HAZ2604A

PROJECT MANUAL

BIDDING AND CONTRACT REQUIREMENTS

Hazardous Waste Removal Services

OWNER:

WILLIAM S. HART UNION HIGH SCHOOL DISTRICT

21380 Centre Pointe Parkway Santa Clarita, CA 91350

Caution: Read these Bid Documents carefully.

Do not assume that the documents are the same as similar documents you previously may have obtained from the District.

Hazardous Waste Removal Services William S. Hart Union High School District Bid Package HAZ2604A

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Instruction for Bidders

NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN that The William S. Hart Union High School District, acting by and through its Governing Board, hereinafter referred to as the “Owner” will receive at the stated location, up to but not later than the stated time, sealed bids for the award of the following contract (the "Contract"), including all appurtenant work, for the named project Hazardous Waste Removal Services, Bid Package No. HAZ2604A.

PLACE FOR SUBMITTING BIDS: Bids must be submitted electronically via OpenGov through the District’s eProcurement Portal:

https://procurement.opengov.com/portal/hartdistrict

BID DEADLINE: Bids must be received electronically by 11:00 a.m. April 29, 2026.

BID DOCUMENTS: The Bid Documents may be downloaded, at no cost, from the following link on the District’s website: https://www.hartdistrict.org/apps/pages/notice-inviting-bids. In the event this RFP is obtained through any means other than the District’s distribution, the District will not be responsible for the completeness, accuracy, or timeliness of the final RFP document.

REQUIRED BID SECURITY: Each bid must be submitted with security as described in the instructions for Bidders.

AWARD OF CONTRACT: If a contract is awarded for the work identified in this solicitation, it will be awarded to the responsible bidder submitting the lowest responsive bid for the work, as determined on the following basis:

The basis of award, pursuant Chapter 1 of Part3 of Division 2 of, the Public Contract Code, Sections 10126, 10780.5 and Article 1.3, Section 20103.8, is set forth in the General Conditions, subject to change by addendum, if any. The basis stated shall be the exclusive basis of award of the Contract.

SURETY BONDS: As described in the General Provisions, the successful bidder must provide a Performance Bond and a separate Payment Bond, each in an amount equal to 100% of the total Contract Price, and each issued by a California-admitted surety as defined in Code of Civil Procedure Section 995.120.

BIDDER’S LICENSE: At the time this contract is awarded, each bidder and bidder’s subcontractor shall possess a current (1) CSLB license “A”, “B”, C-12, C-21, C-36, C-57, or C-61/D40 along with a HAZ – Hazardous Substance Removal Certification, (2) California Highway Patrol Hazardous Materials License and vehicle tags, and (3) 40-hour HAZPOWER Certificates.

https://www.hartdistrict.org/apps/pages/notice-inviting-bids https://www.hartdistrict.org/apps/pages/notice-inviting-bids

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PRE-BID CONFERENCE: A pre-bid conference will not be conducted for this project.

Prospective Bidders may contact the Maintenance and Operations Supervisor, Jeff Lindstrom, to arrange an optional tour of the Owner’s Premises. Should multiple bidders request a tour, a date and time will be established and communicated to all invited bidders.

OWNER’S RIGHTS: The Owner reserves the right to reject any and all bids, to make multiple or “split” awards (if applicable), and to waive any irregularities in any bid.

William S. Hart Union High School District By: Dr. Michael Vierra, Superintendent By authority of the Governing Board of the William S. Hart Union High School District, Santa Clarita, County of Los Angeles, State of California

Published in the Santa Clarita Valley Signal on 3/17/2026 and 3/24/2026

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TABLE OF CONTENTS

Introduction ..……………………………………………………………………………………………………………………………………………… Calendar of Events ……………………………..……………………………………………………………………………………………………….

Project Description .…………………………………………………………………………………………………………………………………….

Instruction/Information for Bidders

1. Preparations and Submission of Bid ………...……………………………………………………………………………………

2. Bid Security ……………………………………………………………………………………………………………………………………

3. Erasures, Inconsistent or illegible Bids …….……………………………………………………………………………………

4. Modifications .……………………………………………………………………………………………………………………………….

5. Signature ..……………………………………………………………………………………………………………………………………..

6. Contractor’s License ..…………………………………………………………………………………………………………………….

7. Listing Subcontractors ..………………………………………………………………………………………………………………….

8. Contract Audits ..……………………………………………………………………………………………………………………………

9. Non-Collusion Declaration ....…………………………………………………………………………………………………………

10. Bidders Interest in More Than One Bid ..………………………………………………………………………………………..

11. Withdrawal of Bid ..………………………………………………………………………………………………………………………..

12. Addenda to the Documents ..…………………………………………………………………………………………………………

13. Examination of Site and Contract Documents .………………………………………………………………………………..

14. Interpretation of Documents ..……………………………………………………………………………………………………….

15. Alternates ………………………………………………………………………………………………………………………………………

16. References …………………………………………………………………………………………………………………………………….

17. Evidence of Responsibility ……………………………………………………………………………………………………………..

18. Surety Bond …………………………………………………………………………………………………………………………………..

19. Compliance with Immigration Law .……………………………………………………………………………………………….

20. Owner’s Reservation of Rights; Award of Contract .……………………………………………………………………….

21. Workers Compensation ..……………………………………………………………………………………………………………….

22. Anti-Discrimination ..………………………………………………………………………………………………………………………

23. Agreement …………………………………………….………………………………………………………………………………………

24. Indemnification ..……………………………………………………………………………………………………………………………

25. Fingerprinting ..………………………………………………………………………………………………………………………………

26. Insurance ……………………………………………………………………………………………………………………………………….

27. Default, Remedies ………………………………………………………………………………………………………………………….

28. Communications ..………………………………………………………………………………………………………………………….

29. Owner’s Right to Direct Changes ……………………………………………………………………………………………………

30. Direct Services ……………………………………………………………………………………………………………………………….

31. Personnel ..…………………………………………………………………………………………………………………………………….

32. Identification Required .…………………………………………………………………………………………………………………

33. Fees and Gratuities …..……………………………………………………………………………………………………………………

34. Price ..…………………………………………………………………………………………………………………………………………….

35. Services and Invoicing ……………………………………………………………………………………………………………………

36. Bid Protests ……………………………………………………………………………………………………………………………………

37. Exhibits A, B, C and D …………………………………………………………………………………………………………………….

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Required Bid Forms Section

1. Prime Bidder’s Proposal …………………………………………………………………………………………………………………

2. Bid Security ……………………………………………………………………………………………………………………………………

3. Bidder References and Responsibility Information ...……………………………………………………………………..

4. Designation of Subcontractors ………………………………………………………………………………………………………

5. Prevailing Wage Compliance Certification ……………………………………………………………………………………..

6. Non-Collusion Declaration ……………………….……………………………………………………………………………………

7. Certificate Regarding Workers Compensation ………………………………….…………………………………………….

8. Site Visit Certification ……………………………………………….……………………………………………………………………

9. Certification of Compliance with Immigration Laws ………………………………………………………………………

10. Iran Contracting Act Certification .………………………………………………………………………………………………….

11. California Labor Code Compliance ..……………………………………………………………………………………………….

12. W9 …………………………………………………………………………………………………………………………………………………

13. Bid Label .…………

Required Contract Forms Section

1. Services Agreement .……………………………………………………………………………………………………………………..

2. Certification of Asbestos-Free Material …………………………………………………………………………………………

3. Certification of Drug-Free and Tobacco-Free Workplace ..……………………………………………………………..

4. Certification of Safety-Program in Place ..………………………………………………………………………..…………….

5. Certification of Employee Background ….……………………………………………………………………………………….

6. Contractor’s Guarantee to Owner …………………………………………………………………………………………………

7. Designation of Subcontractors ..…………………………………………………………………………………………………….

8. Payment Bond ……………………………………………………………………………………………………………………………….

9. Performance Bond …………………………………………………………………………………………………………………………

10. Prevailing Wage Compliance Certification ……………………………………………………………………………………..

11. PWC100 DIR Information Form ……………………………………………………………………………………………………..

12. Workers Compensation Exemption Declaration ……………………………….…………………………………………..

13. W9 …………………………………………………………………………………………………………………………………………………

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INTRODUCTION

The William S. Hart Union High School District is located in the Santa Clarita Valley and covers approximately 400 square miles of territory. Its buildings comprise over 2.2 million square feet of traditional school buildings, portable classrooms, and administrative offices. We operate seven comprehensive high schools, six junior high schools, five alternative sites, and an adult school. The District’s enrollment is approximately 21,000 students and employs over 2,000 teaching, support, and administrative employees. The District is governed by an elected board of five members who serve four-year terms.

SCOPE

The District is seeking proposals from qualified vendors to bid on a three-year contract for Hazardous Waste Removal Services. Competitive Proposals will include providing a field chemist, routine collection, shipping, transportation, disposal, supplies, labels and documentation. The District requires two annual visits to all District sites, with a bi-annual clarifier tank neutralization service and/or inspection at the Transportation department.

The Scope of Services can be found in Exhibit “A”.

All bidding parties shall be fully aware of all licensing requirements and must possess a valid (1) CSLB license “A”, “B”, C-12, C-21, C-36, C-57, or C-61/D-40 with a HAZ – Hazardous Substance Removal Certification, (2) California Highway Patrol Hazardous Materials License and vehicle tags, and (3) 40 hour HAZPOWER Certificates with the latest 8-hour annual refresher Certificate for each employee that works on the District’s Hazardous Waste Removal Services. All bidding parties shall be fully aware and apprised of all ordinances, laws, orders, regulations and rules relating to the subject of the bid including, but not limited to the laws governing the safe collection, transfer, transport, storage, labeling, processing, treatment and/or disposal of Hazardous Waste, including but not limited to:

1) California Code of Regulations,

2) Health and Safety Plan (HASP),

3) Resource Conservation and Recovery Act (“RCRA”),

4) Title 29, Occupational Safety and Health Act (“OSHA”),

5) 40 CFR: Protection of Environment,

6) 49 CFR:DOT, transportation (Hazardous Materials),

7) Title 22: Hazardous Waste, and California, and Federal EPA,

8) NFPA #101: Life Safety Code

The obligation to provide Hazardous Waste Removal Services at Owner Premises granted to Bidder by the Contract shall be interpreted to be consistent with all applicable state and federal laws, now in effect and adopted during the term of the Contract. The scope

William S. Hart Union High School District Bid Package HAZ2604A

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Instruction for Bidders of the Contract shall be limited by all applicable current and developing laws and regulations. In the event that future interpretations of current law, future enactments or developing legal trends limit the ability of Owner to lawfully grant Bidder the scope of services as specifically set forth herein, Bidder agrees that the scope of the Contract will be limited to those services and materials which may be lawfully provided, and that Owner shall not be responsible for any lost profits claimed by Bidder as a result thereof.

Bidder shall provide Hazardous Waste Removal Services to school facilities within Owner’s jurisdiction at service levels as described in this Bid Package.

Bidder is responsible for both the performance of contract scope of work and shall coordinate with the Owner’s Maintenance and Operations Department as necessary to ensure timely progress and completion of the Work.

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PROJECT INFORMATION

Hazardous Waste Removal Services

RFP Package No.: HAZ2604A

CALENDAR OF EVENTS

March 17, 2026 RFP released

March 17 and March 24, 2026 Bid notification to trade journal

April 16, 2026 Last day for Proposer’s questions due by 2:00 PM

April 23, 2026 Last Addendum issued by 4:00 PM

April 29, 2026

BIDS due by 11:00 a.m.

https://www.hartdistrict.org/apps/pages/notice -inviting-bids

May 20, 2026 Recommendation of Award to Governing Board

July 1, 2026 Contract Begins

The above Calendar of Events may be revised at Owner’s sole discretion. Any changes to the Calendar of Events prior to the Submittals Due Date shall be issued by Addendum to this RFP.

BIDS MUST BE SUBMITTED NO LATER THAN: WEDNESDAY APRIL 29, 2026 by 11:00 a.m.

William S. Hart Union High School District Bid Package HAZ2604A

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INSTRUCTIONS / INFORMATION FOR BIDDERS

1. PREPARATIONS AND SUBMISSION OF BID

Bids must follow the specific format outlined below and be presented on the form(s) included in the RFP Documents and must be submitted at such time and place as is stated herein. Bids shall be completed in all respects as required by the instructions herein. A Bid may be rejected if it is conditional or incomplete, or if it contains alterations of form or other irregularities of any kind. A Bid will be rejected if, in the opinion of the Owner, the information contained therein was intended to mislead Owner in the evaluation of the Bid.

All Bids shall be submitted electronically via OpenGov through the District’s website:

https://www.hartdistrict.org/apps/pages/notice-inviting-bids It is the sole responsibility of the bidding company to see that his/her Bid is received in proper time. In accordance with Government Code Section 53068, any Bid received after the scheduled closing time for the receipt of Bids shall be unopened.

Costs of preparation of the Bid will be bore by Company. This request does not constitute an offer of employment or Agreement for services.

For this project there is only one (1) bid package numbered HAZ2604A.

2. BID SECURITY

Each bid must be submitted with security in the penal sum of ten percent (10%) of the total amount of the bid, in one of the following forms: (i) a cashier’s or certified check payable to the District; or (ii) a bid bond. If the Contractor chooses to submit a bond, the bid bond must be an executed copy of the “Bid Bond” form included as one of the Required Bidding Forms and must be issued by a California admitted surety as defined in Code of Civil Procedure Section 995.120. Unless forfeited, the District will return security to the bidders within a reasonable time, but not more than sixty days after award of the Contract for the Work.

3. ERASURES, INCONSISTENT OR ILLEGIBLE BIDS

The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the persons signing

William S. Hart Union High School District Bid Package HAZ2604A

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Instruction for Bidders the bid. In the event of inconsistency between words and figures in the bid price, words shall control figures. In the event that the Owner determines that any bid is unintelligible, inconsistent or ambiguous, the Owner may reject such bid as not being responsive to the invitation to bid.

4. MODIFICATIONS

Changes in or additions to the bid form, recapitulations of the work bid upon, alternative proposals, or any other modification of the bid form that is not specifically called for in the Contract Documents may result in the Owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid will be considered, and a telegraphic modification may be considered only if the postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids.

5. SIGNATURE

The persons signing the Contract on behalf of Bidder have authority to do so. The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder.

6. CONTRACTOR'S LICENSE

At the time this contract is awarded, each bidder and bidder’s subcontractor shall possess a current (1) CSLB “A”, “B”, C-12, C-21, C-36, C-57, or C-61/D/40 contractor license with a HAZ – Hazardous Substance Removal Certification. (2) California Highway Patrol Hazardous Materials License and vehicle tags, and (3) 40-hour HAZPOWER Certificate with the latest 8-hour annual refresher Certificate for each employee that works on the District’s Hazardous Waste Removal Services. The successful bidder and bidder’s subcontractors must maintain these licenses and certificates throughout the duration of this contract.

If, at the time the bid is submitted, bidder is not permitted to perform the project in accordance with the Business and Professions Code of the State of California and the Notice Inviting Bids, such bid will be deemed non-responsive and will not be considered.

7. LISTING SUBCONTRACTORS

Bidders are required, pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code), to list in their Bid the name and location of place of business for any and all subcontractors who will

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Instruction for Bidders perform work or labor or render services for the work or improvement in excess of one-half (½) of one percent (1%) of the bidder's total bid. Failure to list a subcontractor for a portion of the work means that the Bidder submitting the Bid will do that portion of the work.

8. CONTRACT AUDITS

Bidder agrees that the Owner has the right to review, obtain and copy all records pertaining to performance of the Contract. Bidder agrees to provide the State or the Owner with any relevant information requested and shall permit the State or the Owner access to its premises upon reasonable notice for purposes of interviewing employees and inspecting records. The Bidder shall maintain records for a period of at least four (4) years after final payment under the Contract.

Bidder shall maintain records of disposal of all Hazardous Waste removed from Owner for the period of the Contract and all extensions to the Contract or successor Contracts. In the event Bidder discontinues providing Hazardous Waste Removal Services to Owner, Bidder shall provide all records of disposal or processing of all hazardous waste removed for Owner within thirty (30) days of discontinuing service.

Records shall be in chronological and organized form and readily and easily interpreted.

9. NON-COLLUSION DECLARATION

Bidders on all public works contracts are required to submit a Non-Collusion Declaration with their bid. This Declaration is made part of the proposal form of the bid package and must be dated and signed under the penalty of perjury.

10. BIDDER'S INTEREST IN MORE THAN ONE BID

No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one bid for the same work unless alternate bids are specifically called for.

A person, firm or corporation that has submitted a subcontractor proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subcontractor proposal or quoting prices to other bidders or making a prime proposal.

11. WITHDRAWAL OF BID

Any bidder may withdraw his/her bid in person only prior to the scheduled closing time for the receipt of bids. No bidder may withdraw his bid for a period of ninety (90) days after the time set for the opening thereof.

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12. ADDENDA TO THE DOCUMENTS

The Owner reserves the right to issue such addenda to the documents, as it may desire at any time prior to the time fixed for receiving bids. A copy of all such addenda will be promptly posted to OpenGov through the Owner’s website. It is the responsibility of each bidder to verify that all Addenda have been received and incorporated into the Bidder’s Proposal. The number and date of each addendum shall be listed on the Bidder's Proposal in the space provided.

13. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

Each bidder may visit the site of the proposed work and fully acquaint himself/herself with the conditions relating to the services and labor so that he/she may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the Contract. The failure or omission of any bidder to receive or examine any Contract Document, form, instrument, addendum, or other document or to visit the site and acquaint himself/herself with conditions there existing shall not relieve any bidder from any obligation with respect to his/her bid or to the Contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section. Bidders may email the Maintenance and Operations Supervisor, Jeff Lindstrom, at jlindstrom@hartdistrict.org to arrange for an optional tour of Owner’s Premises.

14. INTERPRETATION OF DOCUMENTS

If any person contemplating submitting a bid for the proposed Contract is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in, or omissions from specifications, he/she may submit to the Owner, a written request for clarification or correction thereof. Questions must be submitted through OpenGov no later than April 16, 2026 by 2:00 PM. No questions will be accepted after that time. A copy of all requests for clarification and the response thereto will be posted in OpenGov via: https://procurement.opengov.com/portal/hartdistrict by April 23, 2026. Any interpretation or correction of the Contract Documents will be made only by a duly issued and published addendum. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation.

Notwithstanding the above, Bidder shall not attempt to, or contact, any member of the Owner’s staff or Owner’s Governing Board to discuss matters related to the bid during the bid process and prior to the final award of any Contract pursuant to this invitation to bid.

mailto:jlindstrom@hartdistrict.org mailto:jlindstrom@hartdistrict.org https://procurement.opengov.com/portal/hartdistrict

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15. ALTERNATES

If alternate bids are called for, Bidder acknowledges the Owner may award the Contract to the responsible bidder submitting the lowest responsive bid. The Owner reserves the right to include or not include any, all or none of any alternates in the award.

16. REFERENCES

All bidders must include a list of references when submitting their bids. References are to be listed on the reference form included in the Required Bid Forms section of the bid package.

17. EVIDENCE OF RESPONSIBILITY

Upon the request of the Owner, a bidder whose bid is under consideration for the award of the Contract shall submit promptly to the Owner satisfactory evidence showing the bidder's financial resources and his/her organization and plant facilities available for the performance of the Contract. The determination of whether a bidder possesses sufficient responsibility to successfully complete the Contract in the time required shall be made in the sole discretion of the Owner. Evidence of non-responsibility shall be grounds for rejection of the bid.

18. SURETY BOND

Within ten (10) days prior to the execution of the contract, the successful bidder will be required to post a Payment Bond and a Performance Bond (each a “Surety Bond”) must be in substantially the forms included in the Required Contract Forms; provided.

Each of the Surety Bonds must name the District as the entity to which the Contractor and the surety are bound. Neither of the Surety Bonds shall have a stated expiration date, and each shall remain in effect at all times that the Contractor has any obligation pursuant to the Contract.

Each of the Surety Bonds initially must have a penal sum equal to the Contract Price.

If the Contract Price is increased in accordance with the Contract Documents, then, within seven days after such increase, the Contractor must increase the amount of each of the Surety Bonds to equal the total increased Contract Price. Each of the Surety Bonds must be issued by a surety that is authorized and admitted to transact business in the state of California in accordance with Code of Civil Procedure Section

995.120. Each of the Surety Bonds must be signed by the duly-authorized representatives of both the Contractor and the surety, and the signatures must be notarized.

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Pursuant to California Public Contract Code Section 22300, the Contract will contain provisions permitting the successful Company to substitute eligible securities for any monies withheld by the District to ensure performance under the Contract. Company will bear all costs related to the substitution of securities.

19. COMPLIANCE WITH IMMIGRATION LAW

The Owner is committed to ensuring that each Bidder providing services and/or products to the Owner is in full compliance with certain federal immigration laws relating to the eligibility of the Bidder’s employees to work in the United States. Each Bidder that submits a bid to the Owner must certify that it has and will comply with such laws by completing, signing, and submitting with its bid the Certification of Compliance with Immigration Laws form included in the Bid Forms. The Owner shall reject as non-responsive the bid of any Bidder that: (i) does not certify that it is in full compliance with such immigration laws; or (ii) fails to submit the Certification of Compliance with Immigration Laws form in accordance with the requirements set forth in this paragraph.

20. OWNER’S RESERVATION OF RIGHTS; AWARD OF CONTRACT

The Owner reserves the right to reject any or all Bids, or to waive any or all irregularities or informalities in any Bid. If a Contract is awarded for the work identified in this solicitation, it will be awarded to the responsible bidder submitting the lowest responsive bid for the work, as determined on the following basis:

The basis of award, pursuant Chapter 1 of Part 3 of Division 2 of, the Public Contract Code, Sections 10126, 10780.5 and Article 1.3, Section 20103.8, subject to change by addendum, if any. The basis stated shall be the exclusive basis of award of the Contract.

After the lowest responsible bidders have been determined, the Owner reserves the right to add to or deduct from the Contract any of the Alternate Bid Items listed.

21. WORKERS' COMPENSATION

In accordance with the provisions of California Labor Code Section 3700, Bidder shall secure the payment of compensation to his /her employees. Bidder shall sign and file with Owner the following certificate before performing the work under this Contract:

"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance according to the provisions of the code, and I will comply with such provisions before starting the work of this contract.” The form of such certificate is

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Instruction for Bidders included in and made part of the Agreement.

22. ANTI-DISCRIMINATION

It is the policy of the Owner that in connection with all work performed under this Contract, there be no discrimination against any prospective or active employee engaged in the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation.

The Bidder agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act, beginning with Government Code, Section 12900, and Labor Code, Section 1735 and the American with Disabilities Act, 42 U.S.C. and 12101, et seq. In addition, the Bidder agrees to require like compliance by any subcontractors employed on the work by him/her.

23. AGREEMENT

The agreement form that the successful bidder will be required to execute is included in the Contract Documents and should be carefully examined by the bidder.

24. INDEMNIFICATION

Bidder hereby agrees to and shall indemnify and hold harmless Owner, its Governing Board, commissions, officers, employees, and agents (collectively, indemnities) from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Bidder, its officers, employees, agents, Companies and/or subcontractors in performing services under the Contract; (2) the failure of Bidder, its officers, employees, agents, Companies and/or subcontractors to comply in all respects with the provisions of the Contract, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Bidder, its officers, employees, agents, Companies and/or subcontractors in performing services under the Contract for which strict liability is imposed by law (including, without limitation, the Environmental Laws). The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities negligence, but shall not extend to matters resulting from the indemnities sole negligence, or willful misconduct. Bidder further agrees to and shall, upon demand of Owner, at Bidder's sole cost and expense, defend (with attorneys acceptable to Owner) Owner, its elected and appointed boards and commissions, officers, William S. Hart Union High School District Bid Package HAZ2604A

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Instruction for Bidders employees, and agents against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse Owner for any and all costs and expenses Owner incurs in providing any such defense, either before, during or after the time Bidder elects to provide such defense, including any and all costs incurred in overseeing any defense to be provided herein by Bidder.

Bidder, upon demand of Owner, made by and through Owner’s Attorney, shall protect Owner and appear in and defend Owner and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definition of “Waste” the scope of the rights granted herein, conflicts between the rights granted herein and rights asserted by other persons, or the limits of Owner’s authority with respect to the grant of licenses, or Contracts, exclusive or otherwise, asserting rights under the Dormant Commerce Clause or any other federal or state laws to provide Hazardous Waste Removal Services for Owner.

The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Contract.

a. Hazardous Substances Indemnification: Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Bidder specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to Owner) reimburse, indemnify, and hold Owner and its past and present officers, Governing Board, council members, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of Bidder that:

1). results in any demand, claim, notice, order, or lawsuit, asserting that any indemnified party is liable, responsible or in any way obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any hazardous contaminant (as defined herein); or 2). relates to material collected, transported, recycled, processed, treated or disposed of by Bidder.

Bidder’s obligations pursuant to this Section shall apply, without limitation, to:

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1). any claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter-Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision;

2). any claims based on or arising out of or alleged to be arising out of the Ownership, use, lease, sale, design, construction, maintenance or operation of Bidder of any facility;

3). any claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Bidder;

4). any claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with the Contract.

The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Bidder or any affiliate of Bidder. For purposes of this Section, the term "Hazardous Contaminant" shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501(1); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos-containing material. The term "Hazardous Contaminant" shall also include any and all amendments to the above-referenced statutory and regulatory provisions made before or after the date of execution of the Contract.

The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of the Contract.

25. FINGERPRINTING

The Bidder and Bidder’s subcontractors will be required to comply with the provisions of Education Code, Sections 45125.1 et seq. regarding Pupil Safety/Fingerprinting.

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Prior to the Contract award by the Owner’s Governing Board, Bidder shall either certify to the Owner that it has complied with the provisions of Education Code Section 45125.1 or seek a waiver from those provisions on the grounds set forth in Section 45121.2 (a)(1) and (2) or that Bidder and its employees and subcontractors will have no contact with school pupils. No waiver will be granted under Education Code Section 45121.1(a)(3). The Owner, within its sole discretion, will decide whether a waiver is appropriate. Denial of a waiver shall not be grounds for a claim for additional compensation or delay.

Prior to the Contract award by the Owner’s Governing Board, Bidder shall submit the Certification of Employee Background, in the form provided by the Owner, certifying compliance with this requirement.

26. INSURANCE

Prior to commencing the work, the successful bidder will be required, at his expense, to provide and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Bidder, his agents, representatives, employees or subcontractors, with an insurer with an A. M. Best rating no less than an A-. Bidder shall also require all of his subcontractors to procure and maintain the same insurance for the duration of the Contract. The insurance must be “occurrence” type. “Claims made” type will not be acceptable.

During the entire term of the Contract, Bidder shall procure and maintain during the Contract the following types of insurance and shall maintain the following minimum levels of coverage, which shall apply to any claims that may arise from or in connection with Bidder’s performance hereunder or the actions or inactions of any of Bidder’s officers, agents, representatives, employees, or subcontractors in connection with Bidder’s performance. The insurance requirements hereunder in no way limit Bidder’s various defense and indemnification obligations, or any other obligations as set forth herein.

a. Minimum Limits of Insurance. Bidder shall maintain in force for the term of the Contract limits no less than:

1). Commercial General Liability: Minimum limits of $2,000,000 per occurrence and Four Million Dollars ($4,000,000) general aggregate for personal injury, bodily injury, death, other injury, and property damage and must include a separate endorsement naming the William S. Hart Union High School District, its employees, agents and members of the Governing Board as an additional insured.

Such limits can be achieved through a combination of primary and excess liability policies.

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2). Commercial Automobile Liability: Two Million Dollars ($2,000,000) per accident for bodily injury and property damage applicable to all owned, non-owned, and hired vehicles. Such limits can be achieved through a combination of primary and excess liability policies. Policy must include MCS-90 and CA9948 (Broadened Pollution) endorsements for hazardous waste transport.

3). Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident for bodily injury or disease.

b. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions:

1). General Liability and Automobile Liability Coverage

a) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Owner, its employees, agents and members of the Governing Board.

b) Coverage shall state that Bidder's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

2). Workers' Compensation and Employers Liability Coverage - The insurer shall agree to waive all rights of subrogation against Owner, its employees, agents and members of the Governing Board for losses arising from work performed by Bidder for Owner.

3). All Coverages - Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Owner.

c. Acceptability of Insurers. The insurance policies required by this section shall be issued by an insurance Company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category XV or larger and a rating classification of A- or better.

d. Verification of Coverage. Bidder shall furnish Owner with certificates of insurance and with original endorsements affecting coverage required by this clause.

The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by or acceptable to Owner and are to be received and approved by Owner before work commences. Owner reserves the right to require complete, certified copies of all required insurance policies, at any time.

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e. Companies and Subcontractors. Bidder shall include all other companies and subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each company and subcontractor performing work for Owner.

All coverages for companies and subcontractors shall be subject to all of the requirements stated herein.

27. DEFAULT, REMEDIES

In the event that Bidder, for any reason whatsoever, fails, refuses or is unable to collect, recycle, process, transport or dispose of any or all Hazardous Waste as required by the Contract, at the time and in the manner provided in the Contract, for a period of more than forty-eight (48) hours, and if, as a result thereof, waste should accumulate in Owner to such an extent, in such a manner, or for such a time that such accumulation endangers or menaces the public health, safety or welfare, then Owner shall have, in its discretion, have the right, upon twenty-four (24) hour prior written notice to Bidder during the period of such emergency as determined by Owner, to be awarded liquidated damages as detailed in the Services Agreement.

a. Events of Default: All provisions of the Contract to be performed by Bidder are considered material. Each of the following shall constitute an event of default:

1). Fraud or Deceit or Misrepresentation; If Bidder engages in, or attempts to practice, any fraud or deceit upon Owner or makes a misrepresentation regarding material information to Owner.

2). Insolvency or Bankruptcy. If Bidder becomes insolvent, unable, or unwilling to pay its debts, files a bankruptcy petition or takes steps to liquidate its assets.

3). Failure to Maintain Coverage. If Bidder fails to provide or maintain in full force and effect the Workers' Compensation, liability, or indemnification coverage, or the performance bond or letter of credit as required by the Contract.

4).Violations of Regulation. If Bidder violates any orders or filings of any regulatory body having jurisdiction over Bidder relative to the Contract, provided that Bidder may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach of the Contract shall be deemed to have occurred until a final decision adverse to the Bidder is entered.

5). Failure to Perform. If Bidder ceases to provide all or a portion of the Collection, processing or any other Hazardous Waste Removal Services as required under the Contract for a period of two (2) consecutive days or more, for any reason within the control of Bidder, including labor disputes.

6). Failure to Pay. If Bidder fails to make any payments required under the Contract and/or refuses to provide Owner, within ten (10) days of the demand, with required information, reports, and/or records in a timely manner as provided for in the Contract.

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7). Failure to Cooperate with Audits. Failure to complete, perform or cooperate with any audit as described by the Contract, provided that Owner shall provide Bidder with written notice of such failure and Bidder shall have 30 days to cure deficiency.

8). Failure to Submit Reports or Documentation. Failure to complete or to provide required reports or documents to Owner as required by the Contract within 60 days of their due date and 30 days after receipt of written notice from Owner that such reports have not been submitted.

9). Acts or Omissions. Any other act or omission by Bidder which violates the terms, conditions, or requirements of the Contract, or any law, statute, ordinance, order, directive, rule, or regulation issued thereunder, or the failure to correct or remedy any such violation within the time set in the written notice of the violation or, if Bidder cannot reasonably correct or remedy the breach within the time set forth in such notice, if Bidder should fail to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter. This Section is intended to apply to any situation in which Bidder or any of its officers, directors or employees are found guilty of any crime related to the performance of the Contract, or of any crime related to anti-trust activities, illegal transport or disposal of hazardous or toxic materials, or bribery of public officials. The term “found guilty” shall be deemed to include any judicial determination that Bidder or any of Bidder’s officers, directors or employees is guilty as well as any admission of guilt by Bidder or any of Bidder’s officers, directors or employees including, but not limited to, the plea of “guilty”, “nolo contendere”, “no contest”, and “guilty to a lesser charge.”

10). False or Misleading Statements. Any representation or disclosure made to Owner by Bidder in connection with or as an inducement to entering into the Contract, or any future amendment to the Contract, which proves to be false or misleading in any material respect as of the time such representation or disclosure is made, whether or not any such representation or disclosure appears as part of the Contract.

11). Attachment. The seizure of, attachment of, or levy on, the operating equipment of Bidder, including without limits its equipment, maintenance or office facilities, or any part thereof.

12). Suspension or Termination of Service. There is any termination or suspension of the transaction of business by Bidder, including without limitation, due to labor unrest including strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action lasting more than two (2) consecutive days.

13). Failure to Provide Assurance of Performance. If Bidder fails to provide reasonable assurances of performance as required by Owner.

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28. COMMUNICATIONS

Bidder shall maintain an office and said office shall be open (“Office hours”), at a minimum, from 8:00 A.M. to 5:00 P.M., Monday through Friday, exclusive of holidays.

A responsible and qualified representative of Bidder shall be available during Office Hours for personal communication at the local office, and a similarly qualified person shall be available for communication by phone during any times other than Office Hours when Collection is occurring. Bidder shall provide Owner with a 24-hour emergency number to a live person, not voice-mail, a fax number and an Email address at the primary place of business.

29. OWNER’S RIGHT TO DIRECT CHANGES

Owner may direct Bidder to perform additional services or modify the manner in which it performs existing services or bills for services. Bidder shall be entitled to an adjustment in its compensation for providing such additional or modified services during the term of the Contract at a rate that is acceptable to Owner. In the event that the change or modification results in a decrease in services, the compensation will also be decreased by an agreed upon amount.

Ownership of Waste: Owner and Bidder understand and agree that it is Bidder, and not Owner, who will arrange to collect Hazardous Waste and, that Owner has not by this Contract, instructed Bidder on its collection methods, or supervised the collection process. Further, Owner and Bidder do not intend to place title to Hazardous Waste collected by Bidder in Owner.