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HomeMy WebLinkAbout7.3 ABAG Household Hazardous Waste Collect CITY OF DUBLIN �O AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 27, 1987 SUBJECT ABAG - Alameda County Pilot Household Hazardous Waste Collection Program EXHIBITS ATTACHED Proposed Service Contract; Site Map RECOMMENDATION Approve City participation and authorize Mayor to execute agreement FINANCIAL STATEMENT: ABAG will contribute $10, 000 seed money for the collection day. City of Dublin share is estimated at $1, 900-$2, 500. Costs will be paid through the solid waste rate structure. DESCRIPTION At the regular City Council meeting on December 22, 1986, the Council reviewed a proposal for participation in a Household Hazardous Waste Program. The Program was being organized under the auspices of the Association of Bay Area Governments (ABAG) . The City Council granted conceptual approval and directed Staff to obtain additional information on funding options and logistics . ABAG has proposed the establishment of six collection days in Alameda County. The intent is to provide residents with a legitimate method to dispose of household hazardous materials . This reduces the chance of contamination of ground water or injury to residential trash haulers . ABAG has grouped the Cities of Dublin, Livermore and Pleasanton for a scheduled collection on Saturday, June 6, 1987 . The types of toxic products collected include household cleaners, flea powders, pesticides, paints and varnish, motor oil and anti-freeze . Based on previous programs in the County, ABAG has prepared an estimate of potential costs for participation. The actual costs will not be determined until after the collection day. The cost will be based on the amount of waste collected. ABAG will be providing $10, 000 in seed money for the collection day. The remaining costs will be distributed between the Cities based on the number of residents participating. ABAG estimates that the City of Dublin ' s share after the ABAG contribution would be between $1, 900 and $2, 500 . ABAG has proposed to operate the program through a contract with Oakland Scavenger Company (OSC) . Chemical Waste Management Inc . , will be a subcontractor on the project. Both companies are wholly owned by Waste Management Inc . , which recently purchased OSC. The cost of the clean-up day includes a base set-up charge plus a surcharge for all waste collected. The costs are shown in Exhibit C of the agreement. The base costs for the Dublin, Livermore, Pleasanton collection is $10, 228. Therefore, the grant provided by ABAG is covering the majority of this cost and the Cities will incur the disposal costs . In addition to the grant and coordination of the program, ABAG will be providing public information at no charge to the cities . OSC has agreed to allow cities currently served by their company to include the cost in the rate structure. This proposal has also been reviewed by the Joint Refuse Rate Review Committee. The inclusion of this one day collection will not have an immediate effect on local garbage collection rates . The cost can be absorbed by excess reserves, however, the initiation of this program will escalate the anticipated date of the next rate increase . Given the ABAG contribution and the fact that the program has ----------------------------------------------------------------------------- TO: ITEM NO. ,� AGENDA STATEMENT: ABAG - Alameda County Pilot Household Hazardous Waste Collection Program Page 2 never been offered in this area, Staff would recommend that the net cost be recovered through the rate structure. The agreement has been prepared to include this recommendation. Prior to involvement in any future collections, Staff will re-evaluate funding options and advise the City Council of the alternatives . The City of Livermore will act as the Lead City for our area. An appropriate location has been selected in North Livermore near the Airway Boulevard exit from I-580 . The City of Livermore currently has street improvements constructed on North Canyons Parkway. The adjacent parcels are undeveloped and traffic in this area is light. In addition, freeway access for residents from all three cities is reasonably good. A site map has been provided for your reference. OSC and Chemical Waste Management are only authorized by law and internal policies to accept specified wastes . Therefore, each area must determine the manner in which excluded wastes are to be handled. Disposal of Radioactive Waste and Gas Cylinders can be extremely costly and Staff would recommend that this type of waste should not be accepted at the collection day. The companies providing the disposal services have also indicated exclusion of wastes containing dioxin precursers . This chemical is found in some weed killers and wood preservatives which can be purchased by residents . If residents are not provided with a disposal method, hazardous materials experts fear that the material may be illegally dumped. This could adversely impact the communities sewage treatment system or ground water. Therefore, OSC has agreed to package all dioxin waste into a single lab package. The State Department of Health indicated that the products can be used in accordance with the original instructions of the manufacturer . In previous collection days in the Tri-Cities area, the lead city retained possession of the excluded waste. Staff has noted in the contract that dioxin wastes will remain with the lead city. All other excluded waste is to be returned to the individual . ABAG representatives have indicated that they are continuing to evaluate disposal options for the dioxin precursors . City Staff will be continuing to work with representatives from the Cities of Livermore and Pleasanton to plan the collection day. The program may require the assistance of community volunteers and/or public safety personnel . Staff does not anticipate that the City of Dublin will incur substantial costs for personnel in conjunction with the program. Staff would recommend that the City Council approve the City' s participation in the program and authorize the Mayor to execute the agreement. ---------------------------------------------------------------------------- COPIES TO: ITEM NO. ASSOCIATION OF BAY AREA GOVERNMENTS SERVICE CONTRACT THIS AGREEMENT is dated as of day of , by and among Oakland Scavenger Co., Inc. (the "Contractor"), the Cities of Livermore, Dublin, and Pleasanton (collectively, the "Cities"), and the Association of Bay Area Governments ("ABAG"). 1. Recitals. This contract is funded in part by a grant from the United States Environmental Protection Agency ("EPA") for the conduct of the Section 205(j) Water Quality Management Planning Program under grant contract No. 5-179-250-0 (the "Grant Contract") between ABAG and the State Water Resources Control Board (SWRCB). None of the United States nor the State of California, nor any of their respective departments, agencies, or employees is a party to this contract. 2. Engagement of Independent Contractor. ABAG and the Cities agree to engage Contractor and Contractor hereby agrees to undertake, carry out, and complete certain work set forth under Section 3, "Scope of Services". Contractor renders services under this contract as an independent contractor. None of Contractor's agents or employees shall be agents or employees of ABAG or the Cities, unless agreed to by ABAG or a City in a separate writing. 3. Scope of Services. Contractor, Cities and ABAG shall diligently prosecute, perform, and carry out in a satisfactory and proper manner the work and services described and set forth in the Scope of Work attached as Exhibit A and incorporated herein. 4. Time of Performance. Contractor, Cities, and ABAG shall complete their respective tasks as set forth in the Work Schedule attached as Exhibit B and incorporated herein. Any party may be entitled to a reasonable extension of time for completion of the work for any delay in completion which is due to any unforeseeable cause beyond the control and without the fault or negligence of the party seeking the extension. If any party believes the facts establish a basis for a time extension, the party's Project Director/Manager/Coordinator shall submit such claim in accordance with the provisions of Section 6 of this contract. Continuation of work by Contractor beyond September 30, 1987 shall require the prior written approval of ABAG. S. Compensation, A. ABAG and Cities shall pay Contractor and Contractor shall accept a sum determined pursuant to the Fee Schedule, attached as Exhibit C, and incorporated herein, as full compensation for all costs and expenses and for all work performed pursuant to this contract, and all applicable state and local sales and use taxes. The compensation to Contractor shall be payable as set forth in Exhibit C. B. Contractor shall submit invoices prepared pursuant to Invoice Preparation Guidelines, attached as Exhibit D and incorporated herein. Contractor shall maintain such records as are necessary to verify all hours worked and expenses incurred and such records shall be available for inspection at all reasonable times during the term of this contract and for three (3) years following final settlement by ABAG, SWRCB, EPA or any designated representative. 6. Disputes A. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under or relating to the performance of this contract which is not disposed of by agreement shall be decided by ABAG's Project Manager, who shall reduce her decision to writing and mail or otherwise furnish a copy thereof to Contractor's Project Director, each City's Project Coordinator and to ABAG's Executive Director. The decision of ABAG's Project Manager shall be final and conclusive unless, within thirty (30) calendar days from the date of mailing or delivery of such copy, a written appeal is delivered to ABAG's Executive Director. The decision of ABAG's Executive Director, or his duly authorized representative, shall be final and conclusive unless otherwise determined by a court of competent jurisdiction. In connection with an appeal proceeding under this clause, the parties shall be afforded an opportunity to be heard and to offer evidence regarding the subject matter of the appeal. Pending final decision of a dispute hereunder, all the parties shall proceed diligently with the performance of the contract in accordance with the written decision of ABAG's Project Manager. B. No interpretation of this section shall infringe the rights of the parties hereto to the pursuit of a remedy in court of competent jurisdiction. �. -2- C. Legal questions may be considered in connection with the resolution of disputes as set forth in subsection A of this Section, provided that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 7. Changes in Work. A. By written change order, ABAG's Project Manager may at any time, as the need arises, order changes (including without limitation, services to be provided, times of performance and suspension of services) within the scope of the work without invalidating the contract; provided, that any change which increases the compensation due, increase the time required for performance, or result in a substantial change in the work, will not be made without the written approval of each party's Project Director/Coordinator. B. Change orders which do not increase the amount due under the contract, increase the time required for performance, or result in a substantial change in the work shall be subject to the terms and conditions of the contract and, upon execution, shall become a part of this contract. C. Any extensions of the original term of this contract shall be subject to the availability of funds for the appropriate fiscal year. 8. Termination A. If, through any cause, Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if Contractor shall violate any covenants, conditions, contracts, or stipulations of this contract, then ABAG may terminate this contract by giving not less then ten (10) days prior written notice of such termination which specifies the effective date thereof. Upon termination under this subsection, all unfinished or finished documents, data, studies, surveys, drawings, maps, models, photographs, reports, and other materials, prepared by Contractor, if any, under this contract, shall, at the option of ABAG, become its property and Contractor shall be entitled to receive just and equitable compensation for satisfactory work completed under this contract to the date of termination provided the amount due does not exceed the base costs set forth in Exhibit C if this contract is terminated prior to the Collection Date (as defined in Exhibit A). Notwithstanding the above, Contractor shall not be relieved of liability to ABAG and/or the Cities for damages sustained by ABAG and/or the Cities by virtue of any breach of the -3- contract by Contractor. ABAG and/or the Cities may withhold any payment to Contractor for the purpose of set-off until such time as the exact amount of damage due ABAG from Contractor is determined. B. ABAG may terminate this contract at any time by giving not less than fifteen (15) days prior written notice of termination to Contractor which shall specify the effective date thereof. Upon termination under this paragraph, all finished or unfinished documents and other mater.ials described in subsection A shall at the option of ABAG become its property and Contractor shall be entitled to receive just and equitable compensation for satisfactory work completed under this contract to the date of termination provided the amount due does not exceed the base costs set forth in Exhibit C if this contract is terminated prior to the Collection Date. C. If, after termination for failure of Contractor to fulfill contractual obligations, it is determined that Contractor has not so failed, the termination shall be deemed to have been effected for the convenience of ABAG. In such event, adjustment of the price provided for in this contract shall be made as provided in Subsection B. 9. Annulment. Contractor understands that this contract may be unilaterally annuled for the reasons specified in Title 40 C.F.R. Part 30.904 and, that if it is so annulled, all federal grant funds previously paid to Contractor shall be returned or credited to ABAG in accordance with Title 40 C.F.R. Part 30.904. 10. . Subcontractors. Contractor may not subcontract any of the services provided for under this contract without the express written approval of ABAG, which approval shall not be unreasonably withheld. Approval of a subcontractor does not relieve Contractor of its responsibility to complete its obligations under this contract. Contractor's subcontract with Chemical Waste Management, Inc. for the services set forth in Attachments 2 and 3 to Exhibit A, incorporated herein is hereby approved. Upon termination of any subcontract, ABAG shall be notified immediately. 11. Project Officials A. ABAG's Project Manager shall be Emy Chan Meiorin who shall be ABAG's representative for administration of the contract and shall have authority to make determinations and findings with respect to each controversy arising under or in connection -4- with the interpretation, performance, or payment for work performed under this contract. Disputes shall be resolved in accordance with Section 6 of this contract. All communications given to ABAG's Project Manager. shall be as binding as if given to ABAG. B. Contractor's Project Director shall be John Sheahan who shall be Contractor's representative for the administration of the Contract and shall have full authority to act on behalf of Contractor. All communications given to Contractor's Project Director shall be as binding as if given to Contractor. C. Each City's Project Coordinator shall be the City's representative for the administration of the contract and shall have full authority to act on behalf of the City. All communication given to the City Project Coordinator shall be as binding as if given to the City. City Project Coordinator Dublin Paul Rankin, Assistant to the City Manager Livermore Pleasanton 12. Insurance/Performance Bond/Hold Harmless. A. Contractor agrees to furnish and keep in full force and effect during the term of this contract the following insurance: (1) Workers' Compensation and Employer's Liability as required by the laws of California, covering all persons employed by Contractor. (2) General Liability for Bodily Injury and Property Damage, including owned and non-owned Automobile Liability, excluding claims for bodily injury and/or property damage caused by release of hazardous materials (General Liability Insurance). B. The insurance coverage required under Subsection A (2) shall have limits of One Million Dollars ($1,000,000) per person/One Million Dollars ($1,000,000) per occurrence to a maximum of Ten Million Dollars ($10,000,000) in the aggregate (Required Limits); provided that if the limits of Coverage for the General Liability Insurance provided is less than the Required Limits, Contractor may provide, in addition to such insurance, the opinion set forth in Subsection E(2) of this section. -5- C. Contractor shall review its policies of insurance and determine whether the coverage required under Subsection 12A(2) is provided to it on a "claims made" or "occurrence" basis. Contractor shall, upon execution, attach a written statement of its determination to the contract as Exhibit F, Attachment 1, and forward a copy of the policy of insurancy to ABAG. Contractor, ABAG and the Cities agree that if Contractor's General Liability insurance is provided on a "claims made" basis, Contractor shall: (1) Annually provide a certificate of insurance showing compliance with the requirements of Subsections A(2), B and D to ABAG and each of the Cities for a period covering up to and including the fourth anniversary date after the Collection Date; or (2) Provide a certificate of insurance showing Contractor's purchase of prior acts insurance covering its activities under this contract, said prior acts insurance to comply with the requirements set forth in Subsections A(2), B and D. D. ABAG and the Cities shall be additional named insureds under the policies of insurance. E. (1) Contractor shall provide a written opinion of a Certified Public Accountant, Actuary or insurance professional, that Contractor regularly maintains sufficient retained earnings to pay Contractor's self-insured retention for the General Liability Insurance. (2) If required under Subsection B of this Section, Contractor shall provide a written opinion of a Certified Public Accountant, Actuary or insurance professional that Contractor regularly maintains sufficient retained earnings to pay losses which exceed the limits of coverage for the General Liability Insurance Coverage actually in effect up to the Required Limits for such Insurance. F. Contractor shall provide a Faithful Performance Bond issued by a surety authorized to transact business in the State of California in an amount equal to one and one half times the base contract price. G. Proof of the above-referenced insurances and Performance Bond shall be attached to this Contract, except that proof of insurance required under Subsection C(1) shall be provided to ABAG within ten (10) working days after the expiration of the preceding required coverage. -6- H. Contractor shall .require each subcontractor to comply with Subsections A through C, inclusive, and E through G, of this Section. I. Contractor shall defend at its sole cost, indemnify and hold harmless ABAG and each of the Cities from and against claims, demands, actions or causes of actions which may arise or which may allege to have arisen from, or in connection with the following: (1) The introduction of any pollutant, hazardous material, toxic material or other chemical into a sewer, stream, watercourse, or the soil where the introduction of such material is to have occurred on the Collection Site during the Collection Date, or at any place anytime after the Collection Date and prior to delivery of such materials to an appropriate disposal site; and (2) The release of any pollutant, hazardous materials, toxic materials, or any other chemicals into the air on the Collection Site during the Collection Date while such material is in the physical or constructive possession of the Contractor, its employees, agents, contractors, subcontractors, or assigns, or at any place after the Collection Date and prior to delivery of such materials to an appropriate disposal site; and (3) The exposure of any person or persons to any pollutant, hazardous materials, toxic materials , or other chemicals at the Collection Site on the Collection Date while such material is in the physical, or constructive possession of the Contractor, its employees, agents, contractors, subcontractors, or assigns, or at any place after the Collection Date and prior to delivery of such materials to an appropriate disposal site. J. Contractor's obligation to defend, indemnify and hold harmless ABAG and each of the Cities shall not extend to any claims, demands, actions or causes of actions which may arise, or may allege to have arisen, from or in connection with the following: (1) The release of any pollutant, hazardous materials , toxic materials or other chemicals while such materials are being transported to the Collection Site on the Collection Date; and (2) The introduction of any paint into a sewer, stream, watercourse, the soil or the air and exposure of any person or property to paint while such paint is being removed; or after it has been removed, from a paint drop box on the Collection Site on the Collection Date by someone other than the Contractor, its employees, agents, subcontractors, or assigns; or -7- (3) The release of any pollutant, hazardous materials, toxic materials, or any other chemical; or the exposure of any person or property to such material caused by the negligence of ABAG and/or any of the Cities in directing vehicular traffic to the Collection Site; or (4) The City's status as a waste generator. 13. Grant Contract Requirements. Contractor and Cities acknowlege that ABAG is obligated, in accordance with its Grant Contract to comply with the applicable provisions of federal regulations contained in Title 40 Code of Federal Regulations (C.F.R.) Parts 25, 29, 30, 32, 33, and 35, and any conditions in the underlying grant agreement between EPA and SWRCB, and amendments thereto. To ensure that ABAG can meet these obligations, Contractor and Cities warrant, represent, and agree that they and their respective subcontractors, employees, and representatives will comply with (1) all applicable provisions of Title 40 C.F.R. Parts 29, 30, 32, 33, and 35 and (2) all general and special conditions contained in the EPA/SWRCB grant agreement dated September 30, 1985, attached as Exhibit E and incorporated herein. 14. Drawings and Data. Contractor agrees that all data, plans, drawings, specifications, recordings, reports, computer programs, computerized data bases, operating manuals, notes, and other work produced in the performance of this contract, or in contemplation thereof, are subject to the rights of ABAG as set forth in this section, and of the Federal government as set forth in Title 40 C.F.R. Part 30, Subpart K, and.Appendix C to Title 40 C.F.R. Part 30. ABAG, SWRCB, and the Federal government shall have the right to reproduce, publish, and use all such consultant work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, ABAG is granted all copyrights to such work. 15. Access to Facilities and Records. A. Contractor and all subcontractors shall maintain books, records, documents, and other evidence directly pertinent to performance of EPA grant work under this contract in accordance with generally accepted accounting principles and Title 40 C.F.R. Parts 30.501, 30.502 and 30.800. Contractor shall also maintain the financial information and data used by Contractor in the preparation or support of the cost submission required under Title 40 C.F.R. Part 33.290, effective on the date this contract is fully executed, and a copy of the cost summary submitted to ABAG. At all reasonable times during the term of this contract and for three (3) years following final settlement, EPA, the Comptroller General of the United States, the United States Department of Labor, the Auditor General, SWRCB, the State of California, and ABAG, where applicable, or any of their duly authorized representatives shall have access to such books, records, documents, and other evidence for the purpose of inspection, audit, and copying. Contractor shall provide proper facilities for such access and inspection. In addition, upon reasonable notice to Contractor, the above agency shall have access to visit the facilities and premises related to the work to be done under this contract. B. Contractor shall include paragraphs A. and B. of this Section in all Contractor's second tier subcontracts directly related to the Section 205(j) Water Quality Management Planning Program Performance which are in excess of Ten Thousand Dollars ($10,000). C. ABAG shall make available any documents or records, received or obtained from the Contractor under Sections 5, 6, 16, 23 and subsection A and B of this Section, which are reasonable necessary to a performance audit under this Agreement, to any of the Cities which requests such documents or records. 16. Audits and Record. Contractor agrees to maintain an adequate system for financial management, property management, and audit in accordance with Title 40 C.F.R. Parts 30.505, 30.510, 30.535 and 30.540, and that it will maintain, perserve, and make available to ABAG, SWRCB, and EPA all project records for the purpose of inspection, interim and final audit, and copying as required by Title 40 C.F.R. Parts 30.501, 30.502, 30.540 and 30.800 or Title 40 C.F.R. Chapter 1 Subchapter B. 17. Equipment. No equipment shall be purchased by the Contractor with funds provided under this contract. Equipment, as defined in the State Administrative Manual ` j -9- Section 8652, shall include all movable articles of nonexpendable property which have all the following characteristics: (1) A normal useful life, including extended life due to repairs, of two (2) years or more; (2) An identity which does not change with use; i.e., not consumed by use or converted by fabrication into some other form of property; (3) A nature that makes formal property accountability practical; and (4) An approximate unit cost of One Hundred Fifty Dollars ($150) or more for other than land or structures. 18. Interest of Contractors. Contractor covenants that neither it nor any of its subcontractors presently have any interest, and they shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services under this contract. Contractor further covenants that in the performance of this contract, no person having any such interest shall be employed by it or any or its subcontractors. 19. Covenant Against Contingent Fees. Contractor warrants that no person or selling agency has been employed or retained by it or any of its subcontractors to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees. For breach or violation of this warranty, ABAG shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 20. Disallowed Costs. The parties acknowledge that services performed under this contract may be subject to a final audit by EPA. In the event that ABAG is charged with costs as a result of this audit due to unallowable charges of Contractor which have heretofore been paid by ABAG to Contractor, Contractor agrees to reimburse ABAG for such charges, provided that the Contractor receive notice of such audit in time to contest, to ABAG and/or EPA, such unallowable charges. The Cities will not reimburse ABAG. 21. Gratuities. A. If it is found, after notice and hearing by SWRCB or ABAG, that gratuities (in the form of entertainment, gifts or otherwise) were offered or given by Contractor or any agent or representative of Contractor to any official, employee, or agent of EPA, SWRCB, -10- 't•%r.'1iT or ABAG with a view towards securing a contract or securing favorable treatment with respect to the awarding or amending of contracts or subcontracts, or the making of any determinations with respect to the performance of this contract, ABAG may, by written notice to Contractor, terminate the right of Contractor to proceed under this contract and/or may pursue such other rights or remedies provided by law or under this contract; provided, that the existence of the facts upon which ABAG or SWRCB makes such findings shall be an issue and may be reviewed in proceedings pursuant to Section 6 of this contract. B. In the event this contract is terminated as provided in Subsection A hereof, ABAG shall be entitled (1) to pursue the same remedies against Contractor as it could pursue in the event of a breach of the contract by Contractor, and (2) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages, as determined by ABAG, in an amount which shall not be less than three (3) or more than ten (10) times the costs incurred by Contractor in providing any such gratuities to any such officer or employee. 22. DBE/WBE. In connection with the performance of the contract, the Contractor will maximize the utilization of disadvantaged/women business enterprises and will use its best efforts to ensure that disadvantaged/women business'enterprises shall have the maximum opportunity to compete for subcontract work under this contract, if any. A Disadvantaged Business Enterprise is a business in which at least 50% of which is owned by Disadvantaged Group members, or in case of publicly owned businesses, at least 51% of the stock is owned by Disadvantaged Group members. A Women Business Enterprise is a business whereby 51% of the controlling interest in the company is owned by women. Disadvantaged Group members are defined as members of'Black Americans, Spanish-surnamed Americans, American Orientals, American Indians, American Eskimos and American Aleuts. 23. Fair Employment Practices. A. In the performance of this contract, Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin, or physical handicap. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex, age, national origin, or physical handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of �t�ci3w; y� pay or other forms of compensation; and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of its Fair Employment Practices section. B. Contractor will permit access to its records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by SWRCB, for the purpose of investigation to ascertain compliance with the Fair Employment Practices section of this contract. C. Remedies for willful violation: (1) ABAG may determine a willful violation of the Fair Employment Practices provision to have occured upon receipt of a final judgment having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has investigated and determined that Contractor has violated the Fair Employment Practices Act and has issued an order, under California Labor Code Section 1426, which has become final, or obtained an injunction under California Labor Code Section 1429. (2) For willful violation of this Fair Employment Practices Provision, ABAG shall have the right to terminate this contract either in whole or in part and any loss or damage sustained by ABAG and/or the Cities in securing the goods or services hereunder shall be borne and paid for by Contractor and by its surety under the performance bond, if any, and ABAG and/or the Cities may deduct from any monies due or that thereafter may become due to Contractor, the difference between the price named in the contract and the actual cost thereof to ABAG and/or the Cities. 24. Assignability. Contractor shall not assign nor transfer any interest in this contract without prior written consent of ABAG, provided, however, that claims for money due or to become due to the Contractor from ABAG under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to ABAG Project Manager. 25. Waivers. Any waiver at any time by either party of rights with respect to a default or other matter arising under the contract shall not be considered a waiver of rights with ( respect to any other default or matter. `�- -12- nrF 1.� 26. Commencement. This contract shall commence upon its execution by ABAG, the Contractor and the Lead City, or a Participating City which agrees to assume the Lead City's responsibilities. IN WITNESS WHEREOF, the parties have set their hands on the dates set forth below. ASSOCIATION OF BAY AREA GOVERNMENTS Dated: by: Revan A.F. Tranter, Executive Director CITY OF DUBLIN Dated: A r i l ?7 r i s&7 by: Linda J. Jeffery, Mayor CITY OF LIVERMORE Dated: by: CITY OF PLEASANTON Dated: by: OAKLAND SCAVENGER CO., INC. Dated: by: 1 .. -13- EXHIBIT A Scope of Work 1. General Description. Pursuant to State Water Resource Control Board Contract No. 5-179-250-0, the Association of Bay Area Governments (ABAG) is conducting a water quality management planning study to develop a small source hazardous waste collection system in Alameda County through a Pilot Household Hazardous Waste Collection Program during Spring and Summer 1987. The total program will be comprised of six separate one-day collection programs in six separate geographic areas within Alameda County. Each one-day collection program will be open to the public for collection for five hours and operate as long as necessary to complete the program. Oakland Scavenger Co., Inc. (the "Contractor") will provide the technical collection, sorting and disposal services generally descibed in the proposal submitted by it and its subcontractor, Chemical Waste Management, Inc. (see Attachments 1 through 3 inclusive to this Exhibit A). 2. One-Day Program: Area 5. This Scope of Services describes a one day program to be conducted in Area 5 which is the geographical area generally bounded by the Cities of Livermore, Dublin, and Pleasanton. It is the intent of this program that the residents of Area 5 will be able to deliver to the Collection Site (see below) household hazardous waste for safe disposal, free of charge. Contractor may accept household hazardous wastes from members of the general public who are not residents of Area 5. 3. Lead City. The City of Livermore is the Lead City for Area 5. 4. Participating Cities. The Cities of Dublin and Pleasanton are the Participating Cities in Area 5. 5. Collection Date. The Collection Date for Area 5 shall be set by agreement among ABAG, the Contractor and the Lead City no later than two (2) weeks after the last of the aforementioned parties have executed this contract. A written notice of the Collection Date shall be circulated to all parties to this contract and attached to this Exhibit A as Attachment 4. 6. Collection Site. The Collection Site which shall be located within Area 5 and be suitable for (a) the collection of the amounts and types of household hazardous waste anticipated to be collected during the one-day program and (b) the concomitant vehicular traffic. 7. ABAG Tasks. ABAG shall perform the following tasks: (a) Administer the contract and coordinate the parties which shall include, but is not limited to ensuring that the Areas within the Pilot Household Hazardous Waste Collection Program have different Collection Dates. (b) Assist in the organization and operation of the collection events. Exhibit A (c) Develop, produce and distribute to each Participating City the Lead City, and the Contractor, large quantities of educational, informational promotional literature. (d) Distribute county-wide press releases and public information announcements. (e) ABAG shall submit all materials to be developed under Subsection 7 (c) and (d) in draft form to Contractor for its technical review, and to the Cities for their general review, prior to publication thereof. (f) Prepare a questionnaire to be used at the collections. At a minimum, the questionnaire will solicit information about how many households from each City participated. Provide a preliminary tally on household participation at the end of the Collection Date to Contractor and a final tally within ten (10) working days after the Collection Date to Contractor and Cities. (g) Pay Ten Thousand Dollars ($10,000) for the one-day program so long as any City participates and any City agrees to assume the responsibilities of the Lead City. (h) Calculate the amount of payment due to Contractor from each Participating City and the Lead City. The calculation shall be made pursuant to the Fee Schedule contained in Exhibit C. Send a statement to each City showing the fee calculations and amount owed to Contractor. Send a copy of such a statement(s) to the Contractor. (i) Provide guidance on the use of local funding mechanisms to operate continuing household hazardous waste collection programs in the Cities in Alameda County. 8. Contractor Tasks. Contractor shall perform the following tasks: (a) Assist the Lead City in evaluating the appropriateness of proposed Collection Sites. (b) Upon receipt of necessary information from each Lead City, prepare, apply for, and obtain a permit from the Toxic Substance Control Division of the California Department of Health Services, and all other permits, variances, agreements or registrations with federal, state or local regulatory agencies, necessary for the successful execution of the one-day program; provided that primary responsibility for obtaining such permits, etc. which are within the jurisdiction of the Lead City or a Participating City shall be such City's. (c) Review and return materials submitted under 7 (e) within two (2) working days after receipt by Contractor. (d) Upon receipt of "garbage pail hanger" notices from ABAG, distribute such notices to all households serviced by Contractor in Area 5. -2- Exhibit A (e) Provide and erect signs on the Collection Site, on the Collection Date, identifying the Collection Site as such. (f) Provide and erect a tent to cover the receiving area at the Collection Site on the Collection Date; and remove tent upon completion of the one-day program. (g) Provide technical personnel sufficient for 2 receiving lines to sort and identify materials brought for disposal, including a Technical Coordinator who will cooperate with the Lead City's coordinator, during the one-day program; provided that all technical activities shall be under the exclusive control of the Contractor's Technical Coordinator. (h) Package all waste collected in containers complying with all state and federal regulatory requirements. (i) Transport all non-excluded waste in compliance with applicable federal, state and local regulations to disposal sites licensed to receive said wastes. (j) Dispose of all waste collected in compliance with state and federal regulatory requirements. (k) Prepare a contingency plan to respond to emergencies, including without limitation, chemical spills and reactions; and execute such a plan if necessary. (1) Segregate and package all excluded waste (radioactives, explosives (including ammunition), compressed gas cylinders and dioxins or any derivatives of dioxins (ie., silvex, pentachlorophenol, 2,4,5-T, and "Weed-B- Gone")). Contractor shall segregate all excluded wastes by type and by the place of residence of the individual bringing the waste to the Collection Site. After segregating and packaging the excluded waste, Contractor shall return some or all or the waste to the individual bringing the waste, transfer some or all of the waste to the City(ies), transport some or all of the waste to a Site(s) designated by the City(ies) and/or transport and dispose of all of the waste at appropriate disposal site(s). The election of any one or combination of these options shall be at the sole discretion of each City. Upon such election, Contractor hereby agrees to perform the services required, as set forth in Attachment 5 to this Exhibit A, for the fees set forth in Exhibit C. (m) Prepare and submit in final form by September 30, 1987 a report to ABAG showing the amount of waste, by volume, collected at each of the Collection Sites and show a breakdown of such Collected Waste by type of waste. Breakdowns by type of waste shall be divided at least to the level required on the manifest. 9. Lead City Tasks. The Lead City shall perform the following tasks: (a) Assist Contractor in obtaining all applicable federal, state and local permits, variances, agreements, registrations, and associated documents necessary for the one-day program; provided that primary responsibility for ( obtaining such permits, etc. which are within the jurisdiction of the any City \; shall be the Lead City's. _3_ Exhibit A :. (b) Authorize or cause to be authorized an employee of the City in which the Collection Site is located to sign on behalf of such City the manifest naming the City as the waste generator. (c) Notify local households of the collection program; review and return materials submitted under Section 7 (e) within two (2) working days; and distribute educational, informational and publicity materials provided by ABAG. (d) Organize and operate the one-day program. (e) Designate one city employee to act as coordinator of the one-day program, and to direct activities at the Collection Site on the Collection Day in cooperation with the Contractor's Technical Coordinator; provided that all technical activities shall be under the exclusive control of the Contractor's Technical Coordinator. (f) Designate a Collection Site and obtain written permission to use the site. (g) Provide staff and volunteer personnel for non-technical activities during the one-day program; and furnish any materials needed by such personnel and volunteers which are not provided by the Contractor or ABAG. (h) Provide or cause to be provided traffic control services for the Collection Site, on the Collection Day. (i) Inform the Fire Department of the City in which the Collection Site is located of the place, time and nature of the program activities. (j) Pay a pro-rated share of the one-day program as set forth in the Fee Schedule. (k) Elect a procedure for handling excluded wastes brought to the Collection Site on the Collection Date by individuals residing within its geographical jurisdiction and/or by individuals residing outside Area S. All costs payable to Contractor for handling excluded waste brought to the Collection Site on the Collection Date by individuals residing within its geographical jurisdiction shall be borne solely by the Lead City. All costs payable to Contractor for handling excluded waste brought to the Collection Site on the Collection Date by individuals residing outside Area 6 shall be allocated as provided in Exhibit C. Unless one of the Participating Cities elects to accept dioxins and dioxin derivatives, any dioxin or dioxin derivative which is mistakenly accepted by Contractor shall be the sole responsibilty of the Lead City. 10. Participating Cities Tasks. Participating Cities shall perform the following tasks: (a) Cooperate in the organization and operation of the one-day program (b) Provide staff and volunteer personnel for non-technical activities during the one-day program; and furnish any materials needed by such personnel and volunteers which are not provided by the Contractor or ABAG. -4- Exhibit A Eµ� (c) Notify local households of the collection program; and distribute educational, informational and publicity materials provided by ABAG. (d) Pay a pro-rated share of the one-day program as set forth in the Fee Schedule. (e) Elect a procedure for handling excluded wastes brought to the Collection Site on the Collection Date by individuals residing within its geographic jurisdiction and/or by individuals residing outside Area 5. All costs payable to Contractor for handling excluded waste brought to the Collection Site on the Collection Date by individuals residing within its geographical jurisdiction shall be borne solely by the Participating City. All costs payable to Contractor for handling excluded waste brought to the Collection Site on the Collection Date by individuals residing outside Area 5 shall be allocated as provided in Exhibit C. Unless one of the Participating Cities elects to accept dioxins and dioxin derivatives, any dioxin or dioxin dervative which is mistakenly accepted by Contractor shall be sole responsibility of the Lead City. l` -5- Exhibit A Y� EXHIBIT A ATTACHMENT 1 r Page 7 of 10 Hazardous Waste Collection Program—Proposal Form The bidder must complete this form and return it to the Association of Bay Area Governments, Metro Center, 101 Eighth Street, Oakland, California 94694 by 12 noon on February 11th, 1987. Organization submitting the proposal: Subcontractor (if applicable): Name: Oakland Scavenger Company Name: Chemical Waste Management, Inc. Contact Person: John S. Sheahan Contact Person: Darrell Cullen Address: 2601 Peralta St. ,Oakland,CA Address: 39899 Balentine. Newark CA 94560 Telephone: (415) 465-2911 94607 Telephone:(415) 651-2964 Part One: Household Hazardous Waste Collection Program Cost estimate. State costs for each collection day as described above. List any additional considerations or services that your firm would provide that were not covered in the specifications. The Total Cost for the Household Hazardous Wastes Collections will be the sum of the Fixed Costs and the Disposal Costs (Unit Costs x Volume of hazardous wastes disposed of from each collection day). Fixed costs: Areal $ 12,330.00 includes two drop boxes for paint Area 2 $ 11,740.00 " it it Area 3 $ 11,705.00 " It it Area 4 $ 11,705.00 " It It 11 It It Area 5 $ 10,228.00 one It 11 to it Area 6 $ 10,268.00 " one It " it to Total for 6 collections $ 67.976.00 Additional fixed cost considerations (attach extra pages if needed): If unexpected large volumes of waste on any given day warrant using a night shift of personnel and portable lighting, costs will be as follows: S400.00 per day for a generator and lightplate. If an extra drop box is needed for paint beyond our estimate, cost is $250 per site. Unit costs: Itemize your bid for any and all additional costs. The price per container should include manifesting,handling, shipping and disposal costs. Potential charges not listed here will not be considered for payment. Container Size Price per container $ _190.00 (Landfill )* 55-gallon (maximum 20 gals. of Price per partially-full container $ -Waste) Price per cu.yd. latex paint $ 40.00 Overtime (if applicable) $ 35.00 per drum surcharge above 150 drums per site Materials (if applicable) included in above prices 1. $ *Cost for transportation of lab packs 2. $ for incineration will be 5239/14 or. 3. $ 30 gallon poly drums (containing a 4. $ maximum of 3-5 gallons of waste depending on whether aqueous or organic). d . 55-116 ',h ASSOCIATION OF BAY AREA GOVERNMENTS REQUEST FOR PROPOSAL FEBRUARY 3, 1987 'ALAMEDA COUNTY PILOT HOUSEHOLD AND SMALL QUANITY GENERATOR HAZARDOUS WASTE COLLECTION PROGRAM In response to the subject proposal , Oakland Scavenger Company hereby submits the attached Hazardous Waste Collection Program - Proposal Form with the requested Fixed Cost Bid and Unit Cost Bid for each of the collections. The requested documentation is included along with additional information addressing the selection criteria. Certain conditions which affect the way Oakland Scavenger Company can comply with the bid specifications while also complying with regulations, ordinances, agreements, practices and guidelines of regulatory agencies and the participating cities are also included. Subcontractor Oakland Scavenger Company (OSC) will subcontract with Chemical Waste Management, Inc. (CWMI) to operate the Household Hazardous Waste Collection (HHWC) and the Small Quantity Generator (SQG) Programs within the same general time period. This arrangement will work to the advantage of these programs, since both OSC and CWMI are part of the large international Company, Waste Management, Inc. The combined program will be hereinafter referred to as the Program. Project Management OSC's Chemist and Assistant Chemist will act as Project Administrators for the Program with its various division and district managers serving as local coordinators and expeditors. For the technical operation in both the HHWC and SQG Programs, CWMI will provide Project Manager, Technical Coordinator, Field Analysts/Chemists, Technicians and Administrative. personnel as shown in Attachment A-1. The attachments herein from Chemical Waste Management are made a part of this proposal . QUALIFICATIONS Oakland Scavenger Company Oakland Scavenger Company is the garbage and refuse collector and disposer for most of Alameda County, serving some 200,000 household, commercial and industrial customers. It also disposes of garbage and refuse for the City and County of San Francisco. In 1985 and 1986, OSC has managed and operated four Household Hazardous Waste Turn-In Days for the cities of Fremont, Newark and ti Union City in Alameda County, which were among the biggest and most successful in the Bay Area. These programs served a total of over 1,000 participants and generated 416 drums of household toxic wastes plus quantities of motor oil for recycling and latex paint, considered s in California to be a water quality hazard. OSC conceived and used, with Water Quality Control Agency approval , an inexpensive method for drying and disposing of latex paint. Permission for the use of this technique in the -proposed ABAG Program has been received. OSC's two chemists, who will administer this Program, each have over 30 years experience in industrial chemistry, plus a combined ten years experience in direct assistance to customers advising them about the disposal of household or small quantity generator-type hazardous wastes. Both have completed a course at the University of California-Davis in the field identification and categorization of unknown hazardous wastes. They administer the OSC programs for the hauling and disposal of infectious wastes, asbestos wastes and a small volume of miscellaneous low hazard level hazardous wastes, and hazardous waste driver training. Chemical Waste Management, Inc. Chemical Waste Management (CWMI) is the largest and most respected chemical waste handling corporation. It has the advantage of having a nationwide network of fully permitted transportation and waste management facilities. CWM has been in the lab packing business for over seven years and has even performed lab packs on superfund -projects. Last year, CWMI as a Company performed over 25 Household Hazardous Waste Collection Programs nationwide. Its Western Region (based in Newark and Santa Rosa, California) performed over a dozen such programs, mostly in the North Bay area. To facilitate these programs, the Western Region has a brand new, fully equipped ,Household Hazardous Waste Collection Unit. Also, due to CWMI 's extensive background in the waste field, it has thorough experience in responding to and handling chemical spills. Qualifications of CWMI personnel are shown in the Position Descriptions included in Attachment A-1. HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Generator of the Waste Prior to the start of the Program, ABAG should designate the generator. Neither Oakland Scavenger Company or Chemical Waste Management Company will be the generator of the waste. ABAG or Alameda Count Y, or the individuah76ty. n_whi.ct l,_e.arh---.izp:).lection-YcenteF°—T'S--l"oc°a'te'd"ma7-b�`Tbe generator. In any case, the regbtt °for a varl-a EE'xltbTi� rardf6us wast,Qt�fac:ility.,permit must be signedxbyt:an=author-azeds•.reRve&eatalave e .par�ticul.ar. public agency and mush-show:•.the:zname-.,of,,,Z� .au4thQLlzed,,.person•who will.. s i gn•_the manifest. St at V"Tamp T s e i genc n s con 3 'fr +4ab.}City for�-HousehaldtH z6rdd It " aIs ftr1h le`ftlb1it=a0 LFIN froirmth6:';tiaiardott'5tfbttance-Zisposa1 Tax:and✓related_Recor.d.Keeping..Requirements. Household hazardous wastes are, by definition, exempt,from.:the-,,Federal.zRCRA.Regulations. They are exempt even when accumulated in quantities that would otherwise be regulated, as long as they are not mixed with hazardous wastes from small generators. Permits OSC,and,-.LWMII rim-obtain:aLlkpeitits '`variances agreements or registrations�'from:.DHS,: aL.needed, for this Program, provided that the agency shown as generator will designate a responsible person to sign the permit applications and manifests., as noted above. If OSC or CWMI is to sign as authorized agent for the agency, the agency will provide any documentation required by DHS to verify that OSC or CWMI is so authorized. Liability Insurance OSC;;w lk.pray.ide-a,minimum-iof4I OOQ.O OQ_-gene ra]_.l..iatulitys:.i�Eance for the collection>-sites-:.to-.cover:.,!o:(1)_potential,..damage>,to_z�the. site faci 1 it'ies;7(2�injury=to=the°public-�whi i e�using=thessite.ro.>�(3)`' injury,,R site personnel not otherwisercovered:-bywthe r-empl.oyer's _ insurance,, butcannot:provde.coverage for damages orures�caused . : zadu ]r by:,.ralease...ofha !- Publicity for the Household Hazardous Waste Program must carry a statement to the effect that ABAG, Alameda County, the site owner, the . participating cities and Oakland Scavenger Company and Chemical Waste `Management, Inc. , or their agents, take no responsibility for any damages or injuries to participants bringing hazardous materials to the collection site and depositing them there. A8 meda-Cou y7the-col-lectienss tel':s wne_ he participating--ritites will be listed as additionally insured for activities carried out under this Program, with the exception noted above. vA:Certificate=of=lnsarance.-for:.-OSCshow'ing coverages of $500,000,.,and!$35O,000:'and`self-insured, retention_ofi�•$150,000 (aggretrtte $1,000,000); is attached,,as-Attachment A-3. A Certificate of Insurance for CWMI has been forwarded under separate cover. Use of Volunteers Participation by volunteers from the local communities at the collection sites is encouraged for the following activities: o Distributing questionnaires, so the participants can pre-list the types of waste they are bringing in. o Giving information to the participants about site procedures. o Assisting participants to approach the unloading area in an orderly manner. o Screening out out-of-county participants. The policies of CWMI do not permit the use of technical volunteers in „Yv the unloading or handling of the hazardous wastes. NO Site Operations Genes 4Iz ite;selectioR::guioelinesr.arez4acluded;an4 site operat i onszare:_wvered�n--the-•CWM I-submi tta 1-to-thi sr propo s a l (Attachment A-1) . The virtually self-contained movile unit of CWMI and the mobile paint and refuse handling equipment of OSC will give versatility to a continuing program. They will allow future collection sites to be shifted around from one appropriate location to another so that eventually all householders will have access to sites reasonably nearby. Contingency Plan A Contingency Plan for response to emergencies, including chemical spills and reactions is included in the CWMI submittal to this proposal (Attachment A-1). Inclement Weather Procedures CWMI will provide a tent to cover the receiving area to protect against intense sunshine and heat and against rainy weather. It is expected this will allow the collection site to operate in moderately stormy weather. An on-the-spot decision will be made about rescheduling a particular collection in case of very inclement weather which would make the operation unsafe or severely limit participation. Excluded Wastes A Contingency Plan for dealing with "excluded wastes" that might be collected at the site but cannot be discarded at the chosen waste disposal facility is included in the CWMI submittal to this proposal (Attachment A-1). If more than 25 fluorescent tubes or mercury vapor lamps are received at a collection site, they will be accumulated for processing by a recycler who can extract the mercury and handle it as recycled hazardous waste. fThe publicity for the Program should stress that the following waste types .are excluded: 1) Radioactives. Note: One or two smoke alarms which contain very weak radioactive elements may be disposed of in a householders regular garbage collection. 2) Explosives (including ammunition). 3) Compressed gas cylinders. 4) Materials which contain dioxins or derivatives of dioxins (such as pentachlorophenol wood preservatives, Silvex pesticides, 2,4,5-T � .;. . weed killers, "Weed-B-Gone and similar weed killers) . These materials are not accepted for disposal at any site in the United States. Disposal of Latex Paints Water-based paints are expected to comprise 50 to 60% of the household toxic wastes brought to the sites, since the State Water Quality Control Agencies consider them to be environmental hazards and do not allow their disposal in the regular household refuse unless dried. Oakland Scavenger Company has made arrangements with the water quality control agencies to handle these paints in the following cost-effective way. Water-based paints will be segregated and placed in a drop box in their containers. When the collection is completed, this load will be transported to an OSC landfill where they will be dumped and spread on a prepared earth pad, then crushed by bulldozer. The paint from the crushed cans will spread out and dry on the pad. When all the paint materials are dried, they will be removed and placed in the landfill . As the paints are segregated into the drop box at the collection site, community groups who can use the paint and have made prior arrangements with OSC will be allowed to retrieve useable paint. Disposal of Waste Oil Waste motor oil and transmission oil brought to the site will be poured from their containers into 17E drums and transported to approved waste oil recycling facilities. The emptied containers will be crushed into hazardous waste drums, packed with absorbent, and handled as hazardous waste. Publicity ABAG has committed itself to do the promotional publicity for the HHWC Program. OSC has found in previous programs that. very effective publicity is gained from notices hung on residential garbage cans by its network of route collection personnel . It proposes to do this for this Program using notices supplied by ABAG. This will allow the countywide general publicity program done by ABAG to be targeted weekly to a specific collection site. Out-of-County Participants and Extra Large Loads ABAG is requested to establish policies regarding handling of out-of-county participants and those who bring in excessively large loads (which are clearly household wastes). In some cities, the Fire Department Hazardous Materials Management Teams have required that all wastes brought to the collection site be accepted and no one turned away. In such cases, OSC has found it worthwhile to suggest that those participants make cash contributions to a city representative to offset the cost of the Program. Financing Through Rate Structure T� Jurisdictions served by Oakland Scavenger Company would have two rte'` f ti opons or paying their prorate share of the cost of this proposed HHWC Program. Payment could be made from jurisdiction funds if available, or through the rate structure. The decision to participate in the Program and the method of payment clearly resides with the City Councils and Boards of the jurisdictions that Oakland Scavenger Company serves. With this understanding, Oakland Scavenger Company in cooperation with ABAG, is willing to participate in the presentation of this worthwhile Program. The jurisdictions wishing to participate in the proposed Program will be required to pay their prorata share of the cost. The method for raising these funds would clearly reside with these jurisdictions. JSSO448 2/13/87 Summary Report - - OSC will provide a summary report about each completed collection day as requested in the Request for Proposal . Performance Bond Upon award of the contract, OSC will provide a Performance Bond for one and one-half the amount of the contract to cover the collection period. References Oakland Scavenger Company has done the same or similar work for the following during 1985 and 1986: City of Fremont Contact Person: John Ruppel Hazardous Materials Coordinator Fremont Fire Department 39572 Stevenson Place, Suite 125B Fremont, CA 94539-3075 City of Newark Contact Person: Jackie Bretschneider Hazardous Materials Coordinator Newark Fire Department 37101 Newark Blvd. Newark, CA 94560 City of Union City Contact Person: Christine Boykin Hazardous Materials Coordinator Union City Fire Department 34009 Alvarado-Niles Road Union City, CA 94587 Chemical Waste Management, Inc. has done the same or similar work for the following: City of Santa Rosa Contact Person: Eileen Kortus Fire Inspector Santa Rose Fire Department 955 Sonoma Avenue Santa Rosa, CA 94504 Yolo County Contact Person: Jay Holmquist 292 W. Beamer Woodland, CA 95695 City of Petaluma Contact Person: Clyde Thomas Fire Marshal 11 English Street Petaluma, CA 94952 EXHIBIT A ATTACHMENT 2 ft� • ATTACHMENT A-2 CHEMICAL WASTE MANAGEMENT, INC. Household Hazardous Waste Program To: Oakland Scavenger Company February 11, 1987 1. CWM's Role/Services/Qualifications II. Waste Types III. Personnel IV. Mobilization V. Collection Site Operations a. General b. Public Traffic Flow C. Movement, Etc. d. Segregation e. Packaging f. Inclement Weather g. Administration h. Storage i. Transportation J . Health & Safety VI. Operational Follow-up CHEMICAL WASTE MANAGEMENT ROLE/SERVICES Chemical Waste Management, Inc. provides a turn-key opera- tion for Household Hazardous Waste Collection Programs. We will aid Oakland Scavenger, ABAG and the public sponsor or local agencies in selecting a date, time, and place for the collection program, in planning the public awareness program and in publicizing the event. We will provide the Operation Plan required by the Califor- nia Department of Health Services for the variance (form attached) from the hazardous waste facility permit require- ments in Chapter 30, Division 4, Title 22, California Ad- ministrative Code. We will also provide the application forms for the variance and for obtaining any regulatory identification numbers. In addition we will provide and execute the application form for the California Extremely Hazardous Waste Disosal Permit. If there are any other permits such as local permits, we will provide all the as- sistance and technical expertise needed to secure all required permits. We will provide the Dept. of Health Services (DHS) , ABAG, Oakland Scavenger, the local agencies and the collection site owner with an insurance certificate as proof of our compliance with insurance/liability requirements. Other standard services provided by CWM will be: 1. Proper classification and segregation by hazard class in accordance with DOT, EPA and state regulations. 2. Packaging of all materials by Chemical Waste Managements ' technically trained personnel. 3. Listing of cost of materials used (DOT approved containers, absorbent, liners, etc. ) . 4. Transportation of the containerized wastes to the disposal/treatment site. 5. Disposal at one of our numerous permitted management Y facilities (either landfill or incineration) . 6. All necessary permitting, paperwork and labeling as required by law. 7. Testing of any unknown or generic chemicals to determine their characteristics. tiYU REQUEST FOR HAZARDOUS WASTE FACILITY PERMIT VARIANCE California State Department of Health Services Toxic Substances Control Division I hereby request a variance from the Hazardous Waste Facility Permit requirements of the California State Department of Health Services (DHS) for: I currently have the following hazardous waste management operation(s) at my facility: (check all applicable items) Hazardous waste collection program (household waste) . Hazardous waste storage less than 90 days but over 96 hours. Hazardous waste storage over 90 days (maximum of one year) . The facility is owned/operated by and is located at I am requesting a variance for my facility based upon Section 66310 (a) (1) and/or Section 66310 (a) (2) of Title 22, California Administrative Code. I am attaching all applicable information and drawings as required in support of this variance request. For any facilities involving underground tanks, 1 have attached information describing the leak detection program. I understand that any variance from the Hazardous Waste Facility Permit requirements of DHS, if granted, does not exempt my firm/organization from any other applicable laws and regulations governing the management of hazardous wastes. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified.personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to be, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (Certification Signature) (Company or Applicant) (Title) (Mailing Address) (Telephone) (City, State ZIP) VDate t1 um err r 7 pp ►ca e rw Chemical Waste Management - Qualifications Chemical Waste Management (CWM) is the largest and most. respected chemical waste handling corporation. We have the advantage of having a nationwide network of fully per- mitted transportation and waste management facilities. CWM has been in the lab packing business for over 7 years and has even performed lab packs on superfund projects. Last year CWM as a company, performed over 25 household haz- ardous waste collection programs nation wide. Specifically, our Western Region (based in Newark or Santa Rosa, California) performed over a dozen located mainly in the North Bay area. To facilitate these programs, the West- ern Region has a brand new, fully equipped Household Hazard- ous Waste collection unit. Due to our extensive background in the waste field, we have a thorough knowledge as well as experience responding to and handling chemical spills. II. WASTE TYPES A. Acceptable Wastes A generic list of proposed wastes to be accepted will be submitted to the DHS with a request for a permit or variance to operate. This list will also be submitted to ABAG for their use in publicity. Accepted wastes may include, but are not limited to the following: 1. Pesticides (includes termiticides, herbicides, disinfectants, molluscicides, fungicides, nematocides, rodenticides, and insecticides) . 2. Household cleaners and polishers 3. Paint/paint products 4 . Automotive products 5. Thinners/solvents 6. Pharmaceuticals 7. Aerosol products 8. Pool chemicals 9. Waste oil 10. Hobby supplies (e.g. photographic chemicals, clays, glazes, etc. ) 11. Acids 12. Unknowns B. Excluded Wastes The following waste types are NOT ACCEPTABLE: 1. Radioactives * 2. Explosives (including ammunition) 3. Compressed gas cylinders 4. Dioxins or any derivitives of dioxins (i.e. silvex, pentachlorophenol, 2,4, 5-T, "Weed-B-Gone") * The event publicity will advise householders that one or two smoke alarms that have weak radioactive elements may be disposed of in their regular garbage collection service. Excluded wastes received at the collection site will be repackaged or overpacked into safer containers and either: 1. Sent back with the participant or 2. Collected and given to local regulatory per- sonnel that prior arrangements have been made with. .y III. Personnel A. Personnel Descriptions Listed below are the descriptions of CWMI personnel on this major project to ensure compliance and safety. Also listed are their major responsibilities. Please note that the number of any of these type of people will vary with the magnitude of the project. Project Manager This individual will serve as Project Leader, Emergency Coordinator, and primary contact to Oakland Scavenger Co. , the sponsor of the project. Technical Coordinator This individual wil be responsible for overseeing all packaging, analytical work, and acceptance of any waste. This individual will also serve as alternate Emergency Coordinator. Field Analysts/Chemists These individuals will accept, classify, separate, and package waste. They will also perform all analytical work. Technicians These individuals ' responsibilities will vary from loading or unloading supplies, to packaging, loading or shuttling waste. Administrative Personnel These individuals will primarily assist participants, log in their waste, or assist in paperwork. No untrained local labor will be hired for waste handling operations. Included also are some generic job descriptions for CWM personnel that will assist with this program. B. Project Team Organization The Project Manager will be responsible for personnel organization. Specific personnel organization plans will be done for each project based on the scope of the proD`_c and the site location. , L.nis organization plan will be based on the above listed personnel require- Small, ments as well as all Health and Safety concerns. C. Personnel Equipment 1. All field personnel working in active areas .(segre- gation, packaging, loading, testing or shuttling waste) will wear a minimum of level C protection as outlined below. - Safety goggles or glasses - Tyvek disposable coverall - Latex gloves (cotton or. neoprene outer gloves if desired) - Respiratory protection depending upon con- ditions (e.g. dust mask, full face respira- tor, or Self Contained Breathing Apparatus (SCBA) ) - Emergency egress units will be available for all personnel in level C protection area. 2. All Administrative or Reception personnel will be in a minimum of disposable Tyvek coveralls and latex gloves. (Level D) 3 . Saranex protective clothing and gloves will be available to handle PCB waste. 4. Non-sparking tools will be used around any combus- tible wastes. CWM. POSITION DESCRIPTION TITLE: Field Anaiyst/Project Manager REPORTS TO: Service Center Manager BASIC FUNCTIONS: Handling, ' packaging and disposing of hazardous waste, including reactives and explosives. Will also be performing analytical testing and will be dealing with customers. SPECIFIC DUTIES: - Classify/Segregate Lab Pack waste for packaging. o - Separate wastes that are restricted from CWM-approved disposal sites and/or methods. - Package and handle chemicals. - Handles reactives and some gas cylinders. - Estimate jobs. - Load and unload trucks. - Drive trucks and haul hazardous waste (per all DOT Hazardous Materials Regulations) - Perform analytical testing. - Test unknown chemicals. - Maintain accurate, legible records. - Responsible for running jobs and supervising field technicians. - Label and mark drums for shipments. - Deal with customers on a regular basis. - Must have working knowledge of safety equipment and requirements for use of equipment. - Classify generator inventories. CW POSITION DESCRIPTION TITLE: Technician REPORTS TO: Department Manager; Field Analysis BASIC FUNCTIONS: A broad range of manual labor tasks including driving trucks, handling hazardous waste and dealing with customers. SPECIFIC DUTIES: Load and unload trucks. Drive trucks with waste (per all DOT Hazardous Materials Regulations) or equipment. Clean and maintain trucks. Clean and maintain supply area. Handle drums containing hazardous waste. Handle chemicals that are reactive or potentially explosive. Assist Field Analyst or site. Must be able to travel. Must be able to drive a forklift. Prepare manifests. Clean and decontaminate supplies. QUALIFICATIONS REQUIRED: High School Diploma. Some knowledge of chemistry. Knowledge of trucks and their maintenance. IV. MOBILIZATION Mobilization of equipment, supplies and personnel will be carried out by developing a specific mobilization plan for each project, based on specific needs. Attached is a Com- pliance Checklist that should be helpful in the mobi- lization phase of the project. Upon arriving on-site, the Project Manager and Technical Coordinator must inspect the site carefully. Pictures of the location must be taken, especially of any apparent stains or contamination of the ground surface which is also observed during the on-site inspection. w HOUSEHOLD HAZARDOUS WASTE COLLECTION W COMPLIANCE CHECKLIST EPA Generators Identification Number Review applicable State and local regulatory requirements Written Waste Analysis Plan (fingerprint) Parameters for waste analysis Test methods Sampling methods QA/QC Appropriate storage areas Waste handling Security Monitoring procedures, equipment and records Contingency plan and emergency procedures Safety equipment Spill prevention and control Inventory logs - Packaging procedure Manifest preparation Material handling First aid equipment Eye wash stations General operational sequencing Effectiveness of design Alarm systems Agreements with local contingency groups Potable water use - Response equipment - Survey equipment - Adequate source of light if operating during evening hours Shelter (e.g. , tent, trailer) for protection of potentialy water reactive materials in the event of a rain storm. 29 V. COLLECTION SITE OPERATION A. General A specific site set-up plan will be written based on the pre-project site inspection. The plan and set-up of the collection station will be based on the following: 1. Weather conditions. 2 . Anticipated participation. 3. Community professional participation (e.g. Fire Dept. , Police Dept. , Ambulance Service) . 4. Site conditions (ground service, public access routes, etc. ) . In general, a minimum of two reception points (tables) must be used in the Receipt Control Area. Controlled access must be maintained around the Reception Control Area and all active points of the site, (e.g. packag- ing, testing, or loading areas) . The packaging and testing area must be sufficiently isolated from the Receipt Control Area, with a contamination reduction zone in between. In addition, the Receipt Control Area will be set up as follows: 1. There will be a fire/spill station in this area. 2. There will be a first aid station in this area as well. 3 . Various signs will be appropriately placed to help warn, inform, or direct people. 4 . A tent will be used over the Receipt Control area. B. Public Traffic Flow A specific unloading area for the public will be designated and marked clearly. Specific routes will be designated for traffic in and out of the parking area and the facility. These routes will be marked clearly. t In the event of an overflow of traffic causing conges- tion, a preassigned traffic director will take charge if police assistance is not available. A public address system will be available. �_. C. Movement and Handling of Waste - Overview CWM personnel will remove the wastes directly from the participants vehicles. At this point, all waste will be scanned for radioactivity prior to acceptance. Once a participant's waste is logged in and accepted, the waste will be shuttled to the segregation area. Waste awaiting acceptance or movement to the segregation area may be stored in sturdy boxes. To shuttle, field per- sonnel may use stainless steel lab carts with a "lip" or raised side. Also, each will carry a small triple F fire extinguisher, and an ELSA when shuttling longer distances. Sturdy, plastic lined boxes will be used to shuttle small containers of waste short distances. In the segregation area, field analysts will classify wastes into compatible DOT shipping groups for packag- ing. All waste which must be tested, will be class- ified here. Packaged waste will be stored in com- patible groups to facilitate loading of the transporta- tion vehicle at project completion. D. Segregation of Wastes On-Site The Field Analyst will scan the entire work area and the subject waste for radioactivity. If no radioac- tivity is detected, the Analyst may proceed to the next step. If any of the chemicals are determined to be radioactive, the Project Leader will remove the radioactive item from the waste inventory and work area, and package it until a disposal determination can be made. Again, the area will be scanned to ensure that no radioactive material is present. Once this is complete, preliminary segregation can begin. All waste will be classified to insure proper packaging based on procedures found in the CWM Corporate Lab Pack Manual. All waste apparently not in its original container or (unknowns) will be fingerprinted for classification and disposal based on all guidelines found in the CWM Cor- porate Lab Pack Manual. The Field Analyst will scan the entire inventory of waste and pull out any reactives or other identified chemicals which cannot be handled. Reactives will be Packaged for incineration. Any chemicals that can not be handled will be specified prior. These items are to be placed in a designated storage area. Once all reac- �� tives are segregated, the Technician may help the Field Analyst in segregating the remaining chemicals. Depending on the size of the work area, chemicals are to be segregated based on their DOT classification and compatibility and then placed into seperate groups. Once segregation is complete, there will be various groups throughout the work area. This procedure is used so that the DOT groups may be packed one at a time, thus allowing an economical pack. As any packaging group is reduced,, smaller size drums may be used to complete that group. A group specifi- cally for unknowns will also be started, to help ex- pedite the testing procedures. If work space does not permit total segregation before packaging, it is up to the lead Field Analyst to devise a plan to segregate then package to clear the area. Unknown Chemicals may be tested to determine their proper classification, provided that such testing is accomplished in accordance with the CWM Policy. Final sealing of the drums will be accomplished after the unknown testing process has been completed and the identified materials added to the appropriate drums. Drums will be sealed using a " CWM drum seal " to prevent tampering after final closure. E. Packaging This designated area will be used to segregate and package waste properly and will be set up as follows: 1. It will be clearly marked and will have controlled access: This will be maintained by use of a barrier. 2. A plastic liner will be place on the ground and fastened to minimize tripping hazards. 3 . A windsock will be installed to determine wind direction. ~� 4. This area may be monitored for organic con- taminants. 5. Fire/Spill stations and first aid stations will be appropriately located in the packag- ing area. a. A contamination reduction zone will buffer the package and Receipt Control Areas. Packaging of Lab Pack Once all segregation and testing has been completed, pack- aging will begin. Both Field Analysts and Technicians will be involved in packaging. They will wear a minimum of these protective items. 1. Safety glasses 2. Steel toe shoes 3 . Latex gloves 4. Chemical resistant splash suits 5. A dust mask is highly recommended 6. Other equipment and protective clothing may be specified by Regional Safety Personnel. All chemicals will be packed into various size (e.g. 5 gal. , " 30 gal. , 55 gal. ) DOT- approved open head drums. If the chemicals are corrosive, the drum will be lined with a polyethylene insert and lid no less than 10 m.m. in thick- ness. There must be at least 2 inches of absorbent material in the bottom of the drum before any chemicals can be placed inside. A 2-part carbonless Drum Inventory Form will be used to record the drum's content while packing. (One copy is to be attached to the Manifest, and one copy is placed as a Packing Slip on the drum) . This Packing Slip, identifying the drum's contents, will stay on the drum until it is ul- timately disposed of. A photocopy will be made of the top copy of the Drum Inven- tory Form for our files. When packing, one of the Team mem- bers will record each container name or number and volume of the waste as the container is placed in the drum. No con- tainer larger than 5 gals. can be lab packed according to 49 CFR 173 . 12; containers greater than 5 gallons (glass con- tainers greater than 1 gal. ) must be handled as bulk waste. The Field Analyst will also keep a Master List to record numbers and types of drums that have been packed. Waste containers will be packed in such a manner that the con- tainers will not come in contact with each other or the sides of the outside drum. Chemicals will be packed in layers with absorbent in between each layer. The ratio of chemicals to absorbent will be no greater than 40: 60. This ratio is based on container size, not the quantity of the waste within the individual container. This will ensure that there is an ample amount of absorbent to absorb any spill or leak. The drum will be filled with absorbent to the top of the drum to eliminate all air voids. The drum will be sealed with a heavy gauge hoop, bolt and a lid gasket. All bungs must be checked and tightened. All drums will be labled and/or marked properly per DOT and EPA requirements. In- delible markers are to be used to fill out all stickers or labels. 1. DOT hazard class label (s) . 2. Drum inventory packing list. 3 . EPA yellow hazardous waste information stickers (complete) . 4. Generator drum identification number. Drums will be assigned numbers sequentially while being packed. These numbers will always be preceded by two letters signifying the generator (e.g. SW11, SW12, SW13, -Southwest Company) . 5. Any additional disposal site specific markings (e.g. Waste Profile Sheet Number) . 6. Any drum containing liquids will have a "This Side Up" label. All packaging will be done in compliance with 49 CFR 173.12. For packaging situations that are not specified (e.g. ir- ritant hazard class or using 85 gallon drums) in 49CFR 173 .12, packaging will be accomplished in a manner complying with all regulations affected (e.g. 49 CFR Part 175, Sub- parts D, E, F, H, K, L, M, and 0) . Any hazardous substances not described as part of a waste's proper shipping description will also be listed on the out- side of the outer drum in association with the drum' s ship- ping description. .F. Inclement Weather Should weather become a problem, on the day of the program, a decision will either be made to continue, using shelter (tents) or to cancell and reschedule. 1, G. Administration Standard paperwork used as follows; �^� a SEMI PACKAGING AREA v+ c -SEGREGATION AREA ® ontamination Reduction Zone o n eD a �-« '1 RECIEPT CONTROL L c AREA oint fence PUBLIC PARKING Exw."piC SeT-urn 0 1. Master List (attached) 2. Appropriate State Manifests 3 . Drum Inventory Sheets (Attached) 4. Waste Profile Sheets (Attached) 5. Various certifications 6. Fingerprint test forms Once the packaging is complete and all forms and manifests are signed by the proper authority, the paperwork will flow according to the standards and policies established in the CWM Labpack manual. All drum containers generated on-site will be logged and tracked on our division Master Drum Ledger. This will en- sure all containers of waste will be tracked " cradle-to- grave. " Within 30 days after delivery, CWM will ensure that the ap- propriate copy of the manifest is returned to the generator (program sponsor) . H. Storage 1. No wastes are stored at the collection site. The drums are labeled, manifested and loaded on a CWM truck, cer- tified for hauling hazardous wastes and transported to the Chemical Wast Management Class I treatment and dis- posal facility at Kettleman Hills, CA. 2 . At the CWM Kettleman Hills facility, records for storage of all hazardous wastes are maintained pursuant to Sec- tion 66545 of Title 22, California Administrative Code (CAC) which states that: (a) Hazardous waste haulers and hazardous waste facility operators shall maintain at their busi- ness addresses for a period of not less than one year the following information: (1) The names, addresses and telephone numbers of the waste producer, hauler, processor and disposal site operator of each load of waste hauled, received, or stored. (2) The source, identity, chemical composition, volume, physical state, container type and _ hazardous properties of each load of waste received, hauled or stored at the site. (3) The method used to process each waste. (4) The date that each hazardous waste was received for storage. (b) Copies of completed manifests mayserve the pur- poses in items (1) through (4) . Chemical Waste Management, Inc. may temporarily store hazardous wastes on their trucks for a period not to exceed 96 hours. I. . Transportation 1. All hazardous wastes are transported by Chemical Waste Management, Inc. using trucks certified by the California Department of Health Services. 2. Chemical Waste Management, Inc. drivers are certified by the Department of Transporta- tion. J. Health and Safety All CWM personnel currently participate in the CWM Medi- cal Surveillance program. For each location a specific project contingency plan will be written. (see attached) In addition the following response procedures will be executed if necessary on collection site. r i Spill Response and'Control On Collection Site In the unlikely event that a drum or drums should start to leak or a laboratory bottle is broken, the designated Emergency Coordinator must first determine the extent of the problem: 1. Note what has spilled and the nature of the chemical(s) involved. 2. Determine if people need to be evacuated from surrounding areas. 3. Determine if CWM personnel need special equipment to contain and clean up the spill. 4. Note if a fire (or the potential for one) is involved. 5. Contact the Lab Pack Program Manager or next company contact; Department Manager or company contact will follow corporate Emergency Response procedures. Once these basic determinations have been made, the Emergency Coordinator must direct the efforts of the spills response. The room or area will be closed off to prevent the release of any potential gases. Personnel will wear proper protective clothing and respiratory protection for the involved chemical hazard. In general, a liquid spill will first be contained by surrounding the spill with walls of absorbent. Every effort will be made to prevent the spill from entering surface water or sewer drainage systems. The, absorbent will be poured onto the spill to absorb it. Once the spill has been thoroughly absorbed, the contaminated absorbent will be shoveled up and placed into a non-leaking approved drum for proper disposal. Acid and caustic spills will be neutralized with an appropriate neutralizer. After the neutralization, or if the spill wasn't a corrosive material, the area may be thoroughly rinsed down with water (if the waste is compatible with water) . If the spill was from a bottle, the broken bottle must be placed in the same containers as the spill residue to assure its proper disposal. If the spill was from a drum, the hole causing the leak must be sealed off and the drum overpacked into a recovery drum. For a spill with a solid chemical, the spill will be shoveled up with a non-sparking shovel and placed into an approved drum. The broken container will also be placed in this container for proper disposal. If the solid material is corrosive, the spill area will be neutralized (as mentioned above) . In the event of a gas leak from a cylinder, personnel will immediately ? start using a self-contained breathing apparatus. Personnel will follow the procedures for confined space entry. The room will be immediately sealed off to prevent gas from escaping into other parts of the building (check building ventilation system). . Outside windows will be opened so contained gas in the room will be vented out, if the gas in the cylinder is suitable for venting to the atmosphere. Personnel will try to seal the leak using various tools available in our spill response kit. The cylinder will be placed into an available fume hood and left to vent if the cylinder cannot be sealed. If no fume hood is available, the cylinder will be safely shuttled outside to an isolated area. Lab Pack Shipment in Transit to DiSDOsal In the event of a spill or leak in one of CWM's service vehicles, the following procedures will be taken by the CWM driver: 1. Never abandon the vehicle unless told to do so by the proper authorities. 2. If possible, move the vehicle off the road and isolate it. 3. Attempt to identify the material by checking the manifest. 4. Determine if an eminent hazard exists, and if so, take appropriate steps to stabilize the situation. (Confined Space Entry procedures are to be followed when the vehicle is a van.) 5. Contain the spill or leak, if possible. 6. Notify the Mobilization Point Dispatcher or Lab Pack Program Department personnel. They will get you information on how to proceed. 7. Be prepared to give the following information: a) Exact location b) Identification of waste and shipper c) Weather conditions d) Neighboring surroundings e) Identification of material spilled f) Amount and rate of spill RR f r i In the event of an accident, the following procedures will be taken: 1. Protect the scene to prevent another accident. 2. Request a passerby to notify police if radio contact cannot be made. 3. Set out flags and reflectors per DOT requirements. 4, Warn persons other than police to keep away (100 ft. minimum). Any personnel involved in an incident are to speak only to police and other properly identified authorities (Coast Guard, Environmental Protection Agency, Department of Transportation). The Field Analyst in charge will be expected to write up the appropriate incident report and give this to his immediate supervisor. This report should include cause of spill, potential damage done, personnel involved and spill response method. %This reporting will be done in accordance with the Chemical Waste Management, Inc. Incident Reporting Procedure. (See Appendix C attached.) In the event a fire breaks out, whether due to a spill or. not, these basic procedures will be followed to fire fight a Lab Pack drum: I. Notify the local fire fighting authorities; then 2. Fight the fire, not the individual chemicals, since all the chemicals in a drum will behave as the general description of the drum. 3. The fire will be fought with water in large quantities or with the appropriate fire extinguishers. 4. All personnel will have self-contained breathing air and protective clothing. 5. All materials that support combustion, such as oxidizers, will be removed from the area. 6. All drums in the area will be hosed down with water (special care for water reactives); the absorbent inside each drum will act as an insulator and keep the chemicals shielded from flames. 7. All residue from a fire will be cleaned up and disposed of properly. 8. Soil samples will be taken to enable testing to ensure that no 1 .. residual contamination exists. i1r PROJECT CONTINGENCY PLAN FORM SPONSOR: CONTACT: LOCATION: PHONE: A) PROJECT TYPE Household Hazardous Waste Collection Day Pesticide Waste Collection Includes: Preparation of Drums for Transit _ Sampling of Unknowns Other i B) EMERGENCY INFORMATION Designated CWM Emergency Coordinator Alternate Emergency Coordinator LOCAL Fire Department Number Police Department Number Ambulance Number Hospital Number Name: Location: 81 ,.^ Regulatory Agency Contacts: Name: Number: Name: Number: Name: Number: Duties of Emergency Coordinator: 1. 2. 3. 4. 5. 6. 7. C) PERSONNEL PROTECTION Level: A B C D Eyes: _ Safety Glasses _ Full Face _ Splash Shield _ Goggles Hands: Body: Feet: Steel Toe Shoes ANSI Rubber Boots Other Respiratory: _ Dust Masks Half Face Specify Cartridge Type: Full Face Supplied-Air: Specify: 82 D) WORK SITE/LOCATION Indoor Outdoor Temperature: Wind: Conditions: Ventilation: _ NA _ Strong _ Poor Actions Necessary Location Level: _ Ground _ Floor _ Basement Ground/Surface Conditions: _ Dry _ Wet/Slippery Inclined Other Noticeable Contamination: _ None _ Other (specify) Lockout Procedures: Drainage System: Venting System: 'Alarm System: Designated Assembly Area(s): i 83 Proposed Evacuation Route: Diagram Procedure to account for all employees following evacuation: E) Site conditions that would require implementation of plan include: • fire or explosion • serious employee or participant injury • accumulation of combustible gases or vapors at concentrations greater than background • oxygen concentrations below 19.5% • radiation levels greater than 2 mR/Hr above background • unsafe working conditions such as inclement weather, explosives handling, hazardous material releases. • (specify other conditions): • 84 ^Vii, F) Specific procedures to be followed in event of a release, both onsite _y and offsite, beyond the general lab pak procedure rovide d in the following pages. p G) Rescue and medical duties and employees responsible: Specific Duty Responsible Emoloyee Medical emergency decontamination procedures, including instructions for ambulance crews and hospital personnel as appropriate: i H) AIR MONITORING Known Contaminants: Unknown Not Applicable Draeger System: (specify probe Gastech: %02 %LEL /,H2S Other: Miscellaneous Info/Data: 85 I) PERSONNEL MONITORING Not Applicable Badges: (specify type: Personal Pumps: (specify type: ) Other: Length: J) RESPONSE - SAFETY EQUIPMENT Eyewash/Shower — Yes — CWM Portable Safety Station: — Yes — MM Supplied Spill Response Eqt. Yes — CWM Supplied Fume Hood: _ Yes — CWM Portable CWM Lab Trailer Fire Extinguishers — Yes — CWM Portable Type Decon Facilities — NA — Shower CWM Decon Unit SCBA Yes (Attach site diagram indicating location of this equipment onsite.) K) MISCELLANEOUS INFORMATION Regulatory Permits: — NA _ Specify Burn/Welding Permit: CWL4 Approved Operational Procedures: NA Posted Corporate Risk Management: NA Notified Date: PROJECT LENDER PERSOnTEL l 86 VI . OPERATIONAL FOLLOW-UP After the packaging is complete and the paperwork is ready to be signed, a complete debriefing will be conducted by the Project Manager for the community officials. This dis- cussion will include paperwork, paperwork flow, project success, expected project follow-up. The site will also be demobilized. All disposable supplies will be disposed of properly. All contaminated equipment will be decon- taminated properly and the rinseate disposed of. The packaged wastes will be loaded according to chemical compatibility and securely braced onto the appropriate vehicle. All vehicles must be placarded properly. In addition, once the site is completely cleaned up and all equipment and vehicles demobilized, the site must be inspected. If possible, the post clean-up inspection should be done in conjuction with the notification of the sponsor. Pictures must be taken again before leaving the site. MASTER LIST Packaging Date Generator Project Number Drum Type I Drum # I Description (WPS # Manifest # I I WASTE - DRUM INVENTORY Page of Drum Type WPS# Drum Number Date Generator Project # Hazard Class Manifest # Ii CHEMICAL WASTE MANAGEMENT, INC. / ENRAC DIVISION QUANTITY HAZARDOUS SUBSTANCE EPA# COMMENTS l WASTE PROFILE SHEET GODS Waste N eagement, Inc. WASTE GENERATOR'S WASTE MATERIAL PROFILE SHEET = Tsoa 22 515 A GENERAL INFORMATION ,jENERATOR NAME: I I TRANSPORTER:i I FACILITY ADDRESS: I I TRANSPORTER PHONE:I I I ' GENERATOR USEPA I.D. t I I I I I I I I I I I I I I GENERATOR STATE I.D. l 1 TECHNICAL CONTACT:1 I TITLE: I I PHONE:L I NAME OF.WASTEA I PROCESS GENERATING WASTE: I I I B PHYSICAL CHARACTERISTICS'OF WASTE COLOR ❑NONE 11 MILE) LAYERS pppq PHYSICAL STATE @ 70'F ❑STRONG SOLID 1:1 SEMI•SOLID 11 MULTILAYERED FREE LIQUIDS ❑ 11 BI LAYERED ❑YES ❑NO DESCRIBE I I ❑LIQUID 13 POWDER ❑SINGLE PHASED VOLUME I %] PH; p<2 ❑7.1.10 ❑N/A SPECIFIC 04.8 ❑ 1.3.1.4 FLASH[]<70'F >200•F GRAVITY POINT ❑ ❑CLOSED CUP ❑21 ❑10.1.12.5 ❑.8.1.0 ❑1.5.1.7 ❑70-F.100•F []NO FLASH ❑OPEN CUP 114.1-6.9 ❑> 12.5 ❑1.1.1.2 ❑> 1.7 ❑101-F•139-F ❑EXACT I • ❑ 7 ❑EXACT I I ❑EXACT I I ❑140'F•200'F C CHEMICAL COMPOSITION(TOTALS MUST ADD TO 100%) D METALS U TOTAL(PPM) L J EPA EXTRACTION PROCEDURE(m0/L) L I I I i ARSENIC'(As) ! SELENIUM(Sell I ' I 1 i BARIUM(Ba) 1 I SILVER(Ag) L I I "/. CADMIUM(CC) I I COPPER ICU) I I 1 1 I% CHROMIUM(Cr) I I NICKEL(Ni) l 1 L 1 1 I! MERCURY(Hp) I I ZINC(Zn) I ' I '� LEAD(Pb) I I THALLIUM(Tp I I I I l I': CHROMIUM-HEX(Cr+611 I I I F • L I% E OTHER COMPONENTS•TOTAL(PPM) I ' L I% CYANIDES I- PCB•S I I I I I • SULFIDES I I PHENOLICS I I F SHIPPING INFORMATION G HAZARDOUS CHARACTERISTICS D.O.T. HAZARDOUS MATERIAL? ❑YES ❑NO REACTIVITY:❑NONE ❑PYROPHORIC ❑SHOCK SENSITIVE PROPER SHIPPING NAME l I ❑EXPLOSIVE ❑WATER REACTIVE ❑OTHER I I HAZARD CLASS I I I.D. NO.l I R.O.I I OTHER HAZARDOUS CHARACTERISTICS: METHOD OF SHIPMENT: ❑BULK LIQUID ❑BULK SOLID ❑NONE ❑RADIOACTIVE ❑ETIOLOGICAL ❑DRUM(TYPEISIZE,I I ❑PESTICIDE MANUFACTURING WASTE ❑OTHER L I ANTICIPATED VOLUME:I I GALS. t I CUBIC YARDS USEPA HAZARDOUS WASTE? ❑YES ❑NO I I OTHER I I USEPA HAZARDOUS CODEIS)I I I I L . I I I PER: ❑ONE TIME ❑WEEK ❑MONTH STATE HAZARDOUS WASTE? ❑YES ❑NO ❑QUARTER ❑YEAR ❑I I STATE CODEIS)L H SPECIAL HANDLING INFORMATION ❑ADDITIONAL PAGEISI ATTACHED I HEREBY CERTIFY THAT ALL INFORMAIK:11 SUBPAITIED IN IHIS ANU ALL ATTALHED DOCUMENTS IS COMPLETE AND ACCURATE. AND THAT ALL KNOWN OR SUSPECTED HAZARDS HAVE BEEN DISCLOSED AUTHORIZED SIGNATURE TITLE DATE I I I 1 1 I EXHIBIT A ATTACHMENT 3 February 23, 1987 55-116 Ms. Emy C. Meiorin Association of Bay Area Governments Metro Center 101 Eighth Street Oakland, CA 94604 CLARIFICATION OF PROPOSAL TO CONDUCT ALAMEDA COUNTY PILOT HOUSEHOLD AND SMALL QUANTITY GENERATOR HAZARDOUS WASTE COLLECTION PROGRAM Dear Ms. Meiorin: Following your meeting with John Sheahan of Oakland Scavenger Company and Darrell Cullen of Chemical Waste Management, Inc. , we are pleased to submit the enclosed information clarifying items in the original proposal . Your concerns, as listed on the sheet received by us on February 19, are addressed. If you have need for further information, concerning this pioneer program, please contact Mr. Sheahan. Sincerely, vPeter Borghero President PB/rmc PB0066 Enclosures cc: John Sheahan, OSC w/encl . Dave MacDonald, OSC " Darrell Cullen, CWMI to Doualas Strauch, WMI " Gino Scopesi , WMI " Hal Cahill , WMI " The Alameda County Household and Small Quantity Generator Hazardous Waste Collection Program -- ABAG Concerns about the Oakland Scavenger Proposal -- Part One: Household hazardous Waste Collection 1. The trice quoted for fixed costs is several thousand dollars more (per collection day) tlr= was charced for the collection in the Tri-Cities last year. Please explain wha:additional sen-ices being ofiered to iusrify the hi=her ouote. An it�:nization of costs may be neccssan•if this hi_cner cost is to be justified to the cities participating in tht coliecrion pro=..m. ?. What is the volume of the drop boxes (how many zallon paint containers) to be used for latex paints? Are they the same size as those used for the Tri-Cites collection? 3. We expect at least 200 dn:ms to be collected in Areas 1 and?. W n}• is the Ii7rlit for the S=5 surcharcc set at 150 drums? 4. The Oakland Scavenger proposal did not respond to requirements for specific numbers of personnel at the collections. ABAG is concerned that an underestimate on the pan of the company will result in unacceptable traffic backup problems. For this reason,ABAG gill require a minimum number of receiving lines/stations at each site: Areas 1 and '_: at least 3 Iines/stations Areas 3 - 6: at least? lines/stations These MM* imtuns will be required when the rrafuc is heaviest (10-12 am and 2-4 pm). The contractor can use their discretion to determine how many personnel will be needed and to recuce the number of lines dtuinc, slack periods. 5. Since the contractor will be directly involved in the permit process,ABAG would prefer th.at Oakland Scavenger take primary responsibility for obtunina the permit variances for the collection sites and coordinating information zatnered by the cities relevant to the variances. 6. PCBs are not listed as excluded wastes. Are PCBs accepted at Kenleman Hills? 7. State,in general terms, the costs related to recycling mercury vapor lamps and fluorescent rubes. 8. State contingencies for dealing with excluded wastes. How have they been dealt with in the past? Would it7be possible to obtain emergency variances for short-term storage until these materials can be disposed of properly. Who will be contacted at the regulatory agencies? RESPONSE TO ABAG CONCERNS ABOUT OAKLAND SCAVENGER COMPANY PROPOSAL 1*='i77Ai` PART ONE: HOUSEHOLD HAZARDOUS WASTE COLLECTION 1. A. There seems to be a misunderstanding about the cost of the Tri-Cities Program as it might be compared to this program. Even though the pre-event administrative costs for the 1987 program will be higher because presently unknown sites will have to be selected, planned and prepared, a comparison on the same basis, not including the public relations, shows: 1986 Event Same Usinq 1987 Bid Costs 223 Drums ITT Days 223 Drums in 1 day Site Operations $12,000 $ 9,700 Drum Cost 223 Drums @ UC 98 @ $175 17,150 150 @ $190 28,500 @ Fre 100 @ $175 17,500 73 @ $225 16,425 21 @ $225 4,725 OSC Chemists & Admin. 5,428 1,250 Portable Toilet (Fre.) 65 Included OSC Paint/Rubbish Service 633 625 27 cu.yds. paint @ $40 1,080 27 cu.yds. @ $40 1,080 Tents 1,86.1 _Included $57,58U— Cost Per Generated Drum $271 $258 B. To give you further information relative to the cost of the projected 1987 program, we have reviewed our files for prices quoted to us in the past by a major conductor of hcusehold hazardous waste programs. Using these and the average number of drums projected in the Request for Proposal , we show the following comparison: ABAG HOUSEHOLD HAZARDOUS WASTE PROGRAM 1987 - SIX COLLE N CTI R S Comparison OSC-CWMI bid with projected cost for same services using another major subcontractor, based on cost data from OSC files. With Other OSC-CWMI Subcontractor Bid AREA 1 (Typical 306 Drums) Total Cost $77,455* $77,530 Cost Per Generated Drum $ 256 $ 253 AREA 2, AREA 3, AREA 4 (Typical 226 Drums) Total Cost $59,055* $58,505 Cost Per Generated Drum $ 261 $ 259 AREA 5 (Typical 111 Drums) Total Cost $32,240* $31,985 Cost Per Generated Drum $ 290 $ 288 AREA 6 (Typical 157 Drums) Total Cost $42,800* $41,260 Cost Per Generated Drum $ 273 $ 263 *Does not include cost of tent. 2. The volume of the drop boxes to be used for latex paints is 20 cu. yds. We estimate they would hold about 3,000 paint containers each. These are the same size used for the Tri-Cities collection, and are chosen because these are water-tight boxes. 3. The limit for the $35 surcharge is set at 150 drums because that is the point where overtime is expected to start. An alternative would be to increase the site fixed costs on a 200 drums certain basis. Using the fixed cost as bid and the surcharge starting point at 150 drums gives ABAG an advantage in case of a light turnout. 4. Oakland Scavenger Company and Chemical Waste Management, Inc., will provide at least three receiving lines/stations at Areas 1 and 2 sites and at least two receiving lines/stations at Areas 3 through 6 sites, as requested. 5. OSC will take the primary responsibility for obtaining the permit variances and coordinating information, as requested, if the necessary authorizations are presented by the cities or jurisdictions as pointed out in the bid document. 6. PCB's at the household waste level will be accepted and packaged for shipment for incineration as shown in the bid document. 7. Recycling of fluorescent tubes or mercury vapor lamps is expected to cost about 75 cents per tube or lamp over and above the value of the mercury retrieved. 8. As stated in the bid document, excluded wastes will be turned over to the host city fcr storage or handling, if arrangements can'be worked out. Otherwise, these wastes will be returned to the participant to hold for proper disposal or until such time as disposal facilities become available. Excluded wastes which slip past the initial screening and cannot be returned to the participant will have to be handled by the host city. Disposal services are usually available to the cities or individuals for radioactives,, compressed gases and explosives, and Oakland Scavenger Company will assist the city or individual to locate them. ~. ' No facility in the United States will accent dioxin precursors for disposal . The California Department of Health Services will probably give a city a variance to store these as lono as is necessary, according to Dan Murphy of the Dept. of Health Services, who is in charge of granting permits for household hazardous waste programs. Oakland Scavenger Company has taken the initiative to press DHS to find a suitable outlet for wood preservatives, pesticides and herbicides which may yield dioxins, since tnere is no forecast as to when disposal facilities for these materials will become available. Financinq Through Rate Structure Jurisdictions served by Oakland Scavenger Company would have two options for paying their prorate share of the cost of this proposed HH14C Program. Payment could be made from jurisdiction funds if available, or through the rate structure. The decision to participate in the Program and the method of payment clearly resides with the City Councils and Boards of the jurisdictions that Oakland Scavenger Company serves. With this understanding, Oakland Scavenger Company in cooperation with ABAG, is willing to particioate in the presentation of this worthwhile Program. The jurisdictions wishing to participate in the proposed Program will be required to pay their prorata share of the cost. The method for raising these funds would clearly reside with these jurisdictions. y EXHIBIT A Attachment 4 Collection Date Area 1 2 3 4 Y_ S 6 Collection Date: Tii n a , 1987 -1- "' Attachment 4 Exhibit A EXHIBIT A CITY: ATTACHMENT 5 --^.POINT OF TYPE OF RETURN TO * RETAIN FOR * RETAIN FOR ** RETAIN FOR *** ATE INDIVIDUAL TRANSFER. TRANSFER TO: TRANSPORT AND JRIGIN I'0 CITY DISPOSAL FRCk': RADIOACTIVE.S EXPLOSIVES (INCLUDING AMMMITION) u Z COMPRESSED 3 GAS CYLINDERS X DIOXINS AND Le�� DIOXIN 11 DERIVATIVES CST RADIOACTIVES \/ r+ EXPLOSIVES (INCLUDING U AMMUNITION) COMPRESSED r+3 GAS CYLINDERS DIOXINS AND L DIOXIN DERIVATIVES RADIOACTIVES EXPLOSIVES ` r (INCLUDING X w� AMMUNITION) oCOMPRESSED GAS CYLINDERS . DIOXINS AND DIOXIN DERIVATIVES *Indicate choice of,your disposal-option by an "x" **Indicate choice of your disposal option by filling in location of storage/disposal facility ***Does not apply to dioxins and dioxin derivatives t' EXHIBIT B Work Schedule Task (See Exh. A) Delivery Date ABAG: 7(a) Throughout the contract term 7(b) Throughout the contract term 7(c) At least two (2) weeks prior to the Collection Date 7(d) At least two (2) weeks prior to the Collection Date 7(e) At least one (1) week prior to 7(d) 7(f) Within ten (10) working days after the Collection Date 7(g) Within one hundred eighty (180) days after the Collection Date 7(h) Within forty-four (44) days after the Collection Date 7(i) Throughout the contract term Contractor: 8(a) To be completed within three days after execution of contract by ABAG. 8(b) Submit applications within five (5) working days of receipt of information. 8(c) Within two days of receipt of draft 8(d) Prior to the Collection Date 8(e) On Collection Date 8(f) On Collection Date 8(g) On Collection Date 8(h) On Collection Date 86) On Collection Date, or as soon as possible thereafter 8(j) On Collection Date, or as soon as possible thereafter 8(k) By Collection Date 8(1) On Collection Date, or as soon as possible thereafter 8(m) September 30, 1987 Lead City: 9(a) Provide information within three (3) days after execution of contract by ABAG 9(b) Upon execution of the contract by Lead City 9(c) Throughout the contract term 9(d) Up to and including the Collection Date 9(e) Upon execution of the contract by Lead City -1- Exhibit B 9(f) To be completed within three days after execution of contract by ABAG 9(g) On Collection Date 9(h) On Collection Date 90) One (1) week prior to Collection Date 90) Per Exhibit C 9(k) Upon execution of contract by Lead City Participating City: 10(a) Throughout the contract term 10(b) On the Collection Date 10(c) Throughout the contract term 10(d) Per Exhibit C 10(e) Upon execution of contract by Participating City -2- Exhibit B F EXHIBIT C Fee Schedule 1. Contractor's Fees .Base Costs (includes one (1) paint drop boxes) $ 10,228.00 Disposal fee -- landfill (costs per fifty-five (55) gallon container filled to maximum of twenty (20) gallons of waste) 190.00 Disposal fee -- incineration (costs per fourteen (14) or thirty (30) gallon poly drums (lab packs) filled with a maximum of three to five (3-5) gallons of waste) 239.00 Latex paint -- per cubic yard (of cans received) 40.00 Drum surcharge -- per drum for each drum over one hundred fifty (150) 35.00 Extra paint drop boxes -- per drop box 250.00 Nighttime operations (only if necessary) -- per night charge for generator and lightplate 400.00 Excluded Wastes: Explosives -- arrangements should be made with local bomb squads to handle such wastes. 0.00 Radioactives (low-level, i.e., thorium or suranyl compounds) -- City must temporarily store until such wastes can be packaged, removed, and disposed of 0.00 -- labor travel, packaging per trip to Bay Area 2,100.00 -- transportation of waste 5,600.00 -- disposal per container 700.00 Gas Cylinders -- City may be required to temporarily store such cylinders until such wastes can be packaged, removed, and disposed of 0.00 -- packaging (per cylinder) 30.00 -- transportation to BDT (per truck) 9,320.00 -- transportation to Cylinder Recon (per truck) 10,560.00 -- disposal per cylinder (based on lecture cylinder size) 200.00 Dioxins -- overpacking 0.00 -- no other services available Exhibit C ;M 2. Cost Allocation ABAG's total contribution to the one-day program shall be Ten Thousand Dollars ($10,000). The total cost of the one-day program shall be initially allocated among the Lead and Participating Cities in the same proportion as the ratio of total households from each City participating in the one-day collection program to all households within Area 1 participating in the one-day program. The total cost shall be reduced by ABAG's contribution to the one- day program (net cost). 3. Invoice and Payment Schedule (a) Contractor shall submit an invoice to ABAG and each of the Cities setting forth base cost and all unit costs within thirty (30) days after the Collection Day. (b) ABAG shall, within two (2) weeks after receipt of the invoice from Contractor, issue a statement to each of the Cities, with a copy to the Contractor, setting forth each City's share calculated pursuant to Section 2 of this Exhibit C. (c) ABAG shall pay Contractor its share of the total cost within one hundred eighty (180) days of the Collection Date. . (d) Each of the Cities and the Contractor shall separately agree to a payment schedule and payment methodology upon execution of this contract, which schedule and methodology whall be designated Attachment 1 and attached to this Exhibit C. -2- Exhibit C EXHIBIT C ATTACHMENT 1 Payment Method Area 1 City DUBT,TN 2 3 4 XXX s 6 Payment shall be made through inclusion of the net cost of services in the solid waste rate structure. This shall be in accordance with the approval of the Joint Refuse Rate Review Committee. OAKLAND SCAVENGER CO., INC. CITY OF DUBLIN by: by: Linda J. Jeffery, Mayor Dated: -1- r. Attachment 1 Exhibit C r� EXHIBIT D Invoice Preparation Guidelines A. The original and two (2) copies of the invoice must be submitted to ABAG's Program Manager, Emy Chan, for approval. All invoices must be approved by ABAG's Program Manager. B. The invoice should contain the following information: (1) The word "INVOICE" should appear in a prominent location at the top of the page(s); (2) Name of Contractor/claimant; (3) Business address of Contractor/claimant, including P.O. Box, City, State, and Zip Code; (4) ABAG should be noted as the coordinating agency; and ABAG and each of the Cities shall be noted as the agency being billed. (5) The date of the invoice; (6) The title or number of the contract upon which the claim is based; and (7) An itemized account of the services for which ABAG is being billed: (a) The time period covered by the invoice, i.e., the term "from" and "t0"• (b) A brief description of the services performed; (c) The method of computing the net amount due. On cost reimbursable contracts, invoices must be itemized based on the categories in the Budget attached as a part of the contract. The amount claimed for salaries/wages/consultant fees must also be explained; i.e., hours or days worked times the hourly or daily rate equals the total amount claimed; and (d) The total amount due; this should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due under the terms of this contract shall include all costs. C. Original signature of Contractor/claimant (not required of established firms or entities using preprinted letterhead invoices). t . . -1- EXHIBIT E Associat-: - of Bzj3, Arco C:)v,:rnn:--int5 il!1;17 H TG -S" ':CES C07Y%` STATE UU l",T '0. 5-179-253-0 STANDARD AGREEMIENIT 1. ty, U.S,rNvlk,- EPA A'LS IS i I t PART I•A.�-1S I Ar.Ci NO I I Al I 0': 4TION PAv r M j nt— f C,-I-. :.—d Yaa T.at 1-.3-1 To: TV PE OF .-M S.PA Y L L Czli!orni3 sate water RQs0jrCcs Sar7,2 as Itc.-. Centro? 1%: rd CA —————————— — I 1).f.tClIlLNI I yr, 03 :;I p.• AGE r:,.r,Z)T E t PHLt.L UC. I.'.C0:.LULl 4'-N'1 7'11--f—C11011 *-ivis•icn cif *.--ter Quality I].IiStn :•F1;CL C,r)/Sl—) it..EPA Fr.3jiZ7.,t;TATE fil-FICEn AND I:Lci'-C;NZ NO Valeric u n1c "re-on: Street Prozj ect F, 10 (.15) 974-3262 is.EPA CO:•GmEL;',;0-%'A.L Lll-l.;O Z 7EL.IiO. 51,ATL ID P•CLra CF :'1l:Djt:T!T--'rA'; :'Z, ;3,rL u:iY .,.ThC.AITY 5205(j) mean ater Act 0 C. Parts 29, 30, 32, 33, 35 1 0 ,.•:l:{C• 2 2. --J E C T TITLE I N 0 Z) 14 1 P T I Z;t. I I Dj, t-e amunz of S2,827,C5'D im-)!cmentzzicn of thirty--=a (31) water qizaity ranagewrt plannin:. projects. .a PROJECT L---CA7;"-•$A— L"1• 0 24.A!ZISTANCZ F RG3k AMIC)l DA P• gm,,ho.z 7 giwil 2, F RC !:T PE -.6.C,;DZET PEmCO 66.454 'Vatc-r ioate 0.-: - 9/33/88 DZE0 of - 9/33/33 �l CC • i.3 'C-,AL"-Q0LET rEnl'.;:)CC.'-. -.'A.TC:I^L rnojEC*.T PERIOD CCST SL827,6�0 S2,827.SraC, F L F C,P 11 Ft 0 f-4 r)E D 3- 41. 11 EPA I Q••.a!l?Ca:'0A 114• "f0-pr"I ••o t P& .41 IA.0.C. E',a,•rt wh.cn•t•obw,rov. EXHIMT (continued) 1ADLE A 0EIjrCT CLASS CITLZC:;v I TOTIL I 1.PE E,,t r ii S 2.-:'AVEI I,ct'NT611.,7u AL 7.co-syp%:�I;Cll 01✓E4 161AI. "17r(:T CNAt.Gk S 2.F27,�53 2,C27,Fr.0 m TOTAL'Sh-,C: keor,enf—ll 11 I1' TCTAL APPROVED AS51,TASCE AMOUNT s 2,S27,850 TArLE 0 - PROC-R&M E:LEMC,AT CLASSIFICAT1011 14,*—n-cons(mc lion) FT-- 7. 12- TOTAL rcc,Ptcnl Fcit,o I IS. TOTAL APPROVED ASS!STAKCE AMOUNT I s TABLE C - PFjOGC;A4A ELEMENT CLASSIFICA--tOK (Consiru.:lion) pj,I•'t I..&n-f F KPE-.SE L 34 LAND STPU=T*.;;;!S. I:IC.7-OF-•Ay A.ACC✓ITE:"7UPAL ENGINE FRIIIi 6AS:C rfES S.OTHER AR.-p-.;irC-UnAL CNGjsr.tp%wC LEES G.P-OJECT tK!P[C1!:!N TEES 7.LAND C!VLLrPOF.NT A.P.!LGCAr-JW rXi'C••SES 9. F•ELOCATI •N ✓oYWENTS TO IsnIVICUALS AND BUSINESSES 10.C�E✓rjLITIC'N AND PENOVAL it.CONSI mLICTION AND PROJECT—PROVI,"t%T 12.•,S:ELL ANCCUS 14.TOT AL L I. •I f• ,JY1 •6.NCy A✓C-)-T 'L,,,-J-n. .15) LC%S 6%!L :,Ir-LC I%:L V-C%4! 18. 17:: C:':T—t—Es •TOTAL(•••jtr: Ftc,Plen( Fcc'r"l —174 :0.TOTAL --P'?rOVCD ASSISIA14CE AMOUNT ( S L tP♦ F•• I""->bJl PACE 2 Of • EXHIBIT (continucd) PART M—AVARD COM01110i4S CEKERAL C0?.'D1'r10HS The jeCipientC0•.-!'n3r.1n and ar.tCCS that it U•I!l co•nPlete the proiect Wol, for which hz- bt-c" P •i-'('vd r"Ider ih;,, Prtev,-Crt, sit .I;-.-,:.- %-.1th�.!) zippl%:�Lle Provisions r,(40 CFR z, ':t It. its contincto!s, subcon'.rAc',O:L:, Ch;,,i*,cr 1, SL�:�:•Tt 13• lile fccm-1cm U;. rants. tv,, :rer,.s, n r. -,kers %" U P Chapter 1, ""Illch"Pa-T B, cr.pJ3.."s -.qirt-ncnta:ivr--, v-.Ii cc ;.IV wi',!:: (1)i.j. .;'1:'C2',. j,*.1,'1-'.)-'-1-�of 40 Cr t,. C*z,' "an 30, on' nnv-c-121 M:-, NrT TO t'-c prov:sicns oi Ar,-vr.(iix A I . . - cot. :tions sc* lor--il in tilts uss:stance nrrt.crt-nt or any assistance arnen6mcra pu!suant tv 40 CFR 33.425. D SPECIAL CON0171;NS (F c, Idmilic . Co,-pvra:jvr tj,�reerocnrs i?!cludr cr --::r.n:7.:rr2za1ion o!EPA responsibilities that rc!Jc--f c. contribure to svbst•-,.6a1 ir.voitc=nt.) 1. An interim !inzr.=4.L-1 Status Rcport (FSR) coverin7: the r"--r;.cd fray the date Of aWarc- - Se-rtc7b�r 33, lC36 ShZ11 Su-ly--u'ttCd to the Grants h:!miniS=tiOn Section, P-5, no late: than necent�r 31, ISE6. A Second interi:7. FS?. cov�ring the period fron the date Of is gar. - S-2ptc--t>--: 30, 19S7 shall b: butted to EPA, P-3, no later than D?c=*F2: ---I, M7. A FSR covering the entire W""'et ;-rickf frar, t`ie date of award - S-note:-_-,r 'YO, 1988 shall be submittcd to.Ep;%, P-C, no later than Decatbar 31', 1568. 2. The recioient acrees to ccrply with the of OMB Circular A-128 (ccpy enclosed) c;v;c.-ning C.o audit of financial assistance to State and local c-o%--=77�ents and tri!r;s. (This rc=--iire:7z-,t replaces 40 CFR 30.540(b) %.'iich is base 03 on Cr-M Circular A-102, Attacr.ant P). 3. The recinient Lcre?s to su:x7it to the R,-:iicn IX S7%-11 and Disadvantaccd Business UtiliLation Coortin=tcr, r-1, a EPA ro= C005-1 within fiftecn vr)rkinq after ttz end of each 14cderal fis=al guar-ter. Negative reports are re-quired. S. The cost principles of (YX3 Circ-lcr --37 are applicable to this aware. Since th--re are no indirect costs in:lutcd in the assistance budget they are una-11cwale unter this Ccc.o,::rative S. Letter-e=-Credit financ r; shall tx! t-he paym:•nt -ii!zn for assistance awarded under tq-;c- Coot>crative A=recment. The recipient agrees to: (a) Initiate cash drawdlv.ms only when actuz:lly needed for dis'A;rse:Tents; (b) Repert cash --dis!:--:r-rE2rts an:i balances in a timely renner as reqjirat by the Letter-t:-Crctit Users '.'-mnual; and (c) in;pcse the sz-,►2 stantarts C--' t17-irj anJ enount upon secondary recipients (ex., contraztc:s), including the furnishing of repor-ts of casn Failure to ccr�ply with these -,e:r-:i.-a7:ents ray the unzbllicated portion c-f t!-ie lette: of CrCCIt tc -a rel orkeJ EPA and Ilia financing C.C,j c:-.angcJ to a EPA f PALE 1 00 4 Part? 3 o f 4 EXHIBIT (continued) 1,Allot, b.51-CCIA, [010111(,-3(C-11...d) 6. LVA rest•rives the riCht to tram;fer th.:- title ic: r.-:)nexp:,ndmb1e - personal having a Unit a=IiSitic-1 CC,.-.L Of $1,000 or sore to Lhz Federal G,%v-2m.-mt or to a thirl" within ' 120 d:ys after rro.4(-,-t curpleticn. The ::,ate: Res:m-,rcr--. Ccntrol TVvtrd s,:,jj folluw the st,.nt-,rds in 4; Ci-q 30.531 and th3 dis--%:.Ziticn in -10 C R 30.532• Tne Ln3t interest in such pre;-arty is a0a:ivatcly ref'.ectcd in any r-_-eject contracts V ncigutiated tinder this Ccin�Cral-iva k3roCn2nt.. Prc,7:rz--m fcz- the Lc>ord cf Furestry P-j-'cs" -4-: C0n1tiC-:-.ud L-Ayn ErA's w:ittc.n apprc•ai of tne wen-i:plan ic: _nu !":%?. or. rm project Trie work elan sh--11 confo:;i: to the S:R2,51s provideJ at t:-,c -1 rcq-.cst L= p:cpa�;als dated —;.z? cf- thc cr-,gir- Sc,pte.-vb::r 6, 1984. *Indicates tpecial condition3d ronvy P%R7 1 V NCTE: The A-,.:t-f-rr•-nt munt be cc,mpleted in duplicntc end the O:ir.in3! 1C.11trIt-Li to -v Jt:m-s Admini.,---sorin Division for o •ards and to the --ppicpriate Cants Office iC. Slate and lf!C.il caictidat %veks aftpr fecLapt or wi*hm any mrnsion QWar:J% within 3 Of time as Win,be granted by EPA. VCCeiDt of 2 WTi'lC1 MfUS31 Or fWii'-;rc to Tettim the r-.rper!y executed.d-3---umtml within 6T prcscri':).-d time, Inav result in tiro vt-h-rawai of the ofic-by In:-A tens v- -Any C112n.r.e to Me A:!-.remcnt by the If.-CiPIC.It s1:1,!:Cquent to the C:Ocument i.IeMr . . I . , s:rned by !he EPA Award wlsich the Award kli'ici4l 6cturmines to mzto.ia1i,. alter tke Agreement shall voiti the Ar.reer-nen'.. OFM: AN!) ACCFPTLNCE The United States of Anienca, active by ard through the U.S. Environmental 1•m-rction Agency(EPA), hem'j, ci:ers as--i-tanct/an%endment to tae Q=tm! • r 100 %of u:I approved costs incurred up to and cat exceeding S-2-,-E2-j, for the support Of approved budget period effort desc:ibcd in application(inch:-di.g all ap;licotion for Fc2-2r21 ,hr-sist=ice 9/• /65 inziuded herein I.y re.,i;rcnce. iSsutr.r. crrIcC (6rknf. Acrirsjztrz!ion C)hjce! A-ARD *=a•-I�VA-, C)FF'I:E Office c--' Policy Reqgicn.aI : EPA, Reg-Jc.1 9 .-C) MA, Rf--7ic,n 9 215 F--a=nt St--eet 215 Etzect Szn Fra"ci—=, C\ 94105 San C. 5.'105 T• 1 VNIICC STATES c A ry TwE U.S. E:I%Iiczn• orCTEC71C•. S-r.kAT R=OF A.AF46 of riC.I&L I—L.hA-E AIZ 'ATE rr, G 0 E This,grremmt is subject to applicable U.S. Enviionmen';4 Protection Avency-sttntutory plovis:ons --nd t,-;sist--ncc te,-,ulauons. In accepting Ns awatJ or arneridnen, ar.d any Payments mjuc tnefeto. (1) the undt--s:i:tied represent-.; that he is duly authon:ed 10 act en behalf cf the reel-ent the -ccipicrit ;177ees (a) that the owird is &L:bjrct t-3 the a-,rl1c.1b:C provisions of -:3 CFF C`•.:71:t-r 1, y--;bcnn;tcf 0 and of Cne of Ois arjeeornt (Pa.%s I thni I%*).:,nd(b7 f';..: 0! ar.v pay-:,:n-.s cz:;stitules an arjerr7.ent 0c pn%tc that the 2mouits, if any fou.%d by FPA to h1vc Lee'.' 0%er-)zld Will be tL c. credited in fLAI to EPA. r.y Lt:_ C4 rivm v rii:CPJAT17 01 DATE 0'J PALL •OF LJ-A Pan,, ^ of r III r. �1- DOO/a�' A �r� M y� I•+ t _ f CHAMBER OF Ct pt7a+n¢'f4•'�`qi�f i v { s t� 'p° MAP O: LIVERIV M f+ y 1 r - y- ..III .• I LIVERMORE B ' � CHABOT� 7 LLEGE t -VALLEY. o ; o s d o° ma Yt CAMPUS ,lcovftlra r: I j. .. .. .� .•parkin �, �' e� V. at s c �ttOnwpOa c North anV°n > o Road Z'Canyon n G u,3G Friesman Ro ;. ?, c Kittyhawk yt' Portola ;!: ' O 1 '9 �/ •! 1. is Amgot �� • `" �• 'G`�( 1 O Earhart L ° a,via Ginooal Way ~N $ a.via San j— 9 West to - �l » E s.via o•Este Dublin •-�!:+ S nd Oakland (y�r�';. \:m L• I Z o g is �f' {1' �Hou Drive Lindbergh Avenue ��n c -vMo G1u_b�' "3.' a1 l.pyo Las Posiit. L..�� .. y ay ' ��O�i am m _A._.!`�- I ' Humboldt "•"� ffV"••�?:7•f:;�f ftp�ufe ;?i Cif c' Park LAS "` f. Airway Boulevard Alameda Kc ■ Cf °�'�a // POSITAS '' '• / Arlington Rd H n ver 7 / GOLF =�'... s; ::I I -6 Covin on 0" d tr .} _\tr. { O O O York WY. ¢ c \ r ° ��: COURSE "�; :: o H (s o l LIVERMORE MUNICIPAL AIRPORT I Saybrook °" "=1 Ricken acker Hanove _re - Road •I`.. I I t e d"F. I< o =�_ p ircle Dover 1 ra Brookfield Dr. Ivi miff Rrclamalinn Pmm LAS POSITAS p Bri Mon Wy 9 C_ h Are a BLVD. goy�d T.m.IOaiaY Garoen I m' Vo t O N c o e Sw rsri.rorDl n G Tr Q Ranch, off.ml one Jaa poaitaa dSen. Educat r'•m- Center� • i G�j'�o° t, a e F aMn edar �aDrive ml n C, °i v ull ti Av v f N rem C ecaa. ° E v all t c Buckeye ° ,:—4 . i `H Okada :` o rose A VOlivin Avenue < Qal�ana trP Gold ii Ch I iar^ l7 O i° u IHagemaae bl.��! t c vl .c Jummi bird o}�r.rk ': Rainier o Ave. —Ln. `� f Er <,�lt , �l� Quarries f p..:.•' E _/�-�� .a m6 — t Mocho EASTi� e"-` ;y ... j pA1LR0AD _ C.oU oN Wv- K, �—VLEASANTON j F Fr BOULEVARD ` Leh ." m \n Niy A r C 1 1 PAC gTANLEY ��Ln. �.Em <<i ly 1' Jtr/ UNION VARD !i.:. J<,rI.. P`c Fl✓ LEY BOULE A.. ? .� _ `k,�• w a12' >'j " , �r3°� s n•c:r^ STAN a' a ,. L . SHADOW CLIFFS Amber wa N 1 `U:1-c, Bon lLainc I }w + n 6 Dr Nr "wvAeron 1��\� h' REGIONAL RECREATION �t ��� `.T,, ; Py Q ..• Pond ParkOtllce, AREA V''•c}. y f4•� } t....�\ �m':�r"" r• i J �c'1'Q\'C',�,o�� r:`:•r •w�.. , F t^err r a (