for electronics, household batteries, and fluorescent lamps. The goal is to site these events in the north, south, east and west of the City to provide access to a greater number of residents to encourage proper disposal of these materials. Dates and locations for these events are pending. Pricing for these events will be based upon the number of attendees and the volumes and types of materials collected. Pricing is detailed within the contract. Conditionally Exempt Small Qnantity Generator (CESQG) Program A Conditionally Exempt Small Quantity Generator (CESQG) is a small business that generates no more than 220 pounds of hazardous waste per month. Clean Harbors will work with the City to develop and implement a CESQG Program that will include initial planning, public outreach, business assistance information, hazardous waste technical assistance and collection/acceptance of materials for proper disposal. Businesses will not be required to use Clean Harbors, Inc for this service and may contract with another qualified company. However, businesses will find this program convenient and easy to use. This program will be conducted on an appointment basis, weekdays from 8:00 am to 4:00 pm. Each CESQG, 10-3 7/17/07, Item~ Page 4 of 5 not the City, will be billed for the full cost of this service (acceptance/collection, lab packing, transportation and disposal) based upon the types and quantity of materials they generate. Those that cannot afford the costs associated with lab packing and transporting their own hazardous waste to the collection facility may receive at-the-door pick-up service from Clean Harbors. The CESQG will be charged for the pick up service in addition to the cost for acceptance, lab packing, transportation and disposal. Disposal costs vary with the types of hazardous materials the CESQG generates. Acceptable and Unacceptable Waste (as described in the Clean Harbors Proposal) Acceptable Waste Clean Harbors is permitted and able to handle most of the waste received at household hazardous waste collection programs. Acceptable wastes include: . Flammable, ignitable, and combustible materials. Examples include gasoline, kerosene, paint thinners, solvent-based paints, fUrniture strippers, stains, and finishes, some waxes and polishes. . Corrosive materials. Examples include inorganic acids such as sulfUric and muriatic acids, organic acids used in some cleaning solutions, caustics such as drain openers and rust or tarnish removers. . Oxidizing materials. Examples include dry swimming pool chlorine, some nitrate based fertilizers. . Reactive materials. Examples include cyanides, sulfides, and air or water reactive materials such as metallic sodium or lithium. Although not common in current consumer products, HHW collections routinely bring in items 10-50 years old, which may include these materials. . Toxic materials. Examples include pesticides, fUngicides, rodenticides, herbicides, moldicides, etc. . Chlorinated solvents. Examples include dry cleaning solvents, old "teardrop" hanging fire extinguishers, some wood and paint strippers, some wood finishes, waxes or polishes. . Aerosol cans. These may include materials in the categories listed above. It is stressed for the safety of everyone involved that all materials are known and properly labeled. Wastes that are not in their original containers will be accepted as "known" wastes provided they are labeled. Unknown wastes, if acceptable, will be field tested and packaged by DOT class and compatibility. Unacceptable Waste Clean Harbors reserves the right to refUse any waste deemed unsafe to handle or unsuitable for collection. Clean Harbors does not routinely accept the following materials, which are not common at household hazardous waste collection programs. However, we are able to handle them on a case- by-case basis at an additional charge. . Radioactive materials. Materials that exhibit measurable activity above regulatory thresholds and scintillation fluids, unless these fluids have an activity level less than 0.05 microcuries per gram and exhibit an EP A waste characteristic such as ignitability. This includes smoke detectors. . Explosive or potentially shock sensitive materials. Clean Harbors strongly recommends that program sponsors advertise that explosive and shock sensitive materials will not be accepted. This is primarily a public safety and liability control measure. We believe that it is not a good idea for a citizen to place an explosive or shock sensitive material in their car, drive unescorted through traffic over public roads, and come to a possibly crowded event. Instead, local public safety officials should be prepared to go to the citizen's home and collect the material for safe detonation or other management. The local fire department may be available to handle any 10-4 7/17/07, Item--1O..- Page 5 of 5 potentially explosive or shock sensitive materials that do arrive at the col/ection location. Clean Harbors does offer disposal of these materials (including explosive classes A, B, and C, and detonators) if necessary, however costs are significantly higher than working with a local agency. . Compressed gas cylinders. Unlike aerosol cans, compressed gas cylinders require shipment to specialized disposal facilities able to depressurize the cylinder and treat or dispose of the contents. Clean Harbors can handle many types of cylinders, including propane, oxygen, acetylene and helium, if received from HHW participants. . Biological, etiologic, and infectious materials. Viable organisms, human and animal tissues, and bodily fluids such as colostomy bags are not accepted by Clean Harbors. . Dioxin or materials containing Dioxin. There is no EPA approved disposal outlet in the United States for these wastes at this time. We can make arrangements for disposal of dioxins in Canada. . Large quantities of unknown materials . Substances regulated by the Drug Enforcement Agency . If the above listed unacceptable wastes are unintentionally received, Clean Harbors will work with the City to provide safe disposal of the materials. Our proposal does not include pricing for handling these wastes. Pricing will be provided as needed on a case by-case basis. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section I 8704.2(a)(I) is not applicable to this decision. FISCAL IMP ACT The costs of this program are paid through the AB 939 fees collected as part of the solid waste service rates. Currently, this program is not fully funded due to increased participation by residents, thus impacting the General Fund. As previously approved by Council, staff is working through the Public Protest Process required under Prop 218 to raise the AB 939 fees to ensure full funding of HHW and other waste diversion and recycling programs. The Department of General Services estimates a shortfall of about $30,000 for HHW disposal costs in FY 2006-07. This amount is anticipated to increase by 2% in FY 2007-08 based on population growth and anticipated increased participation. The total FY 2006-07 contract cost was $240,000. ATTACHMENTS Clean Harbors Environmental Services Agreement Prepared by: Lynn France, Conservation Coordinator, General Services Department M:\General Services\GS Administration\Council Agenda\Environmental\Clean Harbors agmt 6-19-07rev.doc 10-5 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC FOR TURN-KEY HOUSEHOLD HAZARDOUS WASTE AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE MANAGEMENT SERVICES WHEREAS, the City of Chula Vista is the lead agency in the South Bay Regional Household Hazardous Waste [HHW] Program, which is a partnership between the cities of Chula Vista, Imperial Beach, and National City; and WHEREAS, Chula Vista staff is also working on a use agreement with the City and County of San Diego, with each jurisdiction paying for their residents' participation in this program; and WHEREAS, the Household Hazardous Waste Program is one element of the City of Chula Vista's Waste Diversion and Recycling Plan designed to reduce the amount of waste being disposed of at the landfills; and WHEREAS, in April 2007, the City released a Request for Proposal [RFP] to provide HHW and Conditionally Exempt Small Quantity Generator [CESQG] Waste Management Services; and WHEREAS, the Evaluation Committee selected Clean Harbors Environmental Services, Inc. [Clean Harbors] as the current contractor, and Clean Harbors could continue to provide HHW services from July 1, 2007, to June 30, 2012; and WHEREAS, Clean Harbors has agreed to an extension of the previous contract until July 31, 2007, while negotiations are completed for the new agreement. NOW, THEREFORE, BE IT RESOLVED the City Council of the City Of Chula Vista does hereby approve an agreement between the City of Chula Vista and Clean Harbors Environmental Services, Inc. for Tum-Key Household Hazardous Waste and Conditionally Exempt Small Quantity Generator Waste Management Services from July 1, 2007, through June 30, 2009, and three (3), one-year extensions through June 30, 2010. 10-6 Resolution No. 2007- Page 2 BE IT FURTHER RESOLVED, that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement on behalf of the City ofChula Vista. Presented by Approved as to form by ~~~, Ann Moore City Attorney Jack Griffin Director of Public Works J:\AllomeyIRESQIAGREEMENTS\Clean Harbors Ullrecment_07.I 7-07.doc 10-7 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~1.\.\C1<"\S\~~~ Ann Moore City Attorney Dated: ~,~ \ \ )1_ti:Jl. Agreement between City of Chula Vista And Clean Harbors Environmental Services, Inc. For Turnkey Household Hazardous Waste And Conditionally Exempt Small quantity Generator (CESQG) Hazardous waste Management Services 10-8 AGREEMENT BETWEEN CITY OF CHULA VISTA AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. FOR TURNKEY HOUSEHOLD HAZARDOUS WASTE AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR (CESQG) HAZARDOUS WASTE MANAGEMENT SERVICES This agreement (Agreement) dated July I, 2007, for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph I, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such (City), whose business form is set forth on Exhibit A, Paragraph 2, and the entity indicated on the attached Exhibit A, Paragraph 4, as Contractor, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 (Contractor), and is made with reference to the following facts: RECITALS WHEREAS, Contractor shall provide turnkey, household hazardous waste (ID-IHW) and Conditionally Exempt Small Quantity Generator (CESQG) hazardous waste management services for the City of Chula Vista and the partner agencies of the South Bay Regional Household Hazardous Waste Program (SBHHWP), comprised of Imperial Beach, National City and the City and County of San Diego and/or any other governmental entities identified by the City under this Agreement, but under separate purchase orders; and, WHEREAS, the HHW Management Services shall be for collection, storage, recycling and/or disposal of hazardous waste generated from households and businesses designated as Conditionally Exempt Small Quantity Generators (CESQGs); and, WHEREAS, Contractor warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Contractor to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby mutually agree as follows: I. Contractor's Duties A. General Duties Contractor shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, Page I 10-9 B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Contractor shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Sc6pe of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this Agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Contractor, from time to time reduce the Defined Services to be performed by the Contractor under this Agreement. Upon doing so, City and Contractor agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. All agreements for reductions in the scope of work and compensation shall be in writing. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Contractor to perform additional contracting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Contractor, Contractor shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph lO(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Contractor, in perfonning any Services under this Agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Contractor must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Contractor, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: Page 2 10-10 (I) Insurance Services Office Commercial General Liability coverage (occurrence Form CGOOOI). (2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code I (any auto). (3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Professional Liability or Errors & Omissions Liability insurance appropriate to the Contractor's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Limits ofInsurance Contractor must maintain limits no less than: I. General Liability: (Including operations, products and completed operations, as applicable) 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: 4. Professional Liability or Errors & Omissions Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $1,000,000 each occurrence Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: (1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of automobiles Page 3 10-11 owned, leased, hired or borrowed by or on behalf of the Contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (2) The Contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. (3) The insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (5) Contractor's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (I) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the 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 work. (3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Contractor must purchase "extended reporting" 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 for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Page 4 10-12 Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors Contractors must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors are subject to all of the requirements included in these specifications. G. Security for Performance (I) Performance Bond In the event that Exhibit A, at Paragraph 18, indicates the need for Contractor to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Contractor shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Departroent of Treasury Circular 570, http://www.fins.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph 18. (2) Letter of Credit In the event that Exhibit A, at Paragraph I 8, indicates the need for Contractor to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Contractor shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Contractor is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18. Page 5 10-13 (3) Other Security In the event that Exhibit A, at Paragraph 18, indicates the need for Contractor to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Contractor shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attomey. H. Business License Contractor agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Contractor for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Contractor throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision of these materials beyond thirty (30) days after authorization to proceed, shall constitute a basis for the justifiable delay in the Contractor's performance of this agreement: B. Compensation Upon receipt of a properly prepared billing from Contractor submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Contractor for all services rendered by Contractor according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Contractor for out of pocket expenses as provided in Exhibit A, Paragraph II. All billings submitted by Contractor shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. Page 6 10-14 4. Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assigrunent or Deliverable, the Contractor shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate"). Time extensions for delays beyond the Contractor's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions oftime, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Contractor A. Contractor is Designated as an FPPC Filer If Contractor is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Contractor is deemed to be a "Contractor" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Contractor knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Page 7 10-15 Practices Commission, and has detennined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests Contractor warrants and represents that neither Contractor, nor Contractor's immediate family members, nor Contractor's employees or agents ("Contractor Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. Contractor further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor Associates in connection with Contractor's performance of this Agreement. Contractor promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. Contractor agrees that Contractor Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written pennission of City. Contractor may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Contractor's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Contractor shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Contractor, and Contractor's employees, subcontractors or other persons, agencies or firms for whom Contractor is legally responsible in connection with the execution of the work covered by Page 8 10-16 this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Contractor, its employees, agents or officers, or any third party. With respect to losses arising from Contractor's professional errors or omissions, Contractor shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Contractor's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Contractor's obligations under this Section shall not be limited by any prior or subsequent declaration by the Contractor. Contractor's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers), the following indemnification provisions should be utilized: (I) Indemnification and Hold Harmless Agreement With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Contractor, or Contractor's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Contractor agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Contractor, its employees, agents or officers, or any third party. The Contractor's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Contractor's obligation and duties under Section Exhibit A to this Agreement. (2) Indemnification for Professional Services. As to the Contractor's professional obligation, work or services involving this Project, the Contractor agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Contractor and its agents in the performance of services under this agreement, but this indemnity does not apply liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or Page 9 10-17 defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City. 8. Termination of Agreement for Cause If, through any cause, Contractor shall fail to fulfill in a timely and proper manner Contractor's obligations under this Agreement, or if Contractor shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Contractor shall, at the option of the City, become the property of the City, and Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Contractor's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Contractors' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Contractor shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Contractor of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. I I. Assignability The services of Contractor are personal to the City, and Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subcontractors identified thereat as "Permitted Subcontractors". Page 1 0 10-18 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Contractor in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Contractor shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Contractor's work products. Contractor and any of the Contractor's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Contractor shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Contractor prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Contractor shall include, or cause Page II 10-19 the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Contractor not authorized to Represent City Unless specifically authorized in writing by City, Contractor shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Contractor is Real Estate Broker and/or Salesman [fthe box on Exhibit A, Paragraph 15 is marked, the Contractor and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Contractor represents that neither Contractor, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreernent, and performance hereunder, shall be the City of Chula Vista (End of page. Next page is signature page.) Page 12 10-20 SIGNATURE PAGE TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC FOR TURNKEY HOUSEHOLD HAZARDOUS WASTE AND CESQG WASTE MANAGEMENT SERVICES IN WITNESS WHEREOF, City and Contractor have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: City of Chula Vista By: Cheryl Cox, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ana Moore, City Attorney Clean Harbors Environmental Services, Inc., Contractor Dated: By: /}Jj D,o lei" arne of Person, Title] c/ J1ot"r..J.- ~rr;~"...., 7..5v;? By: [Name of Person, Title] Exhibit List to Agreement (./) Exhibit A. Page 13 10-21 Exhibit A to Agreement between City of Chula Vista and Clean Harbors Environmental Services, Inc 1. Effective Date of Agreement: July 1,2007 2. City-Related Entity (,f)City ofChula Vista, a municipal chartered corporation of the State of California 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 SBHHWP Facility Site Location: 1800 Maxwell Road, Chula Vista, CA 91911 4. Contractor: Clean Harbors Environmental Services, Inc. 9369 Dowdy Drive, Suite H San Diego, CA 92126 5. Business Form of Contractor: ( ) Sole Proprietorship ( ) Partnership (,f) Corporation 6. Place of Business, Telephone and Fax Number of Contractor: 9369 Dowdy Drive, Suite H San Diego, California 92126 Voice Phone: 858547-3131 Fax Phone: 858 547-3146 7. General Duties: Contractor shall provide the City of Chula Vista and Cities of Imperial Beach, National City, and the City and County of San Diego and/or any other governmental entities identified by the City under this Agreement, full service, turnkey household hazardous waste and CESQG hazardous waste management services. Page 14 10-22 8. Scope of Work and Schedule: A. Detailed Scope of Work: General The SBHHWP facility shall be open every Saturday, except for Saturdays prior to or immediately following after Thanksgiving, Christmas and New Year's. Operating hours shall be 9:00 am to I :00 pm, although hours may be extended to 3:00 pm upon mutual agreement between the City and Contractor. Conditionally Exempt Small Quantity Generators (CESQGs) shall be served on an appointment only basis, as needed. Hours and days of operation may be changed or extended by mutual agreement of the City and Contractor when deemed beneficial to the community being served and will be acknowledged in writing. Contractor shall be available to provide four (4) one-day electronic and universal waste collection events to be held on a Saturday or Sunday, one in each compass point of the City (north, south, east and west); dates and locations to be designated by the City. The Program goals are to reflect the waste disposal hierarchy established by the State in its programs. This hierarchy calls for source reduction and reuse, recycling and reclamation whenever possible. Environmentally sound incineration and hazardous waste landfill disposal are considered the least desirable options. It is most desirable to recycle, process, treat, minimize, and consolidate as much waste as is possible prior to shipment for final disposal. Recycling and beneficial reuse (energy recovery), and treatments are preferred methods of disposal because they are less likely to result in long-term liability for the City. The following generally describes minimum Program activities the Contractor is to provide: . Provide the necessary labor, materials and equipment to legally operate the SBHHWP facility (SBHHWPF), temporary household electronic and universal waste collection events (four per year), and door-to-door household hazardous waste collection. Generally these services include collecting, packaging, transportation, recycling, treatment and/or disposal, labor and other materials necessary. . Select the appropriate treatment, recycling, storage and disposal sites for all hazardous materials collected at the facility or events using the best environmentally sound methods of waste processing hierarchy to include source reduction and reuse, recycling, reclamation, incineration (energy recovery) with landfilling as the least desirable option. All sites shall be fully permitted. Contractor shall be responsible for providing transportation of all materials collected to the appropriate facility and from that facility to any secondary management facilities as required. . Manifest, load and transport all conforming hazardous materials collected at the SBHHWPF, temporary collection and door-to-door collection events, including CESQG generated wastes. Contractor shall perform these services in full compliance with all applicable federal, state and local laws, rules, regulations, including local enforcement agencies for traffic control and orders of all regulatory agencies. . Provide one trained, qualified and dedicated Project Manager to the program for technical assistance, support and to oversee all routine operational tasks. The Project Manager or Page 15 10-23 an equally qualified staff member will be on-site at the SBHHWPF to assist and oversee proper hazardous waste packaging and shipments. . Provide a qualified HHW customer service specialist to respond to all program inquires within one business day. Customer service support will be accessible through Contractor's toll-free telephone number. Basic call data will be logged and provided to City in City approved format. . Provide a qualified Customer Service Representative to the program for all contractual and waste tracking tasks and completion and submittal of all required reports to federal, state and local agencies during normal business hours. . Provide cities with the following items no later than forty-five (45) days after special collection events: copies of all manifests, and invoices for payment to respective jurisdictions along with an itemized listing of car counts by jurisdiction. . Prepare and update all reporting documents required by federal, state and local agencies such as Form 303, facility operations with a contingency plan subject to City approval, as well as an emergency response plan in the case of accidental release or fire of hazardous materials, subject to review and approval by local fire marshals for said facilities. . Contractor agrees to provide staff services to transfer applicable permits for the City . Program promotions - Provide outreach services to residents at least once a year and CESQGs twice a year to each jurisdiction served by the Program. Outreach includes but is not limited to methods such as direct mail, waste bill inserts, etc. . On-going Project Management meetings with City staff Soecific Services for Door-lo-Door Collection Prol!ram . Program Administration . Hotline services for the program . Itemized list of materials to be collected . Professional, knowledgeable, and friendly staff . Assistance with creative and media materials . Permit preparation and submittal . Service completed within 10 days of initial request (phone call or email) . Emergency pickup service available on a case by case basis, under City direction . Inclusion of educational materials for proper packaging and limit requirements of 12 gallons or 100 pounds. . Co-pay collection and tracking of participants by jurisdiction with receipts provided to each resident or CESQG. . Assistance for all disabled and elderly participants who require additional help in gathering and packing materials. Residents must be at home at the time of collection . On-site inventory, collection, segregation and packaging of door-to-door collection box prior to leaving residents home, completed by a trained chemist and/or technician . Contractor to prepare an emergency response plan for door-to-door collection program subject for review and approval by local fire marshals . Compliance with Health and Safety Standards per OSHA 1910.120 Page 16 10-24 . Manifest Preparation - to include Land Disposal Restriction (LOR), Bill of Lading, and Treatment Storage Disposal Facility (TSDF) and any other regulatory documentation as required. . Same-day transportation of all materials to Permanent Site for consolidation and packaging . Reporting to respective city to include: name of resident, date of pick-up and complete breakdown of pounds and/or gallons of material collected by class . Additional reporting to City pertaining to collection, quantification, processing and transportation of materials, required California Integrated Waste Management Board paperwork and forms . Waste Survey and Customer Satisfaction Program SDecific Services for the Permanent Facility and One-Dav Collection Events . Setup and breakdown . Professional knowledgeable and friendly staff . Supplies and equipment . Waste collection, transportation, recycling and disposal . Segregation and packaging . Timely reporting and invoicing, including Form 303 reporting . Survey collection . Co-pay collection and tracking (receipts for customers) . Materials exchange program to promote reuse of products, such as latex paint, oil- based paint, cleaning solutions, car wax, and oil if delivered in their original containers with all labeling intact. . Prepare a facility operations and contingency plan subject to City approval, and prepare an emergency response plan in case of a release or fire of hazardous materials, subject to review and approval by local fire marshals for said facilities . Permit preparation and submittal . Compliance with Health and Safety Standards per OSHA 1910.120 . Manifest Preparation - to include Land Disposal Restriction (LOR), Bill of Lading, and Treatment Storage Disposal Facility (TSDF) and any other regulatory documentation as required. . Safety meeting with facility/event staff prior to each scheduled collection event . Safety equipment (eye wash, fire extinguisher, etc) . On-going Project Management Meetings B. Date for Commencement of Contractor Services: (V")Same as Effective Date of Agreement ( ) Other: C. Date for completion of all Contractor services: This contract is for two (2) years beginning on July 1, 2007 and expires on June 30, 2009 unless renewed by the City. The City may exercise three (3), one (1) year extensions at the City's sole discretion. The Contactor shall request authorization of each one (1) year extension in writing 60 days prior to end of the contract term. Page 17 10-25 9. Materials Required to be Supplied by City to Contractor: None, in addition to those required to provide the service detailed in the scope of work and. to maintain compliance with all applicable laws and regulations. 10. Compensation A. 0 erate SBHHWPF Per car rate for labor, material, tax recovery fee, disposal* and trans rtation Rate Unit $ 67.00 Additional material charge B. Door-to-Door Services Hotline Service (0 tional) Per resident rate for labor material, tax recovery fee, disposal* and trans rtation Additional material charge Rate Unit $530.00 $77.00 Per month Per residence not to exceed 12 gallons or 100 pounds For every 12 gallons or 100 pounds beyond the initial per resident rate $60.00 'Disposal rate is for acceptable hazardous waste less e-waste and sharps D. Universal/ E-waste Rate Unit Collection Events Mobilization and Labor o to 100 vehicles $3712.00 Each event 200 vehicles $4528.00 Each event 300 vehicles $5676.00 Each event 400 vehicles $6297.00 Each event 500 vehicles $7205.00 Each event 600 vehicles $7670.00 Each event 700 1000 vehicles $10448.00 Each event 1001 + vehicles $13545.00 Each event Event Material TransDortation and DisDosal Rate Unit e-waste, CRTs No charge e-waste, Misc. No charge CFL 1 Mercury Bulbs for $1.10 Pound - min. $55 per shipment reclamation CFL2 Misc. Mercury bulbs for $3.50 Pound - min. $55 per shipment reclamation CFL4 Misc. Mercury bulbs for $6.50 Pound - min. $55 per shipment reclamation CFL6 UV Lamps for reclamation $21.00 Pound - min. $55 ner shioment Page 18 10-26 CFL8 Compact fluorescent lamps for reclamation LBD mixed batteries for reclamation LBR Reactive Lithium batteries LCCRQ Lab Packed aerosols for incineration LCCRQ Lab packed aerosols for incineration LCHG I Mereu for stabilization LCHGl Mercu for stabilization LCHG3 Mereu batteries LLF Lab ack for landfill LLF lab ack for landfill $10.00 Pound - min. $55 per shipment $1.10 $10.00 $225.00 Pound min. $65 er ail Pound - min. $165 r ail Per 55 gallon drum $67.50 Per 5 gallon pail Per 55 Ion drum Per 5 allon ail Pound min. $165 r ail Per 55 Ion drum Per 5 allon ail Each option year price escalation to be negotiated annually, not to exceed 2% increase over pervious year pricing. II. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Contractor in the performance of services herein required, City shall pay Contractor at the rates or amounts set forth below: (v")None, the compensation includes all costs. 12. Contract Administrators: City: Lynn France Environmental Services Division General Services Department City of Chula Vista 1800 Maxwell Road Chula Vista, California 91911 619397-6221 direct line 619397-6363 fax Lfrance(a).ci.chula-vista.ca. us Contractor: Kip McBride Clean Harbors Environmental Services, Inc 9369 Dowdy Drive, Suite H San Diego, CA 92126 858 547-3112 Business 858 547-3146 Fax 858583-6120 mobile mcbride.kio(a)cleanharbors.com 13. Liquidated Damages Rate: (,,) Other: N/A Page 19 10-27 14. Statement of Economic Interests, Contractor Reporting Categories, per Conflict of Interest Code: (,,) Not Applicable. Not an FPPC Filer. 15. Contractor is not a Real Estate Broker and/or Salesman 16. Permitted Subcontractors: None 17. Bill Processing: A. Contractor's Billing to be submitted for the following period of time: (,,) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Contractor's Billing: ( ) First of the Month (,,) 15th Day of each Month ( ) End of the Month ( ) Other: 18. Security for Performance (,,) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Contractor sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (-/)Retention Percentage: 10% Retention Release Event: (,,) Completion of All Contractor Services ( ) Other: Page 20 10-28