Bid Notice.pdf

Public Works Department

Request for Proposals (RFP) #199005 For

City Generated Hazardous Waste Disposal and Emergency Response Services

Proposal Submittal Deadline:

Wednesday, September 30, 2026 BEFORE 3:00 pm

Procurement Contact:

Steven Dimter Contracts Administrator steven.dimter@paloalto.gov

(650) 838-2716

CITY OF PALO ALTO

PURCHASING/CONTRACT ADMINISTRATION

250 HAMILTON AVENUE

PALO ALTO, CA 94301

(650) 329-2271

TABLE OF CONTENTS

1. Introduction

2. Pre-Proposal Conference and Certifications

3. Proposal Content and Format

4. Contract Type and Method of Payment

5. Scope of Work

6. Evaluation Criteria

7. Oral Interviews

8. Public Nature of Materials

9. Collusion

10. Disqualification

11. Non-Conforming Proposal

12. Gratuities

13. Firms or Persons Not Eligible to Submit A Proposal

14. Suspension and Debarment Status

15. Proposer Questionnaire

Attachments:

A - Cost Proposal - Fee Schedule

B - Firm Experience

C - Professional Services Agreement Sample

D - Insurance Requirements

1. INTRODUCTION

The City of Palo Alto is seeking proposals from qualified firms to provide services for on-going services to package, remove, transport and dispose of hazardous and universal wastes generated by the City of Palo Alto operations. This Request for Proposals (RFP) also provides for hazardous waste emergency response services for incidents occurring within Palo Alto, CA.. The required services and performance conditions are described in the Scope of Work (or Services).

1.1. Summary

The City of Palo Alto is requesting proposals for the services of a qualified and experienced firm for the implementation of on-going services to package, remove, transport and dispose of hazardous and universal wastes generated by the City of Palo Alto operations. This Request for

Proposals (RFP) also provides for hazardous waste emergency response services for incidents occurring within the jurisdictional borders of the City. This RFP provides for a three (3) year contract.

1.2. Contact Information

Procurement Contact:

Steven Dimter

Contracts Administrator steven.dimter@paloalto.gov

(650) 838-2716

Department:

Public Works

1.3. Timeline

Release Project Date: September 1, 2026

Question Submission Deadline: September 16, 2026, 1:00pm

Question Response Deadline: September 23, 2026, 1:00pm

Proposal Submission Deadline: September 30, 2026, 3:00pm

2. PRE-PROPOSAL CONFERENCE AND CERTIFICATIONS

Request for Proposal (RFP) #199005 4

2.1. Examination of Proposal Documents

The submission of a proposal shall be deemed a representation and certification by the

Proposer that it:

• Has carefully read and fully understand the information that was provided by the

City to serve as the basis for submission of this proposal.

• Has the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted.

• Represents that all information contained in the proposal is true and correct.

• Did not, in any way, collude, conspire to agree, directly or indirectly, with any person, firm, corporation or other Proposer in regard to the amount, terms or conditions of this proposal.

• Acknowledge that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, and Proposer hereby grants the City permission to make these inquiries, and to provide any and all related documentation in a timely manner.

2.2. Addenda / Clarifications

Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments regarding this RFP must be submitted to the

Questions & Answers section of this project listing on OpenGov.

Correspondence shall be communicated through the City’s electronic procurement system. Responses from the City will be provided through the Questions & Answers section of OpenGov for this project and available to all. Inquiries received after the deadline for questions stated in the timeline will not be accepted. All addenda shall become a part of this RFP and shall be acknowledged on the Proposer’s submittal.

The City shall not be responsible for nor be bound by any oral instructions, interpretations or explanations issued by the City or its representatives.

2.3. Submission of Proposals

All proposals shall be submitted electronically through the City’s electronic procurement system (OpenGov) at: https://procurement.opengov.com/portal/palo-alto-ca

Proposals shall be in a submitted status no later than 3:00 pm on Wednesday, September

30, 2026.

The e-procurement system will not accept any proposals after the specified close time.

https://procurement.opengov.com/portal/palo-alto-ca

Request for Proposal (RFP) #199005 5

2.4. Withdrawal or Modification of Proposals

A Proposer may withdraw or modify its proposal at any time before the expiration of the time for submission of proposals as provided in the RFP by entering the project on

OpenGov and selecting to "unsubmit" the proposal. Proposal must be resubmitted after using the "unsubmit" button and making any updates or modifications to the submittal or it shall not be considered as a valid submittal. No request for modification of the proposal shall be considered after its submission and acceptance on grounds that Proposer was not fully informed to any fact or condition.

2.5. Rights of the City of Palo Alto

This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right to:

• Make the selection based on its sole discretion

• Reject any and all proposals

• Issue subsequent Requests for Proposals

• Postpone opening for its own convenience

• Remedy technical errors in the Request for Proposals process

• Approve or disapprove the use of particular subconsultants

• Negotiate with any, all or none of the Proposers

• Accept other than the lowest offer

• Waive informalities and irregularities in the Proposals and/or

• Enter into an agreement with another Proposer in the event the originally selected

Proposer defaults or fails to execute an agreement with the City

An agreement shall not be binding on the City unless and until it is executed by authorized representatives of the City and of the Proposer.

3. PROPOSAL CONTENT AND FORMAT

These instructions outline the guidelines governing the format and content of the proposal and the approach to be used in its development and presentation. The intent of the RFP is to encourage responses that clearly communicate the Proposer’s understanding of the

City’s requirements and its approach to successfully provide the products and/or services on time and within budget. Only that information which is essential to an understanding and evaluation of the proposal should be submitted. Items not specifically and explicitly related to the RFP and proposal, e.g. brochures, marketing material, etc. will not be considered in the evaluation.

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All proposals shall address the following items in the order listed below and shall be numbered in the proposal document.

3.1. Proposal Summary

This Section of the Proposal shall discuss the highlights, key features and distinguishing points of the Proposal. A separate sheet shall include a list of individuals and contacts for this Proposal and how to communicate with them. Limit this Section to a total of three (3) pages including the separate sheet.

3.2. Profile on the Proposing Firm(s)

This Section of the Proposal shall include a brief description of the Proposer’s firm size as well as the proposed local organization structure. Include a discussion of the Proposer firm’s financial stability, capacity and resources. Include all other firms participating in the

Proposal, including similar information about the firms.

Additionally, this Section shall include a listing of any lawsuit or litigation and the result of that action resulting from (a) any public project undertaken by the Proposer or by its subcontractors where litigation is still pending or has occurred within the last five years or

(b) any type of project where claims or settlements were paid by the consultant or its insurers within the last five years.

3.3. Qualifications of the Firm(s)

This Section of the Proposal shall include a brief description of the Proposer’s and any sub-Proposer’s qualifications and previous experience on similar or related projects.

Separately complete and upload the required attachment provided as "Qualifications of

Firm Relative to City's Needs", provide descriptions of pertinent project experience with other public municipalities and private sector entities, including a summary of the work performed, the total project cost, the percentage of work the firm was responsible for, the period over which the work was completed, and the name, title, and phone number of clients to be contacted for references. Give a brief statement of the firm’s adherence to the schedule and budget for the project.

This Section of the Proposal shall include information regarding any relationships with firms and/or individuals that may submit proposals in response to the RFPs being developed.

3.4. Work Plan or Proposal

This Section of the Proposal shall present a well-conceived service plan. Include a full description of major tasks and subtasks. This section of the proposal shall establish that the Proposer understands the City’s objectives and work requirements and Proposer’s ability to satisfy those objectives and requirements. Succinctly describe the proposed approach for addressing the required services and the firm’s ability to meet the City’s schedule, outlining the approach that would be undertaken in providing the requested services.

Request for Proposal (RFP) #199005 7

3.5. Project Staffing

This Section of the Proposal shall discuss how the Proposer would propose to staff this project. Key project team members shall be identified by name, title and specific responsibilities on the project. An organizational chart for the project team and resumes for key Proposer personnel shall be included. Key personnel will be an important factor considered by the review committee. Changes in key personnel may be cause for rejection of the proposal.

3.6. Proposal Exceptions

This Section of the Proposal shall discuss any exceptions or requested changes that

Proposer has to the City’s RFP conditions, requirements and sample contract. If there are no exceptions noted, it is assumed the Proposer will accept all conditions and requirements identified in the “Sample Agreement for Services.” Items not excepted will not be open to later negotiation.

3.7. Proposal Costs and Rates

The fee information is relevant to a determination of whether the fee is fair and reasonable in light of the services to be provided. Provision of this information assists the City in determining the firm’s understanding of the project, and provides staff with tools to evaluate (and, if applicable, negotiate) the cost.

This Section of the Proposal shall include the proposed costs to provide the services desired. The proposal shall also detail any other relevant cost and price information (such as any change to the fees based on any options a proposer is able to offer), plus a proposed not-to-exceed amount that would be contained in a potential agreement with the City. The hourly rates or a schedule of rates may be used for pricing the cost of additional services outlined in the Scope of Services.

Supplementary to this RFP and any submitted Proposal is the Cost Proposal Attachment provided with this RFP which must be upload electronically as part of your Proposal.

PLEASE NOTE: The City of Palo Alto does not pay for services before it receives them. Therefore, do not propose contract terms that call for upfront payments or deposits.

3.8. Evidence of Financial Stability

Proposers are required to establish to the City’s satisfaction that they are financially stable and can complete the obligations of a contract resulting from this solicitation. To meet this requirement, Proposers shall submit one of the following items that must be prepared by an independent third party:

• The most recent audited financial statement

• Reviewed financial statements for the last two years

Request for Proposal (RFP) #199005 8

• A letter of good standing from a credible financial institution or a Certified Public

Accountant that contains sufficient information for proposal evaluators to reasonably conduct an objective assessment of the Proposer’s financial viability and/or the Proposer’s risk of default, OR

• A Dun & Bradstreet Business Information Report or Comprehensive Report prepared or updated within the last 12 months.

NOTE: The City recognizes the confidential nature of certain financial disclosures and will treat the information as such in accordance with applicable law, referenced in the Section of this RFP entitled "Public Nature of Materials".

4. CONTRACT TYPE AND METHOD OF PAYMENT

It is anticipated that the agreement resulting from this solicitation, if awarded, will be a

Not-To-Exceed Budget Per Task form of contract. A Sample Agreement of Services is provided as an Attachment to this RFP. The method of payment to the successful

Proposer shall be on a Not-To-Exceed Budget Per Task with a maximum “not to exceed” fee as set by the Proposer in the proposal or as negotiated between the Proposer and the City as being the maximum cost to perform all work. This figure shall include direct costs and overhead, such as, but limited to, transportation, communications, subsistence and materials and any subcontracted items of work. Progress payments will be based on a percentage of project completed.

Proposers shall be prepared to accept the terms and conditions of the Agreement, including Insurance Requirements. If a Proposer desires to take exception to the

Agreement, Proposer shall provide the following information in Proposal Exceptions of their submittal package. Please include the following:

• Proposer shall clearly identify each proposed change to the Agreement, including all relevant Attachments.

• Proposer shall furnish the reasons for, as well as specific recommendations, for alternative language.

The above factors will be taken into account in evaluating proposals. Proposals that take substantial exceptions to the proposed Agreement may be determined by the City, at its sole discretion, to be unacceptable and no longer considered for award.

Insurance Requirements

The selected Proposer(s), at Proposer’s sole cost and expense and for the full term of the

Agreement or any extension thereof, shall obtain and maintain, at a minimum, all of the insurance requirements outlined in this RFP and its attachments.

All policies, endorsements, certificates and/or binders shall be subject to the approval of the Risk Manager of the City of Palo Alto as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager. The

Request for Proposal (RFP) #199005 9 selected Proposer agrees to provide the City with a copy of said policies, certificates and/or endorsement upon award of contract.

5. SCOPE OF WORK

5.1. Hazardous Waste Handling, Packaging, Transportation, Disposal, and Emergency Response Services

1. General information

This Request for Proposals (RFP) is requesting the services of a qualified and experienced firm for the implementation of on-going services to package, remove, transport and dispose of hazardous and universal waste materials and items (wastes) generated by the City of Palo Alto

(City) operations. This RFP also provides for hazardous waste emergency response services for incidents occurring within the jurisdictional borders of the City. This RFP provides for a three (3) year contract.

This contract is anticipated to be awarded in an amount of $85,000 annually ($255,000 over three years). This amount is not indicative of the actual expenditures for each year of the contract. The

City does not expressly or by implication agree that the actual amount of work shall correspond therewith, but reserves the right to increase, decrease or modify the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the City's

Program Manager.

2. Services to Be Provided

Contractor’s work under this contract will include providing all materials, labor, tools and equipment for identification, profiling, packaging, labeling, marking, placarding, manifesting, removal, transportation, temporary storage, and final disposal of all collected City-generated hazardous wastes under this contract. All work, materials, and services provided will be undertaken in accordance with applicable federal, state, and local laws and regulations.

Scheduled hazardous waste removal services will consist of pre-arranged shipments of wastes to be removed by the Contractor for management and disposal. Additional shipments may be scheduled on an as-needed basis and will occur within 14 calendar days of notification by the

City. The majority of wastes generated by City operations are accumulated at the Palo Alto

Municipal Service Center located at 3201 E. Bayshore Road in Palo Alto and the Regional Water

Quality Control Plant at 2501 Embarcadero Way, however, additional sites may be included on an as-needed basis. Scheduled hazardous waste removal services will be initiated by the City's

Program Manager. The City's Program Manager will notify the Contractor and provide a list of wastes for disposal, including the locations and EPA generator identification numbers of each site, a description of each item, number of containers or items, waste management method to be used, and unique profile identification numbers for certain items or containers. Other notification procedures such as pick-up request forms furnished by the Contractor will be subject to City review and approval if considered for use.

Typical services will include but not be limited to the following:

A. Mobilization and Packaging

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The Contractor will mobilize qualified personnel and equipment to the site as needed for each scheduled hazardous waste removal event. This task will include Contractor providing all personnel, materials, tools and equipment necessary for the handling, packaging, and transportation of the wastes. Typical tasks may include lab-packing, loose packing, bulking of wastes and/or pumping PCB-contaminated oils or oily water into a vacuum tanker. An area at the Municipal Service Center will be provided for staging and packaging operations. All packaging, manifesting, labeling, marking and placarding will be performed in full accordance with all applicable federal, state and local laws and regulations. The Contractor will provide to the City documentation supporting the qualification of those assigned to this contract upon request by the City's Program Manager.

Any items packaged, labeled, marked and/or manifested by the City which are to be managed under this contract will be inspected by the Contractor prior to acceptance to confirm that any such packaging, labeling, marking and manifesting is satisfactory and in accordance with all applicable federal, state and local laws and regulations. The Contractor may, at its discretion and subject to the City's Program Manager approval, re-package, re-label, re-mark and/or re-manifest any or all of the items packaged, labeled, marked and/or manifested by the City staff.

The Contractor will have the right, at its own expense, to inspect, sample, analyze and test any tendered waste before accepting such waste. The Contractor will provide a copy of the results of each inspection, sample, and analysis performed to the City's Program Manager.

The Contractor will be compensated for mobilization, packaging and demobilization in accordance with Section 8.A. below.

The following list describes some of the more routine waste streams generated by the City that are identified on the bid schedule accompanying this RFP:

Item 1 Waste Paint (latex): For bidding purposes, assume one pallet of multi-sized cans or pails (approximately 100 gallons) are generated every 90 days. The Contractor will package this waste by loose-packing the cans into appropriately sized drums or in cubic yard boxes. Contractor will state if company is an approved PaintCare transportation service provider and if price reflects PaintCare reimbursements. The

Contractor will package this waste.

Item 2 Waste Paint (oil-based): For bidding purposes, assume one pallet of multi-sized cans or pails are generated every 90 days. The Contractor will package this waste by loose-packing the cans into appropriately sized drums or in cubic yard boxes.

Contractor will state if company is an approved PaintCare transportation service provider and if price reflects PaintCare reimbursements. The Contractor will package this waste.

Item 3 Diesel Fuel and Asphalt Emulsion (combustible liquids): Waste diesel fuel mixed with asphalt emulsion generated from asphalt paving equipment cleaning operations. The City will bulk this waste in 55-gallon drums for shipment. For bidding purposes, assume five 55-gallon drums are generated every 90 days.

Request for Proposal (RFP) #199005 11

Item 4 PCB Contaminated Mineral Oil: Transformer oil with a PCB concentration greater than 5 ppm. The City will furnish analytical results for each item or container. For bidding purposes, assume two 55-gallon drums are generated every 180 days.

Item 5 Non-PCB Transformer Mineral Oil: Transformer oil with a PCB concentration of less than 5 ppm. The City will furnish analytical results for each item or container.

For bidding purposes, assume three 55-gallon drums are generated every 90 days.

Item 6 Empty Drums and Other Contaminated Containers: The City periodically generates various sized drums and other containers that previously held hazardous materials.

Item 7 Aerosol Cans: The City generates partially full aerosol cans that contain paints, lubricants, solvents, brake cleaners, etc. and loose-packs this waste into 55-gallon steel drums. For bidding purposes, assume two 55-gallon drums are generated every 90 days.

Item 8 Contaminated Debris, Soil and/or Absorbents: Debris (leaves, litter, PPE, etc.), soil and absorbents (rice hull ash, absorbent clays, pads and socks, etc.)

contaminated with gasoline, diesel fuel, hydraulic oil, antifreeze and other wastes from cleanup operations from incidents such as vehicle accidents or minor spills.

The City will package this waste for shipment. For bidding purposes, assume two

55-gallon drums are generated every 90 days.

Item 9 Light Ballasts: The City generates suspected PCB contaminated and non-PCB fluorescent and traffic light ballasts. For bidding purposes, assume one 5-gallon drum of ballasts is generated every 90 days. The Contractor will package this waste.

Item 10 Fluorescent Tubes/bulbs: These tubes/bulbs are generated by maintenance of

City facilities. For bidding purposes, assume 300 linear feet of fluorescent tubes are generated every 90 days. The light tubes are stored in four and/or eight feet long cardboard boxes or tubes.

Item 11 Compact Fluorescent Lamps (CFLs) and Miscellaneous Odd Sized Fluorescent

Tubes: Occasionally the City generates miscellaneous fluorescent bulbs. For bidding purposes, assume two small boxes (5-gal) are generated per quarter. The

Contractor will package this waste into appropriate drums or boxes.

Item 12 High Intensity Discharge (HID) Lamps, High Pressure Sodium (HPS), and Light-emitting diode (LED) Bulbs: HID and HPS lamps and LED bulbs are generated by maintenance of City facilities and street lights. For bidding purposes, assume 450

HID and HPS lamps and 200 LED bulbs are generated annually. The HID, HPS, and LEDs are stored in cardboard or plastic boxes. The Contractor will package this waste into appropriate drums or boxes.

Item 13 Chemical Oxygen Demand (COD) Vials: COD analysis vials generated by monitoring and testing activities at the City’s wastewater treatment plant. The glass vials (approximate dimensions: 1.5 cm x 10 cm) contain 3 ml of a mixture of 85%

Request for Proposal (RFP) #199005 12 sulfuric acid and 1% mercuric sulfate and 2 ml wastewater. For bidding purposes, assume generation rate is one 5- gallon lab pack every 90 days. The Contractor will package this waste.

Item 14 Insecticides, Algaecides, Fungicide, and Herbicides: Small amounts

(approximately 10 gallons) of poison liquids and solids are generated each year.

The Contractor will package this waste.

Item 15 Single-use and Rechargeable Batteries (Alkaline / Zinc Carbon, Nickel-

Cadmium, Nickel-metal hydride, Lead-Acid, Lithium-Ion, and Lithium Batteries):

Small quantities of batteries generated through City operations. Periodically, the following items are generated: a broken or cracked vehicle battery packed in absorbent, E-bike batteries, and miscellaneous covered battery embedded products (CBEPs). For bidding purposes, assume one 20-gallon drum of alkaline and two 5-gallon containers of rechargeable batteries are generated every 90 days. The Contractor will sort and package this waste.

Item 16 Antifreeze: Incidental amounts of antifreeze are generated by the City. For bidding purposes, assume 2 gallons of antifreeze are generated every 90 days.

The Contractor will package this waste.

Item 16a. Motor Oil: Incidental amounts of motor oil are picked up by the City as abandoned waste and brought back to the Municipal Service Center for proper disposal. For bidding purposes, assume 5 gallons of motor oil are generated every 90 days. The

Contractor will package this waste.

Item 16b. Cooking Oil: Incidental amounts of cooking oil are picked up by the City as abandoned waste and brought back to the Municipal Service Center for proper disposal. For bidding purposes, assume 2 gallons of cooking oil are generated every 90 days. The Contractor will package this waste.

Item 17 Waste pepper spray and mace: Mace and pepper spray filled waste containers generated by the Police Department. Assume one 5-gallon drum is generated annually. The Contractor will package this waste.

Item 18 Friable Asbestos and Asbestos Containing Material: Small amounts of construction debris, insulation, and transite material and piping are generated through maintenance and operations. For bidding purposes, assume approximately 20 pounds are generated per year. The Contractor will package this waste.

Item 19/20 MAAP Gas / Propane Cylinders: Incidental amounts of MAAP gas and propane are generated by the City. For bidding purposes, assume three 1-liter cylinders per

180 days. The Contractor will package this waste.

Item 21 Calcium Hypochlorite: Solid Calcium Hypochlorite is generated periodically by the City in 5-gallon pails. For bidding purposes, assume about 5-gallons are generated every 180 days. The Contractor will package this waste.

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Item 22 Mercury-Containing Thermostats and Devices: Small amounts (< 10 lbs) are generated per year. The Contractor will package this waste.

Item 23 Lube Grease: Lube grease generated by sweeping and fleet maintenance activities. For bidding purposes, assume about 5 gallons are generated per year.

The Contractor will package this waste.

Item 24 Fire Extinguishers: Fire extinguishers are generated periodically from City facilities. For bidding purposes, assume about 5 units are generated per year. The

Contractor will package this waste.

Item 25 Tanker Loads: Periodic bulk shipments of liquids are collected in 1) wash-pad and storage pad oil water separators; 2) clay rinse water from a ceramic art studio in 44-gallon plastic drums; and 3) underground vaults when transformers fail. Item

25 in the fee schedule will provide Contractor unit prices for disposal of the liquids and surcharges if any, for percent solids and tanker washouts. All labor and equipment costs will be charged at a time and materials rate included in the

Contractor’s submitted rate sheet.

Item 25a. Oil-Water Separators/Art Center Rinse Water: The City generates non-hazardous wastewater from oil/water separators located at four (4) fire stations (subject to change) and one (1) equipment storage pad location, and from clay rinse water generated from the ceramic studio at the Palo Alto Art Center. These facilities are pumped out two or three times per year by a vacuum tanker truck to dispose of the non-hazardous liquid. All waste waters are non-hazardous but do contain solids, such as clay particles, grit, and dirt. There is the potential for low levels of oil and grease in the water pumped out from the oil/water separators.

All six locations shall be serviced in two consecutive days with a total of 2,000 to

4,000 gallons collected per day. City staff coordinates with the driver to travel to the locations, open separator tanks, and assist the driver with access at each location.

Item 25b. Oily Water (Non-PCB) From Utility Vaults: The City owns its own electrical utility.

Periodically, transformer failures in utility vaults release mineral oil that must be evacuated. The Contractor will provide a vacuum tanker truck, and steam cleaner or pressure washer. The Contractor will not be required to enter a utility vault; if vault entry is required, City electrical crews will perform the washout using

Contractor’s equipment. The City will confirm if PCBs are present using lab samples or equipment data prior to the Contractor evacuating the vaults. These types of emergency response events occur typically twice per year.

Item 25c. Oily Water (PCB Contaminated) From Utility Vaults: On rare occasions, an older

PCB contaminated transformer will fail producing PCB contaminated oily water.

The City will confirm the PCB concentration of the oil prior to the Contractor evacuating the vault.

Item 26 Non-Specified Flammable/Combustible Liquids: City operations generate many routine wastes such as industrial fluids, miscellaneous laboratory chemicals, paint

Request for Proposal (RFP) #199005 14 thinners, aged-gasoline, etc. in a variety of container sizes. The City will provide information such as Safety Data Sheets or other information, if available, to aid in the identification and management of these wastes. The Contractor will package this waste in accordance with the appropriate waste management method.

Item 27 Non-Specified Flammable Solids: City operations generate many routine flammable/combustible solid wastes. The City will provide information such as

Safety Data Sheets or other information, if available, to aid in identification and management of these wastes. The Contractor will package this waste in accordance with the appropriate waste management method.

Item 28 Non-Specified Corrosive Liquids: Spent corrosive liquids used in various operations. For bidding purposes, assume about 5-gallons are generated per quarter. The Contractor will package this waste.

Item 29 Non-Specified Poison/Toxic Solids or Liquids: Spent poison or toxic solids or liquids may be used in various operations. For bidding purposes, assume about 5-gallons are generated per quarter. The Contractor will package this waste.

B. Waste Transportation

The Contractor will provide hazardous waste transportation services for the shipment of wastes to be managed under this contract from City facilities to approved TSDFs. The Contractor will be responsible for the loading of wastes onto the Contractor's vehicle(s) in a safe manner meeting all Department of Transportation (DOT) regulatory requirements.

The Contractor will select, in its sole judgment, appropriate vehicles, materials, tools and equipment necessary for the transportation of wastes to be managed under this Contract.

Vehicles used for the transportation of wastes to be managed under this Contract will be equipped with emergency spill clean-up equipment. All vehicles used for the transportation of wastes to be managed under this Contract will be operated, inspected, licensed and maintained in full compliance with applicable federal, state and local laws and regulations.

The Contractor's vehicle operator will, at the request of the City, make a copy of the daily pre-operative inspection report for the vehicle available for review. At its discretion, the City may conduct an inspection of the Contractor's vehicle. The City reserves the right to reject Contractor vehicles that fail pre-operative inspections or discretionary inspections conducted by City personnel at no charge to the City.

All Contractor vehicle and equipment operators will be fully trained as to the proper procedures and precautions to be followed in the handling, loading and transportation of wastes to be managed under this contract. Contractor vehicle and equipment operators will be fully trained and licensed in accordance with all applicable federal, state and local laws and regulations.

C. Hazardous Waste Storage and Disposal

The Contractor will store and dispose of all wastes to be managed under this contract at TSDFs that are approved for use by the City and are fully licensed and permitted for the waste streams to be managed and treatment processes utilized. The Contractor will only utilize waste management methods for hazardous wastes to be managed under this contract that are expressly listed in the contract and approved for use by the City's Program Manager. All waste treatment, storage and disposal activities will be performed in accordance with all applicable federal, state and local laws and regulations. Any changes in the status of any and all licenses and permits for TSDFs authorized by the City's Program Manager for wastes to be managed under this contract including, but not limited to, revocation, suspension, failure

Request for Proposal (RFP) #199005 15 to renew or expiration of any licenses or permits will be immediately conveyed by telephone and in writing by the Contractor to the City's Program Manager.

All hazardous wastes to be managed under this contract will be stored by the Contractor out of the weather in an enclosed building or storage unit (enclosed van, storage container, etc.)

with appropriate containment facilities to ensure that no contamination of the property of the facility or adjoining property will occur.

It is the City's preference to manage as many hazardous waste streams as possible through the following processes in order of preference: 1) hazardous waste recycling processes, 2) fuel substitution, 3) destructive incineration, 4) treatment and 5) landfill disposal. Except for items expressly approved by the City’s Program Manager for landfill disposal and incinerator ash from approved hazardous waste incineration, landfill disposal of any waste, component part or residual by-product from any management process or treatment process, is expressly prohibited. With the exception of wastes to be managed through approved recycling processes or fuel blend incineration, the Contractor will not, and will not permit any other person or organization to use, distribute or sell any wastes to be managed under this contract, or any waste components or residues.

D. 24-Hour Emergency Response Services

In the event of a hazardous materials or waste incident (abandoned wastes, spills, leaks, etc.)

that requires services beyond those the City is capable of providing internally, the Contractor will be listed as the primary support for hazardous waste emergency response services. The Contractor will furnish 24-hour emergency contact telephone numbers and notification procedures for requesting emergency response services. The 24-hour emergency contact telephone numbers provided will provide direct contact to duly authorized Contractor representatives. Answering service telephone numbers or voicemails will not be considered acceptable.

Upon notification by the City's Project Manager or designee, the Contractor will mobilize appropriate personnel, materials and equipment for response to incidents to provide emergency support services including, but not limited to, hazcat identification of wastes, containment, clean-up, decontamination, furnishing of materials and/or equipment, waste transportation and disposal, and confirmation tests such as PCB wipe tests or soil sampling equipment. Typical tasks may include furnishing of vacuum tanker services for pumping of underground utility vaults (may include PCB or PCB contaminated wastes) and tanks, furnishing personnel, materials and/or equipment for spill cleanup and/or waste containment, packaging, transportation, etc. The time for clean-up/response teams (personnel, materials and equipment) or vacuum tankers to respond to incidents/spills and be on site ready for clean-up activities will not exceed two hours.

E. Other Scheduled Project Work

Periodically, the City may direct Contractor to perform non-emergency projects such as decontamination and disposal of hazardous waste storage structures or decommissioning and closure of hazardous waste areas. For each of these projects, Contractor will submit a quotation to complete these projects in accordance with the rates and unit pricing included in the agreement. The City reserves the right to increase, decrease or modify the amount of any class or portion of this work or to omit portions of the work as may be deemed necessary or expedient by the Program Manager.

3. Contractor's Project Manager

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The Contractor will designate a Project Manager to act as a contact for the coordination and execution of the Contractor's activities. The Contractor's Project Manager will be authorized to act on behalf of the Contractor in all matters pertaining to the contract and will have sufficient knowledge of all aspects of the Contractor's business and the requirements of this contract.

4. Contractor as Transporter, Arranger for Disposal and Owner of Wastes

The Contractor will be expressly designated by the Parties hereto as the transporter of, and the arranger for the disposal of all wastes to be transported, managed and disposed of under this contract.

Upon the Contractor's acceptance of wastes identified for removal, transportation, management and disposal under this contract, the Contractor will undertake title to, and ownership of, including risk of loss and all other incidents of ownership of such wastes unless the waste is determined by the Contractor to be non-conforming in accordance with Section 7 procedures for non-conforming wastes.

5. Documentation, Certification and Record Requirements

Contractor will provide to the City’s Program Manager complete copies all appropriate documentation, certifications and records for the transportation, management and disposal of hazardous waste and all applicable federal, state and local laws and regulations, including, but not limited to:

• bills of lading or non-hazardous waste manifests

• hazardous waste manifests and continuation sheets

• labpack inventory sheets

• land disposal restriction notifications

• hazardous waste profiles

• certificates of destruction, decontamination, disposal and/or recycling

Contractor will furnish closed originals of all uniform hazardous and non-hazardous waste manifests signed by a duly authorized representative of the receiving Treatment/Storage/Disposal

Facility (TSDF) to the City's Program Manager within thirty (30) calendar days of waste shipments.

Contractor will furnish certificates of destruction, decontamination, disposal and/or recycling signed by a duly authorized representative of the receiving TSDF to the City's Program Manager for all wastes to be managed under this contract within one hundred and eighty (180) calendar days of waste shipments.

The Contractor will, at all times during the transportation, storage, and disposal of wastes to be managed under this contract, know the location, condition and status of each item being managed. The Contractor will make such information available in written progress reports to the

City's Program Manager upon request. The progress reports will include a listing of items removed, referenced by an appropriate identification number and uniform hazardous waste manifest number and a description of the location and status of wastes on date of the written progress report.

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Any transportation or disposal in connection with hazardous waste emergency response services for incidents occurring within the jurisdictional borders of the City will indicate “Emergency

Response” on all relevant documents, including manifests.

6. Spill Prevention and Clean-up

The Contractor will use appropriate methods, equipment and practices required by all federal, state and local laws and regulations as well as industry recommended and approved methods, equipment and practices to ensure that no discharges, releases, spills or leakage occurs during the packaging, loading, transportation, storage and disposal of wastes to be managed under this contract.

In the event of a discharge, release, spill or leakage of hazardous wastes during Contractor’s packaging, loading, transportation, storage or disposal of wastes to be managed under this contract, the Contractor will take appropriate and immediate action to protect human health and the environment. The Contractor will, at no expense to the City, be fully responsible for, and take appropriate and immediate action to remediate and clean-up any such discharge, release, spill or leakage in accordance with all applicable federal, state and local laws and regulations.

The City will direct actions taken should any discharge, release, spill or leakage of hazardous wastes occur during packaging, loading and/or transportation activities on City property. The Contractor will compensate the City for any costs incurred for response to any discharge, release, spill or leakage of hazardous wastes occurring on City property during loading, packaging and/or transportation activities.

The Contractor will immediately notify the City's Program Manager by telephone should any accident or incident occur which results in any discharge, release, spill or leakage which involves any wastes to be managed under this contract. The Contractor will make all notifications and reporting to the appropriate regulatory or emergency response agencies as required under federal, state and local laws and regulations in the event of a discharge, release, spill or leakage of hazardous wastes during transportation, storage or disposal of wastes to be managed under this contract.

The Contractor will furnish the City's Program Manager with a detailed written report describing any discharge, release, spill or leakage of hazardous wastes during transportation, storage or disposal of wastes to be managed under this contract that required notification to the City or any federal, state and local regulatory or emergency response agency.

7. Non-conformity of Waste

The Contractor will have the right to reject any waste to be managed under this contract that does not materially conform to the list of wastes provided for each shipment by the City's Program Manager. In rejecting any waste, the Contractor will notify the City's Program Manager of the reason(s) for the non-conformity and alternatives. The rejection of any item to be managed under this contract will not affect the acceptance by the Contractor of any other item to be managed under this contract.

If the Contractor accepts a waste item but determines within thirty (30) calendar days that the waste is non-conforming, the Contractor will notify the City's Program Manager by e-mail. If the City is unable to verify or correct the non-conformity, the Contractor and the City will, in good faith, attempt to correct the non-conformity and provide for the appropriate management of the waste.

In the event the Contractor and the City are unable to agree on an appropriate resolution of the non-conformity, or the Contractor is prohibited by law or TSDF permit from managing the non-conforming waste, the Contractor may revoke acceptance of such non-conforming waste. In the event of revocation of acceptance due to waste non-conformity, the City will pay, as applicable, the cost of transporting to the Contractor's TSDF, the cost of return transporting from the

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Contractor's TSDF to the City's facility and other reasonable charges incurred by the Contractor with the City's Program Manager’s written approval.

In the event the Contractor gives the City's Program Manager notice of any non-conformity, the City may notify the Contractor of the City's intent to verify the alleged non-conformity or to correct any correctable non-conformity. The Contractor will cooperate with and assist the City, at the City’s expense, to make such verification and correction, including conducting additional inspections, taking and analyzing additional samples as requested by the City, and making the non-conforming waste available to the City.

In the event that additional information indicates that the waste material does conform to the list of wastes provided for the shipment by the City's Program Manager, the Contractor's notice of non-conformity will be deemed null and void and the Contractor will reimburse the City of Palo Alto for all costs incurred in the verification process.

8. Compensation Schedule

All services rendered under this contract will be quantified and compensated in accordance with the following schedule:

A. Mobilization and Packaging Mobilization and Packaging will be compensated for on a time and materials basis in accordance with the Contractor's standard schedule of fees to be furnished with the Contractor’s response to this RFP (or Contractor’s submitted quotation for other scheduled project work). Billable categories under mobilization and packaging will include personnel hourly charges, daily vehicle charges (exclusive of waste transportation), daily equipment charges (personal protective equipment, pumps, etc.), and packaging material supply charges (containers, absorbents, labels, etc.) for identification, bulking, loose-packing, and lab-packing.

B. Hazardous Waste Transportation Hazardous waste transportation for scheduled routine hazardous waste removal service will be included in the unit disposal rates for each waste as submitted in the fee schedule. Please state if Contractor company is an approved PaintCare transportation Service provider.

C. Hazardous Waste Disposal/Recycling /Destruction Hazardous waste disposal for routine waste and miscellaneous streams (as identified in Section 2A, Items 1 through 29 of this RFP) will be compensated for at the unit prices bid in response to this RFP.

D. 24-hour Emergency Response Services Emergency response services will be compensated for on a time and materials basis in accordance with the Contractor's standard schedule of fees to be furnished with the Contractor’s response to this RFP. Disposal prices of hazardous wastes that are collected and packaged during emergency response events will be charged in accordance with Section 2A.

E. Other Scheduled Project Work Non-routine scheduled project work where Contractor submits a quotation to the City will be compensated on a time and materials, unit price and/or lump sum basis in accordance with the submitted quotation as well as the actual pay quantities achieved (i.e. amount of waste collected, number of hours worked etc.). Unless authorized by the City’s Program Manager, Contractor shall invoice a maximum of 120% of the submitted quotation for the project.

9. Proposal Submittal Requirements

Proposers will, in addition to the submittal requirements listed in Section 2 of this RFP, include the following in their Proposal packages:

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1. Proposer’s standard schedule of fees (for mobilization and packaging, non-routine waste management and emergency response services).

2. A description of the Proposer's arrangements for transportation of hazardous wastes to be managed under this project, including:

a. A copy of the State of California Department of Toxic Substances Control (DTSC) Certificate of Registration as a hazardous waste transporter for Proposer (if Proposer provides transportation) and for any subcontracted transporters to be utilized;

b. A list of transporter hazardous waste hauler registrations for other states through which hazardous wastes to be managed under this project may be transported.

3. Detailed and specific information on Proposer's capabilities for emergency response services including emergency response capabilities and experience, location(s) of emergency response groups and equipment, anticipated and guaranteed response times for technical personnel and equipment, a listing of locally available emergency response equipment, organization of emergency response groups, notification and response implementation procedures, etc. This information will be used as a basis for assessing the proposer’s ability to provide timely and comprehensive emergency response services.

4. A waste management plan describing the TSDFs to be utilized to manage routine wastes to be managed under this contract including the facility name, address, telephone number, EPA

ID number, specific waste streams to be managed at each TSDF listed, and a description of the waste management processes to be utilized. If available, a copy of the TSDF's

Acknowledgment of Notification of Hazardous Waste Activity will be included.

5. A detailed description of auditing procedures used by the Proposer for selecting TSDFs and a brief discussion of audit results for each TSDF proposed for utilization under this contract will be included in the Proposal. The City may request more detailed TSDF audit information at a later date.

6. A discussion of the regulatory compliance record of the Proposer, TSDFs to be utilized and any subcontractors (transporters, etc.) including a description of any accidents or violations issued to the Proposer, TSDFs and transporters by the Federal Environmental Protection

Agency, Department of Transportation, Department of Toxic Substances Control, local regulatory agencies and California…