HomeMy WebLinkAbout1995-11-07; City Council; 13377; ANNUAL CONTRACT FOR REMOVAL OF HAZARDOUS WASTES FROM VARIOUS CITY-OWNED PROPERTIESc
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MTG. 11/7/95 REMOVAL OF HAZARDOUS WASTES FROM CITY
CITV DEPT. PCH
RECOMMENDED ACTION:
ANNUAL CONTRACT FOR TITLE:
VARIOUS CITY-OWNED PROPERTIES
Staff recommends that Council adopt Resolution No. 35-91 7 , accepting the bid of, and a contract to, Asbury Environmental Services of Compton, California, far the identificatia removal and transport of hazardous wastes from various City-owned properties for the
November 15, 1995 through October 14, 1996.
ITEM EXPLANATION:
Hazardous wastes generated by City departments and collected or obtained through law en
and illegal dumping activities are stored in an approved facility at the Fleet Maintenance fac sites where hazardous wastes are found include the Safety Center and the City Yard. In CI
with federal, state and county regulations, all such hazardous wastes must be removed
property and disposed of on a ninety-day cycle by a licensed hazardous waste manageme
organization. Since City staff do not have the required training and licenses, transport and c
hazardous waste has been provided by contractors. The present contract for hazard(
disposal has expired.
In accordance with Section 3.28.120 of the Municipal Code, Notice to Bidders was pub1
Requests for bid was made of seven potential contractors. Five bids were received and ev,
staff based on the average generation during last fiscal year. Rased on staff’s evaluation,
responsive, responsible bid was submitted by Asbury Environmental Services of Compton,
FISCAL IMPACT:
The estimated annual amount of this contract is $35,000. There are sufficient funds in the Ri
Maintenance Hazardous Waste Disposal Account to cover disposal of wastes. Since this fr
of the Central Garage lntemal Service Fund, those hazardous wastes generated by departm
than the Central Garage will be covered by this annual contract with the costs being chargc
the user department.
EXHIBITS:
1. Resolution No. 95 -3, ‘1 with contract attached.
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RESOLUTION NO. 95-317
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ACCEPTING A BID AND AUTHORIZING
THE EXECUTION OF A CONTRACT FOR REMOVAL OF
HAZARDOUS WASTE
NOW THEREFORE, be it resolved by the City (Council of the City of Carlsbac
as follows:
1. That the bid of Asbury Environmental Services, 2100 North Alaml
Compton CA 90222, is hereby accepted and the Purchasing Officer is hereby ai
execute a purchase order for the acquisition of hazardous waste removal services fo
of November 15, 1995 through October 14, 1996, which may be renewed by the CI
for three additional one (1) year periods, with revised contract prices to be set i
agreement.
2. That the Mayor of the City of Carlsbad is hereby authorized and directec
a contract, a copy of which is attached hereto, for andl on behalf of the City of Carl
PASSED, APPROVED AND ADOPTED by the City Council of the City of
a regular meeting held on the 7th day of NOVEMBER , 1995, by the follov
wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None hi ABSENT: None
ATTEST:
(SEAL)
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REMOVAL OF HAZARDOUS WASTE
THIS AGREEMENT, made and entered into this 17th day of NOVEMBER , 1995, by
between the CITY OF CARLSBAD, California, a municipal corporation, hereinafter referred 1
"City, and ASBURY ENVIRONMENTAL SERVICES hereinafter referred to as "Contractor".
WITNESSETH
WHEREAS, the City of Cartsbad does find that the proposal tendered be the Contract1
removal of hazardous waste, including the furnishing of all labor, services, materials and equipr
was a responsible proposal and of high standards;
WHEREAS, the City of Carisbad does further find and determine that it would be in the
interest of the City that said proposal be accepted and the contract be awarded to the Conk
NOW, THEREFORE, for and in consideration of the mutual covenants and promises c
parties hereto and upon the express terms and conditions hereinafter set forth, it is agreed b!
between them, and with each other, as follows:
1. This agreement shall consist of and indude the following documents attached hc
as Exhibits A, B, C and 0, and incorporated by reference herein:
A. Bid Proposal
B. Client Listing
C, Statement of Financial Responsibility
0. List of Waste Disposal Sites
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All agreement documents are intended to compliment each other so that even if any
is not mentioned in the other, each document is to ,be executed the same as if referenced ii
contract documents.
2. The said Contractor agrees to furnish all tools, equipment, apparatus, facili
labor, services and materials to remom hazardous material on a quarterly basis according tc
proposal submitted and accepted as in all agreement documents hereinabove referred.
understood and agreed that all said labor, services, materials and equipment shall be furnis
and said work performed and completed by the Contractor as an independent Contra(
subject to the inspection and approval of the City acting through its Assk
Utilities/Maintenance Director or designated representative. The Contractor shall assume all I
for loss of or damage of tools or equipment ownedhented by the Contractor.
3. The Contractor, prior to commencing work under this agreement, shall provic
the Fleet Superintendent and have accepted and approved, a listing of all materials that wi
used. With this listing will be a legible copy of the Material Safety Data Sheet (MSDS) for c
product that requires a MSDS. The listing must be corrected with revised MSDS, as appropr
and submitted to the Fleet Superintendent for acceptance and approval prior to a material b
changed.
4. The Contractor shall provide the City of Carlsbad with appropriate hazardous vu
manifests for materials that are removed and show chain of custody to the final destinatioi
The Contractor shall obtain and pay for a City of Carlsbad business license a
time of signing of this Contract. The business license must be maintained for the duration o
Cant rad.
5.
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6. The Contractor shall comply with all Federal, State, County, and City Statu
Ordinances and Regulations, including Workers’ Compensation and immigration Reforms Cor
Act of 1986,
7. Contractor’s employees shall be required to be clean and neat in appearance
wear identification. Ccntractor will be required to submit verification that employees have
right to work in the United States. Contractor shall perform all obligations in a good professic
and lawful manner, provide competent and sober personnel, efficient and clean equipment,
service the City in courteous, helpful and impartial manner. The Contractor shall remove an
its employees for justifiable cause upon the request of the City.
8. The Contractor agrees to commence the work provided herein immediately u
the completion of the execution of this agreement and the delivery to Contractor of an execi
copy thereof and to continue in a diligent worker-like manner and without interruption.
agreement shall extend for a period of one (1) year from the date hereof. The City Manager I
extend this contract for three (3) additional one (1) year periods for a total contract period of
(4) years, upon satisfactory performance.
9. On the annual anniversary date of this agreement, upon written request by
contractor and approval by the Fleet Superintendent, the total annual contract sum shal
subject to change in accordance with the Consumer Price Index, San Diego, as published bl
U.S Department of Labor, based on one-half of the percentage change in the index from Jan
1st of each year of the contract.
10. Insurance. Contractor shall procure and maintain for the duration of the con
insurance against claims for injuries to persons or damage to property which may arise fro1
in connection with the performance of the work hereunder by the Contractor, his agc
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representatives, employees or subcontractors. Said insurance shall meet the City's policy
insurance as stated in Resolution No. 91-403.
(A) COVERAGES AND UMlTS - Contractor shall maintain the types of coverages
minimum limits indicated herein:
1. Comprehensive General Liabi1.W Insurance:
$1,000,000 combined single limit per occurrence for bodily injury and prop
damage, If the policy has an aggregate limit, a separate aggregate in
amounts specified shall be established for the risks for which the City o
agents, officer or employees are additional insured.
2. Automobile Liabil'W Insurance:
$1,000,000 combined single limit per accident for bodily injury and pro[
damage. In addition, the auto policy must cover anv vehicle used ir
performance of the contract, used onsite or offsite, whether owned, non-ov
or hired, and whether scheduled or non-scheduled. The auto insurance certif
must state the coverage is for 'any auto" and cannot be limited in any man
Workers Compensation and Empiovers' LiabilitV Insurance:
Workers' Compensation limits as required by the Labor Code of the St2
California and Employers' Liability limits of $1,000,000 per incident. Wo
compensation offered by the State Compensation Insurance Fund is acceF
to the City.
3.
4. Hazardous Waste Haulers Insurance:
$1,000,000 combined single limit per occurrence for bodily injury and prc
damage. If the policy has an aggregate limit, a separate aggregate in the ar
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specified shall be established for the risks for which the City or its agents, offici
or employees are additional insured.
ADDITIONAL PROVISIONS-Contractor shall ensure that the policies of insurar
required under this agreement contain, or are endorsed to contain, the following provisic
General Liability, Automobile Liability and Hazardous Waste Hauiers Coverages:
(6)
1. The City, its officials, employees and volunteers are to be covered as additic
insured as respects: liability arising out of activities performed by or on beha
the Contractor; products and completed operations of the contractor; premi
owned, leased, hired or borrowed by the contractor. The coverage shall cor
no special limitations on the scope of protection afforded to the City, its offic
employees or volunteers.
The Contractor's insurance coverage shall be primary insurance as respects 2.
City, its officials, employees and volunteers. Any insurance or self-insun
maintained by the City, its officials, employees or volunteers shall be in exce:
the contractor's insurance and shall not contribute with it.
Any failure to comply with reporting provisions of the policies shall not E
coverage provided to the City, its officials, employees, or volunteers.
Coverage shall state that the contractor's insurance shall apply separately, to
insured against whom claim is made or suit is brought, except with respect t
limits of the insurer's liability.
Contractor' insurance policies shall be endorsed to provide the City thirty
notice of cancellation.
Indemnification. Contractor shall assume the defense of, pay all expens
defense, and indemnify and hold harmless the City, and its officen
3.
4.
5.
11.
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employees, from all claims, loss, damage, injury and liability of everykind, natr
and description, dirgctly or indirectly arising from or in conneelion with I
performance of the Contractor or work; or from any failure or alleged failure
Contractor to comply with any applicable law, rules or regulations including thc
relating to safety and health; except for loss or damage which was caused so
by the active negligence of the City; and from any and all claims, loss, damas
injury and liability, howsoever the same may be caused, resulting directly
indirectly from the nature of the work covered by the Contract, unless the 10s:
damage was caused solely by the active negligence of the City. The expen
of defense include all costs and expenses including attorneys fees for litigat
arbitration, or other dispute resolution method.
This agreement may be terminated by either party by giving thirty (30) di
wriien notice to the other, and this agreement shall terminate forthwith thirty (30) days follo\n
the date such notice is given.
12.
13. In the event that any of the provisions of this agreement are violated by
Contractor, the Crty may terminate the agrbement by serving written notice upon the Contra
of its intention to terminate such agreement and, unless within ten (1 0) days after the servic
such notice violation shall cease, the agreement shall, upon the expiration of said ten (10) d
cease and terminate. As to violations of the provisions of this agreement which canno
remedied or corrected within ten (1 0) days, said agreement shall, at the option of the Clty, cc
and terminate upon the giving of such notice. In the event of any such termination for any c
reasons above mentioned, the City may take over the work in progress and prosecute the s
to completion by agreement or otherwise for the amount and at the expense of the Contra
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14. All performance (which includes services, materials, supplies and equipr
furnished or utilized in the performance of this agreement, and workmanship in the perfom
of services) shall be subject to inspection by the City at all times during the term of
agreement. The Contractor shall provide adequate cooperation to any inspector assigned bl
City to permit the inspector to determine the Contractor's conformity with these specificat
and the adequacy of the services being contractually provided. All inspection by the City :
be make in such a manner as not to unduly interfere with Contractor performance.
b. If any services performed hereunder are not in conformity with
specifications and requirements of this agreement the C'rty shall have the right to requirE
Contractor to perform the services in conformrty with said specifications and requirements i
additional increase in total contractual amount. When the services to be performed are of :
nature that the difference cannot be corrected, the City shall have the right to (1) requirc
Contractor immediately to take all necessary steps to ensure future performance of the sen
in conformity with requirements of the agreement and (2) reduce the contractual price to re
the reduced value of the services performed, In the event the Contractor fails to perform
services promptly or to take necessary steps to ensure future performance of the servic
conformrty with the specifications and requirement of the agreement, the City shall have the
either (1) by agreement or otherwise to have the services performed in conformrty witt
agreement specifications and charge to the contractor any cost occasioned to the City tt
directly related to the performance of such services, or (2) terminate this agreement for de
The Contractor shall perform the services provided for herein in Contractor's
way as an independent Contractor and in pursuit of Contractor's independent calling, an(
as an employee of City. Contractor shall be under control of the City only as to the result 1
accomplished but shall consult with the City as provided for in this agreement. The Contr;
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is an independent Contractor of the City. The payment made to the Contractor pursuant to
contract shall be the full and complete compensation to which Contractor is entitled pursuar
this contract. The City shall not make any federal or state tax withholding on behatf of
contractor. The City shall not be required to pay any workers’ compensation insurance on be
of the Contractor. The Contractor cgrees to indemnify the City for any tax or retiren
contribution payment which the City may be required to make on behalf of Contractor or
employee of Contractor for work done under this agreement. The Contractor shall be awai
the requirements of the Immigration Reform and Control Act of 1986 (8 U.S.C. Sec. 1101-1!
and shall comply with those requirements, including, but not limited to verifying the eligibilit
employment of all agents, employees, subcontractors, and consultants that are included in
agreement.
16. Except for the manufacturers’ factory warranties, the Contractor disclaim
warranties with respect to materials supplied hereunder and further disclaims any and all lial
for failure to perform or delay in performance hereunder where the same is due in whole I
part to any cause beyond Contractor‘s reasonable control, such as, but not limited to, fire, flc
earthquake, lightning, strike or other labor difficulty.
17. This agreement or any part thereof shall not be assigned by Contractor wit
prior wriien consent of City.
18. This agreement may be amended or modified only by written agreement si<
by both parties, and failure on the part of either party to enforce any provision of this agree1
shall not be construed as a waiver of the right to compel enforcement of such provisia
provisions.
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19. Fees shall be paid the Contractor according to information detailed in the propc
in Exhibit A. Payment of fees shall be with thirty (30) days after receipt of invoice for semi
from Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in the day
year first above wriien.
CONTRACTOR
Title SALES/MARKETING DIR
BY /$k/L
Ttle--
ATTEST:
i
tant City Clerk
I'
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
irQllBi /1*/7~95.
Deputy City Attorney
9
e EXHIBIT A
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REQUEST FOR BID
August 24, 1995
BID NO, 1 Bid Opening: September 14, 199;
11 :00 A.M
FOR: ANNUAL CONTRACT FOR REMOVAL OF HAZARDOUS WASTE
The City of Carlsbad is requesting bids for the removal of hazardous waste generated by variou
City departments.
A sample of the agreement to be executed is attached. Please pay special attention to thc
insurance requirements. A notarized affidavit to be executed by bidder and submitted with bid
will acknowledge willingness to obtain the insurance required by the City.
Submission of a signed bid will acknowledge approval of the attached agreement as written an(
your intent to sign same if you are awarded the contract.
A list of clients must be included with your bid along with a statement of Financial ResponsibilitT
and a list of Waste GeaeFittion Sites.
If you have questions concerning the specifications please contact Larry Willey: (61 9) 931 -2192
This is an annual contract for the period from October 1, 1995 through September 30, 1996. Thl
contract may be extenoed for three (3) additional one (1) year periods upon satisfactor
performance.
Will the successful bidder agree to hold the prices firm through the initial contract perioc
(October 1 , 1995 - September 30, 199Sj?
@.CJl,b
. xx
Yes no
OPTION TO RENEW
The City may desire to exercise an option to renew the Agreement for three (3) additional onc
(1) year periods. The City proposes that such renewal be contingent on a mutual agreemer
between the City and the successful bidder herein, such agreement to be confirmed sixty (6C
days prior to the termination of the Contract period. Either the City or the bidder may at that timc
THE CITY ENCOURAGED ME PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES.
1200 Carisbad Village Drive - Carlsbad, CA 92008-1 989 (61 9) 434-2803 FAX (61 9) 434-1 '
m n
decline to confirm the renewal of the contract, for any reason whatsoever, and such declinat
would render the renewal option null and void.
Would the bidder accept an option to renew, subject to the above stated wnditiw?
xx
Yes no
PUBLIC AGENCY CLAUSE
It is intended that any other public agency located in San Diego County shall have the optio
participate in any award made as a result of this solicitation. The City of Carlsbad shall incui
financial responsibility in comestion with a purchase by another public agency. The pu
agency shall accept sole responsibility for placing orders or payments to the vendor. Option s
not be considered in the bid evaluation. Indicate below whether said option is or is not gram
xx - Yes no
READ THE ATTACHED GENERAL PROVISIONS CAREFULLY: THEY ARE A PART OF YOUR E
The Representation and Certification page must be completed and returned with this bid.
The following addenda have been noted and attached hereto:
Firm ASBURY EWIRONMENTAL SERVICES NET 30 DAYS Terms:
Address 2100 N. ALAMEDA STREET
City COMPTON, CA 90222
GUARANTEE OF GOOD FAITH State, zip REQUIRED: $NONE (FAILURE
TO SUBMIT GUARANTEE OF Signature
GOOD FAITH WILL VOID THE BID. Printed Name STEVE BAEH,E
SEE PARAGRAPH 3, GENERAL
PROVl SIONS.) Telephone No. 310-836-3400
J TA 90777
FAX 310 - 76'3 - 5977 Date ~,II?,IQ~ (q>&?w/ -
Ae&f &/ /LC. S<C#
pa\
THE Clpl ENCOURAGED THE PARTICIPATION OF MINORIN AND WOMEN-OWNED INESSES.
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REQUEST FOR BIDS
FROM THE CITY OF CARLSBAB
ANNUAL CONTRACT FOR REMOVAL OF HAZARDOUS WASTE
PURPOSE
This bid is for the removal on a routine basis hazardous waste generated by various i
departments. It is also to provide a means for the removal of hazardous and toxic wi
which might inadvertently appear due to the illegal dumping or from actions assock
with the Police or the Fire Department. Also, to remove upon request of the F
Superintendent household hazardous waste left illegally at the City’s used oil drop-off
at the Safety Center.
Should the need arise, the City of Carlsbad will require that a licensed hazardous wi
transporter report to a designated site in the case of emergency to remove unknc
hazardous wastes.
POLICY
It is the policy of the City of Carlsbad to be in compliance with all Federal, County
State regulations regarding the removal and storage of hazardous waste. As such, it
be required for the routine removal on a ninety day cycle, hazardous waste items wt
are generated by City departments associated with accomplishing their assigned tal
Also to remove hazardous waste left illegally at the City’s used oil drop off site.
SECTION I
1. The lump sum for the annual removal of the liquids in the API separator at
Safety Center, 2490 Impala Drive is $ 1 y 300.00
a.
b.
c.
d.
State the annual lump sum cost for qualification of the waste stream from the
separator is $ 0
State Yes or No if this qualification fee will be required for each emptying ol
API separator: NO
Any conditions apply? PER ASSUMPTIONS IN #I
Assume the waste stream has been qualified.
Assume the volume is 1500 gallons and there are no solids.
Assume that MSDS sheets are available for all chemicals which might e
into the floor drain system which flows into the API separator.
Assume liquids are recyclable at DeMenno/Kerdon.
2.
3.
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4. State the annual lump sum cost for removal of the liquids from the 1,000 gal sand and grease separator at the Service Center. $ 700.00
separator $ 0
5. State the qualification fee for the waste stream derived from the sand and gre
State Yes or No whether this qualification fee will be required for each clear
of the sand and grease separator
State the lump sum cost for the removal of solids which might accumulate in
6.
NO
7.
sand and grease separator $ 275.00
a.
b.
Assume that solids are 10% of the 1,000 gallon sand and grease separz
Assume that no MSDS sheets are available for materials in the sump (
that these materials will contain petroleum by-products associated with
steam cleaning of automotive engines.
8. State the lump sum cost of removal of each drum of wastes generated from
trench of the steam cleam pit and residue from the car wash facility
$-*
a.
b.
c.
Assume the residues from the steam clean trench contain petroleum
products associated with steam cleaning automotive engines.
Assume there are no MSDS sheets available for this material.
Assume the slids from the car wash facility contain some petroleum
products associated with residues which have been washed from vehic
State the lump sum cost for the removal of a solvent-base paint at 405 (
Avenue, either per gallon, or per drum $ 120.00 (per drum) (per gall(
State the lump sum cost for removal of residues from water-borne paints at
Oak Avenue, with per gallon or per drum $ 185.00 (per drum) l
gallon).
State the lump sum cost for the removal of household hazardous waste drop
off by citizens at City facility either per gallon or per drum. $
drum, $ 6.50 per gallon.
a.
b.
9.
10.
1 1.
Price to include profiling, profiling- charges, labeling, manifest preparal
transportation and disposal.
Assume the site receives approximately 150 gallons of used paint, varl
amounts of pesticides, fertilizers, acids and other household hazard
wastes.
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SECTION II
These are additional services that might be required, and this fee schedule is noot
of the bid evaluation.
1. State the per hour rate and conditions that might apFly for the roadside collec
and disposal of unidentified hazardous waste.
$750.00 PER HOIJR
2. It may be desirable for the City of Carlsbad to have hazardous waste trair
conducted on a quarterly basis. It is anticipated that this instruction would bt
longer than one hour in length, per session, per quarter. State the terms
conditions that would apply for this training.
$300.00 PER SESSION
3. State the terms and conditions that would apply for the removal and dispos;
unidentified hazardous waste which might be foui-id in the hazardous w,
storage area, the Safety Center, 2480 Impala Drive.
$55.00 PER HOUR DURING REGULAR PICK-UPS
SECTION 111
These are materials which might be required, and these prices are not part of the
evaluation.
1. State the price each or in quantity for DOT overpack drums
$135.00 . PER DRUM
2. State the price each or in quantity for DOT transpodation drums
$32.48 . PER DRUM TAX INCLUDED
3. State the price each or in quantity for MSDS three ring bindler
$2.00 - PER DRUM
4. State the price per pound or per bag or by quantity for lab packing mateial
$12.00 . PER BAG
5. Name the item and state the price and quantity for labels and placards thal
required for the safe storage and transportation of tazardous wastes
$0 .$0 * $- 0
3
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Placards included in Transportation Rates
STEVE BAEHNE
Xgg9WXXgWBgX~~~~~X~E~X~~~X 2100 N. ALAMEDA STREET
Name Address
Sig Kature
COMPTON, CA 90222
City, State, Zip Code
BA
- - DIRECTOR OF FIELD SERVICES 0
Title Telephone
AS BURY ENVIRONMENTAL S ERV I CES 9/12/95
Company Date
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ASBURY EWIRONMENTAL SERVICES, INC.
BALAYCE SHEET
As Of August 3 1, 1994
(Unaudited)
+
ASSETS.
Current assets:
Accounts receivable, net of allowance for doubthl accounts of S 174,673
Prepaid expenses and other deferred charges
$1,334,07
275.99
Total current assets 1.6 10.07
Furniture and fixtures 45,04
Autos and trucks 421,82
Machinery and equipment 80,14
18.00 Drums
565,Ol
Accumulated depreciation (438.78
Fixed assets, net 126.22
Fixed assets:
m W
ASBURY E8XROhTIMENTAL SERVICES, PIC.
STATEMENT OF OPERATIONS AW ACCULMULATED’DEFICIT
(Unaudited)
For The Year Ended August 3 1, 1994
Revenues S8,942,05
Cost of sales 7.275.70
Gross margin 1,666,3 5
Operating expenses 379,71
Selling, general and administrative expenses 1.836.44
Loss from operations (5493 1
Other income 12,22
Loss on fixed asset disposal (210.74
Net loss (748,33
’(1,220.46( Accumulated deficit, beginning of year
Accumulated deficit, end of year (SW
See accountant’s compilation report.
The accompanying note is an integal part of this financial statement.
3
8, EXHIBIT D
4 4 @
9
LIST OF PROPOSED DISPOSAL FACILITIES
Asbury Environmental Services plans to use the following facilities for
disposal/ recycling of hazardous waste removed from City departments from the
City of Carlsbad:
Broco Environmental Inc.
2610 N. Alder Ave.
Rialto, CA 92377
EPA ID# CAT080022148 Incineration
800-845-8259
Chemical Waste Management
35251 Old Skyline Road
Kettlemen City, CA 93239
EPA ID# CAT066702689 Landfill
800442-5200
DeMenno/Kerdoon
2000 N. Alameda Street
Compton, CA 90222
EPA ID# CAT080013352 Recycling
310-537-71 00
Marine Shale Processors
110 James Drive West, Ste. 120
Saint Rose, LA 70087
EPA ID# LAD981057706 Incineration/ Recycling
504465-3300