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Resolution No. 2012-199RESOLUTION NO. 2012-199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND CLEAN HARBORS ENVIRONMENTAL SERVICES FOR LAB PACKING, TRANSPORTATION, AND DISPOSAL SERVICES WHEREAS, the City of Vernon ("City") has determined that it needs the assistance of a company to manage hazardous waste disposal emergency response, lab chemical packing, and recycling for the City (the "Services"); and WHEREAS, the Director of Light & Power has determined that Clean Harbors Environmental Services ("Clean Harbors") is qualified and capable of providing the Services; and WHEREAS; by memo dated October 10, 2012, the Department of Light & Power recommends the City enter into an agreement with Clean Harbors setting forth the terms and conditions under which Clean Harbors will provide the Services (the "Agreement"), for an amount not to exceed $20,000; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of Section 2.27(a) of the Vernon City Code, it is in the public interest and necessity to enter into an agreement with Clean Harbors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON.AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Services Agreement (the "Agreement"), in an amount not to exceed $20,000, with Clean Harbors Environmental Services, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute.the Agreement, for - and on behalf of the City; and the Acting City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non -substantive changes .to the Agreement attached herein. SECTION 5: The City Council of the City of Vernon hereby directs the Acting City Clerk, or the Acting City Clerk's designee, to send one executed Agreement to: Clean Harbors Environmental Services Attn.: Kathleen Gordon, Vertical Market Account Manager 5756 Alba Street Los Angeles, CA 90058 SECTION 6: The City Council of the City of Vernon finds that the disposal of City generated hazardous waste is categorically exempt under the California Environmental Quality Act (CEQA) guidelines, Section 15330. d - 2 - SECTION 7: The Acting City Clerk of the City of Vernon shall.certify to the passage, approval and adoption of this resolution, and the Acting City Clerk of the City of Vernon shall cause this resolution and the Acting City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 23rd day ofOctober,2012. Name: William J. Davis ATTE J_ _ _ 1 - _ - _ . _ Title:' Mayor /ear- _3_ STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Dana Reed, Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-199, was duly passed, approved and adopted by the City Council of the City of Vernon at a special meeting of the City Council duly held on Tuesday, October 23, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 25 #'day of October, 2012, at Vernon California. (SEAL) DanW Reed, Acting City Clerk - 4 - EXHIBIT A CleanHarbe'5 ENVIsONMEUM MIMES* wAa 1 l_ I KAINSPOK I A I lug & UtSrUSAL AGRE LIMEM. Customer Name Customer Address This Agreement is between the. Customer identified below ("Customer"), and Clean Harbors Environmental Services, Inc. ("Clean Harbors"). In consideration of the mutual covenants contained herein, the parties agree as follows: Article.l. Term This Agreement shall have an initial term of one (1) year from the date hereof and shall continue in effect from year to year thereafter provided. Either party may terminate this Agreement at any time upon thirty (30) days prior written notice. Article 3. Services' This Agreement shall govern all labpatk, transportation and disposal services ("Services") provided by Clean Harbors to Customer. This agreement does not apply to emergency response services. Article 3. Waite Materials Waste materials to be handled pursuant to this Agreement shall be agreed upon in advance in writing by Clean Harbors and Customer. At the time Customer requests the Services of Clears Harbors, Customer shall provide a Waste Profile Sheet or similar document ("Waste Profile") to Clean Harbors completely and accurately describing the waste materials. Article 4. Transfer of Waste and Title Waste materials which are discovered to be non -conforming may be rejected by Cleats Harbors. Title, risk of loss and all other incidents of ownership to non -conforming wastes shall remain at all times with Customer. Waste materials shall be considered non- conforming if the waste materials are not properly' packaged or labeled; or if the waste materials contain constituents or have characteristics or properties not disclosed on the Waste Profile. Customer shall pay Clean Harbors for the handling, transporting, storing and caring for and, if applicable, disposing of such non- conforming waste materials. Article 5. 1'avment Terms Payment terms shall be net thirty (30) days from the date of invoice. Interest will be charged at the rate of 1.5% per month, or the maximum amount allowed by law, on all amounts outstanding more than thirty (30) days. Customer shall be responsible for all costs incurred by Clean Harbors to collect any payments due under this Agreement, including reasonable attorneys' fees. The payment terms set forth herein,are contingent upon the approval of Clean Harbors' Credit Department. In the event of a change in Customer's financial condition, Clean Harbors reserves the right to alter, change, or modifypayment terms, and to immediately stop work. The failure of Clean Harbors to exercise its rights under this article at any time shall not Constitute a waiver of Clean harbors' continuing right to do so. Article 6. Customer Warranties Customer warrants that it has legal title or authority to waste; that the description of the waste materials on the Waste Profile is accurate and complete; that waste materials will confornn to such description; that containers of waste materials will be marked, labeled and otherwise conform with all applicable law; and that it has communicated to Clean Harbors those hazards known by the Customer to be associated with the handling, transportation. treatment, storage and disposal of the waste niaterials. Article 7. Indemnification indemnification: Clean Harbors agrees to defend, indemnify, protect and hold harmless Customer, its officers, officials, employees, agents, and volunteers from and against any and all claims , suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorney's fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Clean Harbors, or Clean Harbot's officers, employees, or agents which in any way arise out of, result from, or are in any w°ay related to the performance or non-performance of this Ag cement, excepting only liability arising out of the sole negligence or willful misconduct of Custonter, its officers, officials, employees, agents, or volunteers. Article 8. Insurence Clean Harbors shall maintain at its own expense during the term of this Agreement the following insurance coverages: COVERAGE LIMITS a. Worker's Compensation statuton b. Em loyces Liabilit S300.000 c. General Commercial Liability SI million per occurrence S3 million aggregate d. Automobile SI million per occurrence SI million per annual ,u a ate e. Environmental Impaimtent for Clean Harbor TSD Facilities S3 million per occurrence $6 million annual aggrc"'te article 9. Excuse of Performance. The performance of this Agreement, except for the payment of money for Services already rendered, may be suspended by either party in the event performance of this Agreement is prevented by a cause(s) beyond its reasonable control. Article 10. Additional Provisions Entire Agreement - This Agreement represents the entire understanding and agreement between the parties. Additional conflicting or different terms on any Purchase Order or other preprinted document issued by Customer shall be void and are hereby expressly rejected by Clean Harbors. Any modifications to this Agreement. shall be in writing and shall be signed by Customer and Clean Harbors. Law to Apply - The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the Laws of the State of California. Arbitration and Venue: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by JAXIS pursuant to its Streamlined .Arbitration Rules and Procedures. The arbitrator shill be a retired judge. All decisions of the arbitrator shall be in writing, and the arbitrator shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this Agreement. Notwithstanding the forgoing, the parties shall be permitted to access the court system to enforce the arbitration award.The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County.' IN WITNESS WHEREOF, the parries have caused this Agreement to be executed by their duly authorized representatives. CUSTOMER: CLEAN HAREWS f:NVIROZ:S St mature m -�� Sit; nature t Pent Aamer1r)4anic %� `titleTide Date Date: leanHarbor5 Clean Harbors Environmental Services, Inc. 5756 Alba Street Los Angeles, CA 90058 www.cleanharbors.com October 10, 2012 Attn: Mr. Leonard Grossberg Vernon City Of Light and Power 4305 Santa Fe Avenue Vernon, CA 90058 Quote #1516521, Vernon City of Light and Power, Vernon, CA Dear Mr. Grossberg: Thank you for considering Clean Harbors (Transformer Services) for your transformer/electrical equipment recycling and PCB disposal needs. Clean Harbors has the proper permits and licensing for the acceptance and disposal of the waste streams identified in this quotation. Clean Harbors offers our clients a broad spectrum of environmental services and has the ability to dispose of hazardous material at or through a Clean Harbors owned and operated facility. In addition to managing your PCB waste streams and obsolete electrical equipment, Clean Harbors (Transformer Services) also provides: • Facility Decontamination/Remediation Services • PCB Contaminated Oil Retrofilling • Non -PCB Transformer Oil Reclamation/Dehydration/Degassing • Transformer Vacuum -Fills • Substation Dismantling I look forward to servicing your environmental and transformer needs. When you are ready to place an order, please contact me at the number listed below. Sincerely Mike Y Choi Transformer Services Line Of Business Sales Specialist Phone: 323.277.2500 _"I " Peol)le and Technology Creating a Safer, Cleaner EnviroYr. nen.t " leanHarboq October 10, 2012 Clean Harbors, Quote #1516521 ASK 1: DISPOSAL UNIT RATES ASK 2: T&M* ASK 3: TRANSPORTATION QUOTE SUMMARY Subtotal Estimated Recovery Fee Estimated Waste Fee QUOTE TOTAL Page 2 of 6 $744.76 N/A $460.00 $1,204.76 $210.91 $14.25 $1,429.92 * Task quantities are not estimated. Final billing will be based upon actual quantities of resources used and/or volumes of waste produced in performance of the quoted services. 0 "People and Technology Creating a Safer, Cleaner Environpnent' leanHarbor5 October 10, 2012 Clean Harbors, Quote #1516521 TASK 1: DISPOSAL UNIT RATES TRANSFORMERS 50-499 PPM Transformers Less than 2 PPM, all, Empty Transformers Less than 2 PPM, all, full Transformers 2-49 PPM, all, Empty Transformers 2-49 PPM, all, full Transformers DISPOSAL The following minimum price(s) will apply: Prorile/Waste Code UOM Minimum Price CHO 55 gallon drum $650.00 Page 3 of 6 1 LBS $0.20 1 $0.20 1 LBS -$0.12 1 -$0.12 1 LBS -$0.12 1 -$0.12 1 LBS -$0.10 1 -$0.10 1 LBS -$0.10 1 -$0.10 Total -$0.24 TASK 1: TOTAL ESTIMATE $744.76 Estimated Recovery Fee $130.41 Estimated Waste Fee $14.25 Estimated total, including Fees $889.42 Labor, Equipment, and Material utilized in the completion of this task will be invoiced at contract or list prices. WASTE CLASSIFICATIONS SPECIFICATIONS CBP Solids To Hazardous Landfill Source of PCB < 50 ppm Must not be prohibited from landfill Must not require stabilization or encapsulation PRIMARY DISPOSAL METHOD: HAZARDOUS LANDFILL "People and Technology Creating a Safer`, Cleaner Envir°onTnent" leanHarbor� October 10, 2012 Clean Harbors, Quote #1516521 WASTE CLASSIFICATIONS SPECIFICATIONS CHCI Capacitor For Incineration . PRIMARY DISPOSAL METHOD: INCINERATION TASK 2: T&M TASK 3: TRANSPORTATION Page 4 of 6 TASK 3: TOTAL $460.00 Estimated Recovery Fee $80.50 Estimated total, including Fees $540.50 GENERAL CONDITIONS • Except where superseded by an existing services agreement the following terms and conditions apply to this quoted business. • The customer hereby acknowledges that the estimated cost is based upon a preliminary appraisal by a Clean Harbors Field Representative, and that the amount invoiced by Clean Harbors will be based upon labor and materials actually expended in performing the scope of work. Any changes in the scope will be billed on a time and materials basis. • Clean Harbors guarantees rates are firm for 30 days and contingent on work being completed within 45 days. 'People and Technology Creating a Safer, Cleaner Environinent" leanftbor� October 10, 2012 Page 5 of 6 Clean Harbors, Quote #1516521 GENERAL CONDITIONS • For work to begin we ask that you acknowledge the quotation with a signature and provide the appropriate purchase order number. Where modifications to the scope of services become necessary, Clean Harbors will notify the customer promptly and obtain customer authorization for such modifications and a revised contract price will be established in order to finish the project. • This proposal is contingent on the customer providing full and complete access to the site. Customer represents and warrants to Clean Harbors that the customer has the legal right, title and interest necessary to provide access to the site. In addition, customer warrants that it has supplied Clean Harbors complete and accurate information regarding the site, subsurface conditions, utility locations, site ownership, hazardous materials or wastes and other substances or hazards likely to be present and any other reports, documentation or information concerning the scope of work. • Interest will be charged at 1.5% per month or the maximum allowed by law for all past due amounts. • Local, state and federal fees/taxes applying to the generating location/receiving facilities are not included in disposal pricing and will be added to each invoice as applicable. • Materials subject to additional charges if they do not conform to the listed specifications. • A variable Recovery Fee (that fluctuates with the DOE national average diesel price), currently at 17.5%, will be applied to the total invoice. • Pickups that require same day or next day service may be subject to additional charges. • Pickups cancelled within 72 hours of scheduling will be subject to cancellation charges. • Transportation charges to the final disposal facility. will be charged in addition to local transportation to our truck to truck hub/local facility and will vary with logistics and routing. • This proposal is submitted contingent upon the right to negotiate mutually acceptable contract terms and conditions, which are reflective of the work contemplated, and an equitable distribution of the risks involved therein. In the event that such agreement cannot be reached, Clean Harbors reserves the right to decline to enter into such an agreement without prejudice or penalty: • In the event that legal or other action is required to collect unpaid invoice balances, Customer agrees to pay all costs of collection, including reasonable. attorneys' fees, and agrees to the jurisdiction of the Commonwealth of Massachusetts. • All electrical equipment is to be de -energized, disconnected, and removed from its operating location. • Customer will be responsible for loading all material onto our vehicle. Two (2) hours is allowed for loading. Additional demurrage time will be billed at $85/hour. • Clean Harbors will provide a manifest and necessary labels for transportation. • Pricing is based on receipt of material with a removal from service for disposal date under 180 days old. The out of service date must be clearly identified on the manifest continuation sheet. • If the waste is rejected due to non-conformance, the customer will be responsible for return freight or additional handling/disposal fees. • All drums for disposal must be D.O.T. approved containers and in good condition. , "People and Technology Creating a Safer, Cleaner EnWronrnent" CleanHarbor5 October 10, 2012 Page 6 of 6 Clean Harbors, Quote #1516521 GENERAL CONDITIONS • Pricing for disposal of transformers is based on all of the internal components being in place when Clean Harbors Transformer Services receives the unit. • Oil for dechlorination will have total halogens (other than PCB) <250, <500 ppm moisture, and no free water. Free water will be charged an incineration rate of $425/55g drum. • If a scheduled pickup is canceled by the customer with less than 48 hours notice, the customer may incur cancellation fees. • Electrical equipment to be loaded full of liquid must be non -leaking. • Change orders will be presented for any work outlined in the scope of work. ACKNOWLEDGEMENT Your signature below indicates your acceptance of the pricing and terms detailed in the quote above. Thank you for the opportunity to be of service. Signature PO# Date Print Name Quote # 1516521 " "People and Technology Ca eating a Safer, Cleaner Environni.ent" °6�ai'�(Fie 'Vnl3✓,- °'' �,ii;i1;" _� a n,;0"II iu-tttuu • „;�J�aC4i�,lox December 11, 2012 Clean Harbors Environmental Services ATTN: Kathleen Gordon, Vertical Market Account Manager 5756 Alba Street Los Angeles, CA 90058 Re: Resolution No. 2012-199— A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and Clean Harbors Environmental Services for Lab Packing, Transportation and Disposal Services Dear Ms. Gordon: Transmitted herewith is a copy of the fully executed agreement as referenced above, approved by the City Council of the City of Vernon on October 23, 2012 through Resolution No. 2012-199. If you have any questions regarding this matter please contact Carlos Fandino, Director of Light and Power, at (323) 583-8811 Ext. 834. Very truly yours, ebbie Juarez Records Management Assistant DJ/yb Enclosure In a _"A NeanH ft,10�3 ENVIRONMENTAL S RVtCESO WAJ'IEAKAINNYUKIA'11UIN & IJl.NYU.NALAUKEEIVILINI Customer Name �___...........0 Qe C Q ( ) Customer Address 1 u c(n o n! C- A This Agreement is between the Customer identified below ("Customer"), and Clean Harbors Environmental Services, Inc. ("Clean Harbors"). In consideration of the mutual covenants contained herein, the parties agree as follows: Article 1. Term This Agreement shall have an initial term of one (1) year from the date hereof and shall continue in effect from year to year thereafter provided. Either party may terminate this Agreement at any time upon thirty (30) days prior written notice. Article 2. Services* This Agreement shall govern all labpack, transportation and disposal services ("Services") provided by Clean Harbors to Customer. This agreement does not apply to emergency response services. Article 3. Waste Materials Waste materials to be handled pursuant to this Agreement shall be agreed upon in advance in writing by Clean Harbors and Customer. At the time Customer requests the Services of Clean Harbors, Customer shall provide a Waste Profile Sheet or similar document ("Waste Profile") to Clean Harbors completely and accurately describing the waste materials. Article 4. Transfer of Waste and Title Waste materials which are discovered to be non -conforming may be rejected by Clean Harbors. Title, risk of loss and all other incidents of ownership to non -conforming wastes shall remain at all times with Customer. Waste materials shall be considered non- conforming if the waste materials are not properly packaged or labeled; or if the waste materials contain constituents or have characteristics or properties not disclosed on the Waste Profile. Customer shall pay Clean Harbors for the handling, transporting, storing and caring for and, if applicable, disposing of such non- conforming waste materials. Article 5. Payment Terms Payment terms shall be net thirty (30) days from the date of invoice. Interest will be charged at the rate of 1.5% per month, or the maximum amount allowed by law, on all amounts outstanding more than thirty (30) days. Customer shall be responsible for all costs incurred by Clean Harbors to collect any payments due under this Agreement, including reasonable attorneys' fees. The payment terms set forth herein are contingent upon the approval of Clean Harbors' Credit Department. In the event of a change in Customer's financial condition, Clean Harbors reserves the right to alter, change, or modify payment terms, and to immediately stop work. The failure of Clean Harbors to exercise its rights under this article at any time shall not constitute a waiver of Clean Harbors' continuing right to do so. Contractor shall be paid a total amount not to exceed $20,000.00 to perform the Services in accordance with Quote No. 1516521, dated October 10, 2012, a copy of which is attached hereto and incorporated as referenced as Exhibit A. Article 6. Customer Warranties Customer warrants that it has legal title or authority to waste; that the description of the waste materials on the Waste Profile is accurate and complete; that waste materials will conform to such description; that containers of waste materials will be marked, labeled and otherwise conform with all applicable law; and that it has communicated to Clean Harbors those hazards known by the Customer to be associated with the handling, transportation, treatment, storage and disposal of the waste materials. Article 7. Indemnification Indemnification: Clean Harbors agrees to defend, indemnify, protect and hold harmless Customer, its officers, officials, employees, agents, and volunteers from and against any and all claims , suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, includi.ng without limitation. interest. attornev's fees and expert witness fees. or liability of any kind or nature arising out of or attributable to the acts or omissions of Clean Harbors, or Clean Harbor's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of Customer, its officers, officials, employees, agents, or volunteers. Article 8. Insurance Clean Harbors shall maintain at its own expense during the term of this ALareement the following insurance coverages: COVERAGE LIMITS a. Worker's Compensation Statutory b. Employer's Liability $500,000 c. General Commercial Liability $1 million per occurrence $3 million aggregate d. Automobile $1 million per occurrence $1 million per annual aggregate e. Environmental Impairment for Clean Harbors' TSD Facilities $3 million per occurrence $6 million annual aggregate Article 9. Excuse of Performance The performance of this Agreement, except for the payment of money for Services already rendered, may be suspended by either party in the event performance of this Agreement is prevented by a cause(s) beyond its reasonable control. Article 10. Additional Provisions Entire Agreement - This Agreement represents the entire understanding and agreement between the parties. Additional, conflicting or different terms on any Purchase Order or other preprinted document issued by Customer shall be void and are hereby expressly rejected by Clean Harbors. Any modifications to this Agreement shall be in writing and shall be signed by Customer and Clean Harbors. Law to Apply - The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the Laws of the State of California. Arbitration and Venue: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the arbitrator shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this Agreement. Notwithstanding the forgoing, the parties shall be permitted to access the court system to enforce the arbitration award.The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County." IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives. CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. Print Name Cm Title,sr. t}*•C.'Z Sicit?rt`t' Date: CITY OF VERNON A By: 41� Name: William Davis Title Mayor Date: w "3b/2- ATT ST: Dan Reed, Acting City Clerk APPROVED AS FORM: i / Nicholas 1�"odriguez, City Attorney EXHIBIT A CleanHarbor5 Clean Harbors Environmental Services, Inc. 5756 Alba Street Los Angeles, CA 90058 www.cleanharbors.com October 10, 2012 Attn: Mr. Leonard Grossberg Vernon City Of Light and Power 4305 Santa Fe Avenue Vernon, CA 90058 Quote #1516521, Vernon City of Light and Power, Vernon, CA Dear Mr. Grossberg: Thank you for considering Clean Harbors (Transformer Services) for your transformer/electrical equipment recycling and PCB disposal needs. Clean Harbors has the proper permits and licensing for the acceptance and disposal of the waste streams identified in this quotation. Clean Harbors offers our clients a broad spectrum of environmental services and has the ability to dispose of hazardous material at or through a Clean Harbors owned and operated facility. In addition to managing your PCB waste streams and obsolete electrical equipment, Clean Harbors (Transformer Services) also provides: • Facility Decontamination/Remediation Services • PCB Contaminated Oil Retrofilling • Non -PCB Transformer Oil Reclamation/Dehydration/Degassing • Transformer Vacuum -Fills Substation Dismantling I look forward to servicing your environmental and transformer needs. When you are ready to place an order, please contact me at the number listed below. Sincerely Mike Y Choi Transformer Services Line Of Business Sales Specialist Phone: 323.277.2500 " Peol?le and Technology Creating a Safer, Cleaner Environment" CleanHarbor5 October 10, 2012 Page 2 of 6 Clean Harbors, Quote #1516521 QUOTE SUMMARY *Task quantities are not estimated. Final billing will be based upon actual quantities of resources used and/or volumes of waste produced in performance of the quoted services.. 0 "People and eehnolo`yry� Creating a Sctfer, Cleaner EnvironrnMt,, Clea&arbor5 October 10, 2012 Clean Harbors, Quote #1516521 TASK 1: DISPOSAL UNIT RATES TRANSFORMERS 50-499 PPM Transformers Less than 2 PPM, all, Empty Transformers Less than 2 PPM, all, full Transformers 2-49 PPM, all, Empty Transformers 2-49 PPM, all, full Transformers DISPOSAL 1 LBS 1 LBS 1 LBS 1 LBS 1 LBS Page 3 of 6 $0.20 1 $0.20 -$0.12 1 -$0.12 -$0.12 1 -$0.12 -$0.10 1 -$0.10 -$0.10 1 -$0.10 Total -$0.24 CBP SOLIDS TO HAZARDOUS LANDFILL 1 55 gallon drum $95.00 $95.00 CHCI CAPACITOR FOR INCINERATION 1 pounds $1.85 ' $650.00 Total $745.00 'The following minimum price(s) will apply: Profile/Wasie Code UOM Minimum Price CHCI 55 gallon drum $650.00 TASK 1: TOTAL ESTIMATE $744.76 Estimated Recovery Fee $130.41 Estimated Waste Fee $14.25 Estimated total, including Fees $889.42 Labor, Equipment, and Material utilized in the completion of this task will be invoiced at contract or list prices. WASTE CLASSIFICATIONS SPECIFICATIONS CBP Solids To Hazardous Landfill Source of PCB < 50 ppm Must not be prohibited from landfill Must not require stabilization or encapsulation PRIMARY DISPOSAL METHOD: HAZARDOUS LANDFILL •","People and Technology Creating a S(## , r, Cleaner Environment" CleanHarbor5 October 10, 2012 Page 4 of 6 Clean Harbors, Quote #1516521 WASTE CLASSIFICATIONS SPECIFICATIONS CHCI Capacitor For Incineration PRIMARY DISPOSAL METHOD: INCINERATION TASK 2: T&M TASK 3: TRANSPORTATION TASK 3: TOTAL $460.00 Estimated Recovery Fee $80.50 Estimated total, including Fees $540.50 GENERAL CONDITIONS • Except where superseded by an existing services agreement the following terms and conditions apply to this quoted business. • The customer hereby acknowledges that the estimated cost is based upon a preliminary appraisal by a Clean Harbors Field Representative, and that the amount invoiced by Clean Harbors will be based upon labor and materials actually expended in performing the scope of work. Any changes in the scope will be billed on a time and materials basis. • Clean Harbors guarantees rates are firm for 30 days and contingent on work being completed within 45 days. -:A. "People and Technology Creating a Sa r, C.'leoner Env ron.m.ent" CleanHarbor� October 10, 2012 Page 5 of 6 Clean Harbors, Quote #1516521 GENERAL CONDITIONS • For work to begin we ask that you acknowledge the quotation with a signature and provide the appropriate purchase order number. Where modifications to the scope of services become necessary, Clean Harbors will notify the customer promptly and obtain customer authorization for such modifications and a revised contract price will be established in order to finish the project. • This proposal is contingent on the customer providing full and complete access to the site. Customer represents and warrants to Clean Harbors that the customer has the legal right, title and interest necessary to provide access to the site. In addition, customer warrants that it has supplied Clean Harbors complete and accurate information regarding the site,, subsurface conditions, utility locations, site ownership, hazardous materials or wastes and other substances or hazards likely to be present and any other reports, documentation or information concerning the scope of work. • Interest will be charged at 1.5% per month or the maximum allowed by law for all past due amounts. • Local, state and federal fees/taxes applying to the generating location/receiving facilities are not included in disposal pricing and will be added to each invoice as applicable. •. - Materials subject to additionalcharges if they do not conform to the listed specifications. • A variable Recovery Fee (that fluctuates with the DOE national average diesel price), currently at 17.5%, will be applied to the total invoice. • Pickups that require same day or next day service may be subject to additional charges. • Pickups cancelled within 72 hours of scheduling will be subject to cancellation charges. • Transportation charges to the final disposal facility will be charged in addition to local transportation to our truck to truck hub/local facility and will vary with logistics and routing. • This proposal is submitted contingent upon the right to negotiate mutually acceptable contract terms and conditions, which are reflective of the work contemplated, and an equitable distribution of the risks involved therein. In the event that such agreement cannot be reached, Clean Harbors reserves the right to decline to enter into such an agreement without prejudice or penalty. • In the event that legal or other action is required to collect unpaid invoice balances, Customer agrees to pay all costs of collection, including reasonable attorneys' fees, and agrees to the jurisdiction of the Commonwealth of Massachusetts. • All electrical equipment is to be de -energized, disconnected, and removed from its operating location. • Customer will be responsible for loading all material onto our vehicle. Two (2) hours is allowed for loading. Additional demurrage time will be billed at $85/hour. • Clean Harbors will provide a manifest and necessary labels for transportation. • Pricing is based on receipt of material with a removal from service for disposal date under 180 days old. The out of service date must be clearly identified on the manifest continuation sheet. • If the waste is rejected due to non-conformance, the customer will be responsible for return freight or additional handling/disposal fees. • All drums for disposal must be D.O.T. approved containers and in good condition. "People and Technology Creating a Sc fcr, Cleaner Environment" rkaoHarbor5 October 10, 2012 Page 6 of 6 Clean Harbors, Quote #1516521 GENERAL CONDITIONS • Pricing for disposal of transformers is based on all of the internal components being in place when Clean Harbors Transformer Services receives the unit. • Oil for dechlorination will have total halogens (other than PCB) <250, <500 ppm moisture, and no free water. Free water will be charged an incineration rate of $425/55g drum.' If a scheduled pickup is canceled by the customer with less than 48 hours notice, the customer may incur cancellation fees. • Electrical equipment to be loaded full of liquid must be non -leaking. • Change orders will be presented for any work outlined in the scope of work. ACKNOWLEDGEMENT Your signature below indicates your acceptance of the pricing and terms detailed in the quote above. Thank you for the opportunity to be of service. Signature PO# Date Print Name Quote # 1516521 a "Pc vple cr»cl Tech.rwlo�ry C> eating cr Scrfer°, C'lecn�er Environment" CC DECEIVED RECEIVED. OCT 16 2012 OCT 18 2012 CITY ADMINISTRATION CITY CLERKS OFFICE STAFF REPORT mp/,�c LIGHT & POWER DATE: TO: FROM: RE: October 16, 2011 Honorable Mayor and City Council Carlos R. Fandino& , Jr. Director of Light Power �1c)—i ? _ 2 Clean Harbors Environmental Due to EPA regulations, the City of Vernon has determined a need to recruit Clean Harbors Environmental Services, a provider that will manage hazardous waste disposal, emergency response, lab chemical packing, and recycling for the City. The City wishes to establish the contract for Clean Harbors' services on an "as needed" basis. Based on cost analysis of previous similar provisions delivered to the City, it is estimated that the yearly expense for the service will be approximately 20K. Specifically, the agreement with Clean Harbors shall govern all lab packing, transportation and disposal services.. Waste materials to be handled pursuant to this agreement shall be agreed upon in advance in writing by Clean Harbors and the City. CEQA Analysis The project consists of the removal and disposal of sealed containers of hazardous waste generated by the City of Vernon. The wastes will be disposed of in accordance with Local, State and Federal laws and regulations. The total estimated value of the work is $20,0100. The project is Categorical exempt under the California Environmental Quality Act (CEQA) Guideline 15330. This Class 30 Exemption consist of any minor clean up actions taken to prevent, minimize, stabilize, mitigate or eliminate the release or threat of release of a hazardous substance which are small or medium removal actions costing $1 million or less. This Class 30 Categorical exemption reads: "Class 30 consists, of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. Page - 2 (a) No cleanup action shall be subject to this Class 30 exemption if the action requires the onsite use of a hazardous waste incinerator or thermal treatment unit or the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds as defined in Health and Safety Code Section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District. All actions must be consistent with applicable state and local environmental permitting requirements including, but not limited to, off -site disposal, air quality rules such as those governing volatile organic compounds and water quality standards, and approved by the regulatory body with jurisdiction over the site. (b) Examples of such minor cleanup actions include but are not limited to: (1) Removal of sealed, non -leaking drums or barrels of hazardous waste or substances that have been stabilized containerized and are designated for a lawfully permitted destination; (2) Maintenance or stabilization of berms, dikes, or surface impoundments; (3) Construction or maintenance or interim of temporary surface caps; (4) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; (5) Excavation and/or offsite disposal of contaminated soils or sludges in regulated units; (6) Application of dust suppressants or dust binders to surface soils; (7) Controls for surface water run-on and run-off that meets seismic safety standards; (8) Pumping of leaking ponds into an enclosed container; (9) Construction of interim or emergency ground water treatment systems; (10) Posting of warning signs and fencing fora hazardous waste or substance site that meets legal requirements for protection of wildlife." Page — 3 CEQA Analysis (for Resolution) The City Council finds that the disposal of City generated hazardous waste is categorically exempt under the California Environmental Quality Act (CEQA) guidelines, Section 15330 RECOMMENDATION It is recommended that the City Council approve the attached service agreement with Clean Harbors at the October 23, 2012 Special Meeting. CRF:ah Attachment