INVITATION FOR BIDS ( IFB ) NO DISPOSITION OF LOW HAZARD WASTE AND UNIVERSAL WASTE FOR THE LOS ANGELES COMMUNITY COLLEGE DISTRICT

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1 LOS ANGELES COMMUNITY COLLEGE DISTRICT CONTRACTS OFFICE 6 TH FLOOR 770 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA INVITATION FOR BIDS ( IFB ) NO DISPOSITION OF LOW HAZARD WASTE AND UNIVERSAL WASTE FOR THE LOS ANGELES COMMUNITY COLLEGE DISTRICT PROPOSED IFB NO SCHEDULE 1 : IFB No Issued: May 10, 2017 IFB No Questions Due: May 24, 2017 IFB No Bids Due: June 14, Dates provided in the schedule are merely estimates, and as such, not guaranteed. The dates are subject to change at the sole discretion of the LACCD.

2 TABLE OF CONTENTS I. INTRODUCTION A. Purpose of IFB B. About LACCD II. IFB INSTRUCTIONS AND CONDITIONS A. Bid Submission and Opening Date B. Bid Content and Format C. Meeting Bid Specifications D. Mandatory Requirements E. All Information Including Proposed Fees to be Accurate, Complete, and Valid F. Authorized Signatures G. Authorization to do Business H. Requirements I. Questions about IFB J. IFB Addenda K. Interpretation of Bid Documents L. Withdrawal of Bid M. Exemption from Disclosure N. Pre-contractual Expenses O. Joint Offers P. Basis of Award Q. Proposed Contract R. Exceptions/Deviations S. No Commitment to Award Agreement T. Acceptance of Bid U. Execution of Contract V. Term of Contract W. Default X. Protests III. GENERAL GOALS AND SCOPE OF SERVICES A. Personal Services Objectives B. Prohibitions and Exceptions C. General Conditions, Considerations, and Fees IV. EXHIBITS Exhibit A Bid Page and Statement of Intent Exhibit B Non-Collusion Affidavit Exhibit C Non-Discrimination Certification Exhibit D Confidentiality Agreement Exhibit E Acknowledgement of Addenda Exhibit F Exceptions and Deviations to Personal Services Agreement Exhibit G Personal Services Agreement Exhibit H References Exhibit I Subcontractors Exhibit J Treatment, Storage, and Disposal Facilities Exhibit K Spill Response Supplies/Equipment List for Foreseeable Emergencies Exhibit L Regulatory Citations, Order to Comply, Administrative Inquiries for Last Five Years of Operating Experience Exhibit M Financial Stability and Responsibility Exhibit N Personal Service Contract Fee Tables

3 I. INTRODUCTION A. PURPOSE OF IFB The Los Angeles Community College District ( LACCD or District ), a public institution of higher education, solicits bids from a business entity or business entities ( Bidder or Bidders ) to enter into a Personal Services Agreement ( Agreement ) with a qualified business entity ( Contractor ) to provide services in connection with the disposition of low hazard waste and universal waste during the period of this Agreement for any and all satellite and outreach locations of the LACCD and each of the following locations: 1. East Los Angeles College, 1301 Avenida Cesar Chavez, Monterey Park, CA Educational Services Center, 770 Wilshire Boulevard, Los Angeles, CA Los Angeles City College, 855 North Vermont Avenue, Los Angeles, CA Los Angeles Harbor College, 1111 Figueroa Place, Wilmington, CA Los Angeles Mission College, Eldridge Avenue, Sylmar, CA Los Angeles Southwest College, 1600 West Imperial Highway, Los Angeles, CA Los Angeles Trade-Technical College, 400 West Washington Boulevard, Los Angeles, CA Los Angeles Valley College, 5800 Fulton Avenue, Valley Glen, California Pierce College, 6201 Winnetka Avenue, Woodland Hills, CA West Los Angeles College, 9000 Overland Avenue, Culver City, CA B. ABOUT LACCD LACCD is a community college district in the State of California, which provides comprehensive lowerdivision general education, occupational education, transfer education, credit and non-credit instructional programs tailored to meet the needs of students for academic and occupational preparation, citizenship, and lifelong learning. LACCD serves several million residents in southern California within an area of 884 square miles of metropolitan Los Angeles and unincorporated areas of the County of Los Angeles. II. IFB INSTRUCTIONS AND CONDITIONS This IFB contains the instructions and conditions governing the requirements for a bid to be submitted by an interested Bidder, the format in which the bid is to be submitted, the material to be included therein, and the requirements that must be met. Each Bidder should carefully examine the entire IFB and be fully aware of the nature and quality of the services sought by LACCD as well as the conditions in providing such services. BIDS MAY BE REJECTED AS NON-RESPONSIVE IF THE BIDDER FAILS TO FULLY COMPLY WITH ANY OR ALL OF THE INSTRUCTIONS OR CONDITIONS SET FORTH IN THIS IFB. A. BID SUBMISSION AND OPENING DATE The Bidder shall submit to the District one (1) printed original bid and eight (8) copies of its bid, together with a USB drive containing an electronic version of its bid in editable Microsoft Word Format, no later than 2:00 p.m. on June 14, The printed original bid must be marked on the cover page with the following notation: ORIGINAL. Bids must be signed and shall become property of the District. Bids shall be submitted in a sealed package plainly marked with the following statement: IFB NO : DISPOSITION OF LOW HAZARD WASTE AND UNIVERSAL WASTE FOR LACCD; Opening Time and Date: 2:00 p.m. on June 14, Bids shall be submitted via mail or in person delivery no later than 2:00 p.m. on June 14, 2017 (the Bid Submission Deadline ). Bids shall be mailed or delivered as follows: 1

4 LOCATION: Contracts Office, 6 th Floor Los Angeles Community College District 770 Wilshire Boulevard Los Angeles, California Bids must be received in the Contracts Office of the Los Angeles Community College District by no later than the Bid Submission Deadline, and shall be opened in public shortly thereafter. No bids will be accepted after the bid submission deadline. Any bid received after the Bid Submission Deadline will be returned to the bidder unopened. It is the sole responsibility of each Bidder to ensure that its bid is timely and properly delivered to the District. If a bid is hand-delivered, ample time should be allowed for downtown Los Angeles traffic and parking. The District shall not be responsible for, nor accept as a valid excuse for late bid delivery, any delay in mail service or other method of delivery used by the Bidder, or any reason whatsoever, including but not limited to, weather or traffic conditions, illness, accident, delivery to wrong location, courier or parking problems, etc. The District will not accept bids via facsimile, and/or telephone call, and/or correspondence. The District does not provide parking to Bidders and/or third parties acting at the behest of Bidders. B. BID CONTENT AND FORMAT Bidders are cautioned to keep the bid pages intact and return all of the following documents when submitting their bid. The Bidder s failure to submit the complete bid pages may invalidate the bid. This IFB and the successful bid will become a part of any contract that is executed as a result of this IFB. Any bid attachments, documents, letters and materials submitted by the Bidder will be binding and may also be included as part of the contract. 1. Cover Page A cover page with the Bidder s name, the title, IFB No : Disposition of Low Hazard Waste and Universal Waste for LACCD; Opening Time and Date: 2:00 p.m. on June 14, Transmittal Letter/Introduction The letter of transmittal shall be addressed to the Contracts Office and must, at a minimum, contain the following: Identification of the business entity, including name, address and telephone number of the business entity; name, title, address, telephone number, and address of contact person; a statement to the effect that the bid shall remain valid for a period of not less than 120 days from the due date for submittal; signature of a person authorized to bind the Bidder to the terms of the IFB. 3. Table of Contents Immediately following the transmittal letter include a complete table of contents for material included in the bid, including page numbers. 4. Mandatory Documents Bidder Must Complete and Submit With Its Bid Exhibit A: Completed and signed Bid Page, including Statement of Intent; Exhibit B: Completed and signed Non-Collusion Affidavit; 2

5 Exhibit C: Completed and signed Non-Discrimination Certification; Exhibit D: Completed and signed Confidentiality Agreement; Exhibit E: Acknowledgement of all addenda issued by the District; Exhibit F: Completed and signed Exceptions and Deviations to Personal Services Agreement; Exhibit G: Personal Services Agreement; Exhibit H: Completed References; Exhibit I: Completed Subcontractors; Exhibit J: Completed Treatment, Storage, and Disposal Facilities; Exhibit K: Completed Spill Response Supplies/Equipment List for Foreseeable Emergencies; Exhibit L: Completed Regulatory Citations, Orders to Comply, Administrative Inquiries for Last Five Years of Operating Experience; Exhibit M: Completed and signed Financial Stability and Responsibility plus Certificate of Insurance; and Exhibit N: Completed Personal Services Contract Fee Tables. GRACE PERIOD FOR MISSING OR INCORRECT FILING OF EXHIBIT A N: In the event that the Bidder fails to submit all or any part of Exhibits A through N above with its submission or if any submitted item is incomplete or incorrect, the Contracts Office will notify the Bidder and the Bidder shall have an additional three (3) business days to submit the missing item to the Contracts Office. Failure to submit the missing item may result in the disqualification of the Bidder if the mandatory item is missing entirely. Failure to complete or correct a mandatory item will result in the Bidder s bid being considered in the form in which it was originally submitted, and possibly, non-responsive for failure to provide the required documents as per the instructions and conditions of this IFB. C. MEETING BID SPECIFICATIONS The services offered by the Bidder must meet the specifications as described in this IFB. The District reserves the right to reject as non-responsive any bid that does not meet the specifications as described in this IFB. 3

6 D. MANDATORY REQUIREMENTS The Bidder shall provide all required information including, but not limited to, references, subcontractors, treatment, storage and disposal facilities, spill response supplies/equipment list for foreseeable emergencies, regulatory citations, orders to comply, administrative inquiries for the last five years of operating experience, financial responsibility and stability, certificate of insurance, personal service contract fee tables, etc. in accord with article II., section B., subsection 4., of this IFB. The Bidder must complete and submit all Exhibits and mandatory document(s) herein to comply with the mandatory requirements of this IFB. E. ALL INFORMATION INCLUDING PROPOSED FEES TO BE ACCURATE, COMPLETE AND VALID The Bidder must provide information including, but not limited to, fee information for all items on the Personal Services Contract Fee Tables at Exhibit N. Failure to do so may invalidate the bid. The price bid must be accurate, complete and must be valid for the initial term of the contract. The Bidder is responsible for the accuracy of the bid submitted, and no allowance will be made for error or fee increases that the Bidder later alleges are retroactively applicable. F. AUTHORIZED SIGNATURES Exhibits A through F as well as Exhibit M must all be signed by the Bidder's authorized signatory and must be submitted by the Bidder in the sealed envelope along with its bid. The District is unable to accept any bid submitted without these statements completed and signed by the Bidder's authorized signatory. G. AUTHORIZATION TO DO BUSINESS All Bidders must be authorized to do business in California. If a Bidder is a sole proprietorship or partnership, the Bidder should furnish with its bid a copy of a current business license issued in California. If the Bidder is a corporation, it must be approved by the California Secretary of State to do business in California as shown by it having an ACTIVE status listed on the California Secretary of State website as of the date of evaluation of the bid. The Bidder should provide the corporate number issued by the Secretary of State with its bid. H. REQUIREMENTS The bidder shall be responsible for becoming familiar with the scope of services required by the District, and shall rely solely upon his or her own independent judgment, and not upon any statements or representations made by the District, whether express or implied. The failure or omission of any bidder to acquaint himself or herself with the service requirements of the District shall in no way relieve any Bidder from any obligation with respect to this bid or to the resulting agreement. The submission of a bid shall be taken as prima facie evidence of compliance with this section. I. QUESTIONS ABOUT IFB Questions regarding this IFB must be ed to Andrew Wellisch, Assistant Contracts Analyst, at wellisah@ .laccd.edu no later than May 24, 2017 (the Questions Deadline ). The District shall not be obligated to answer any questions received after the Questions Deadline or submitted in a manner other than as instructed above. A written response to timely and appropriately submitted questions will be posted on the website at The Bidder and/or third parties acting at the Bidder s behest should not contact District personnel in any manner related to this IFB other than the submission of questions via as specified above. 4

7 Unauthorized contact by the Bidder and/or third parties acting at the Bidder s behest with any District personnel may, at LACCD s sole discretion, be cause for rejection of a bid. J. IFB ADDENDA If it becomes necessary for the District to revise any part of this IFB, or to provide clarification or additional information after the IFB is released, a written addendum or addenda will be posted on the following website address: And-Proposals.aspx. It shall be the responsibility of the Bidder to check the website or to appropriately inquire with LACCD for any addenda issued. All addenda issued by LACCD shall become part of this IFB, and the Bidder shall acknowledge, in writing, receipt and incorporation of all addenda and clarifications in its response. Failure of the Bidder to receive addenda shall not relieve the Bidder from any obligation under its bid as submitted. The Bidder shall identify and list in its bid all addenda received and included in its bid. The Bidder s failure to identify and list in its bid all addenda received and included in its bid may be asserted by the District as a basis for determining a bid as non-responsive. K. INTERPRETATION OF BID DOCUMENTS If any person contemplating submitting a bid for the services proposed herein is in doubt as to the true meaning of any part of the bid documents, or finds discrepancies in, or omissions from the documents, he/she may submit to the District a written request for an interpretation of correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the bid documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the bid documents. No person is authorized to make any oral interpretation of any provision in the bid documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. L. WITHDRAWAL OF BID The Bidder may withdraw a previously submitted bid at any time prior to the bid submission deadline. M. EXEMPTION FROM DISCLOSURE Bids will remain confidential in their entirety until the evaluation and analysis process is complete and a recommendation of an award has been submitted to the Los Angeles Community College District, except for information declared at the bid opening date. All bids submitted will become the property of the Los Angeles Community College District. The Bidder must identify, in writing, all copyrighted material, trade secrets, or other proprietary information that the preparer claims are exempt from disclosure under the Public Records Act (California Government Code Section 6250 et seq.). Any Bidder claiming such an exemption must also state in the bid that the Bidder agrees to indemnify and hold harmless the Los Angeles Community College District, its Board of Trustees, Los Angeles Valley College, Los Angeles City College, East Los Angeles College, Los Angeles Harbor College, Los Angeles Mission College, Pierce College, Los Angeles Southwest College, Los Angeles Trade-Technical College, West Los Angeles College, and its officers, employees and agents, from any claims, liability, or damages against, and to defend any action brought against above said entities for their refusal to disclose such material, trade secrets, or other proprietary information by any party." Failure of a bid to include such a statement will be deemed a waiver of any exemption from disclosure under the Public Records Act. A blanket statement that all contents of the proposal are confidential or proprietary will not be honored by the District. The Bidder s identification of a document as proprietary or confidential does not automatically confer exclusion from disclosure under the Public Records Act. 5

8 N. PRE-CONTRACTUAL EXPENSES Pre-contractual expenses are defined as any expenses incurred by the Bidder in: (1) preparing its bid in response to this IFB; (2) submitting that bid to LACCD; (3) negotiating with LACCD on any matter related to this IFB; or (4) engaging in any other activity prior to the effective date of award, if any, of a contract resulting from this IFB. LACCD shall not, under any circumstance, be liable for any pre-contractual expenses incurred by Bidders. All expenses including, but not limited to, pre-contractual expenses incurred by the Bidder in preparing the bid shall be borne and paid for solely by the Bidder. O. JOINT OFFERS Where two or more Bidders desire to submit a single bid in response to this IFB, they should do so on a prime-subcontractor basis rather than as a joint venture or informal team. LACCD intends to contract with a single business entity and not with multiple business entities doing business as a joint venture. P. BASIS OF AWARD The award will be made to the lowest responsive/responsible Bidder whose bid meets specifications described herein and shall be based on the lowest total fee for services to be provided by the Bidder for all items listed solely in section A, Universal Waste Streams, as set forth In Exhibit N of this IFB. There will be a two-step process for the determination of the lowest total fee for services for this IFB. First, the evaluator will determine the total fees by analyzing solely section A, Universal Waste Streams, for each bid based on the total lowest fee for services to be provided in the submitted bid in a document titled, Personal Services Contract Fee Tables, which is listed in Exhibit N. Since section A mentionedabove is the sole section for evaluation, it is important to note that Section B, Contractor Proposed Additional Line Items (Alternative Containers and/or Treatment Standard Fees), of Exhibit N will not be evaluated as the basis of award for the instant IFB. As to the first step of evaluation of total fees, each of the 16 item numbers in section A of Exhibit N will be equally weighted. Second, the evaluator will compare each bid and select the bid that reflects the lowest total fees for services based on solely section A of Exhibit N to be provided by the Bidder. Q. PROPOSED CONTRACT The Bidder selected for contract award through this IFB shall be required to enter into a written agreement with LACCD. The Personal Services Agreement presented at Exhibit G of this IFB is the agreement proposed for execution with the successful Bidder. It may be modified to incorporate other pertinent terms and conditions set forth in this IFB, including those added by addendum, and to reflect the Bidder s offer or the outcome of contract negotiations, if any, conducted by the Bidder. EXCEPTIONS TO THE TERMS AND CONDITIONS OF THE PERSONAL SERVICES AGREEMENT, OR THE BIDDER S INABILITY TO COMPLY WITH ANY OF THE PROVISIONS OF THE PERSONAL SERVICES AGREEMENT, MUST BE DECLARED IN THE BID, AS PROVIDED BELOW IN SECTION R, EXCEPTIONS/DEVIATIONS, OF THIS IFB. It may be modified to incorporate other pertinent terms and conditions set forth in this IFB, including those added by addendum, and to reflect the Bidder s offer or the outcome of contract negotiations, if any, conducted with the Bidder. EXCEPTIONS TO THE TERMS AND CONDITIONS OF THE PERSONAL SERVICES AGREEMENT, OR THE BIDDER S INABILITY TO COMPLY WITH ANY OF THE PROVISIONS OF THE PERSONAL SERVICES AGREEMENT, MUST BE DECLARED IN THE BID. The Bidder s attention is directed to sections 10 and 11 of the Personal Services Agreement, which specify the indemnity clause as well as the minimum insurance requirements that must be met by the 6

9 successful Bidder. The Bidder s inability or unwillingness to meet these requirements as a condition of award must be stated as an exception in the bid. R. EXCEPTIONS/DEVIATIONS Any exceptions to, or deviations from, or inability to comply with the requirements set forth in this IFB, including the terms and conditions contained in the Personal Services Agreement at Exhibit G of this IFB, must be declared in the bid submitted by Bidder. Failure to do so will prevent the Bidder from asserting its inability to comply with the terms or conditions later on. Such exceptions or deviations must be segregated as a separate element of the bid under Exhibit F under the heading, "Exceptions and Deviations. The District will make a good faith effort to consider contractual issues identified by Bidders and LACCD requires all proposing Bidders to similarly make a good faith effort to comply with the District s agreement terms and conditions. Bids that mandate the use of bidder's services contract, rather than utilizing the District s Personal Services Agreement will result in that Bidder s bid being judged as nonresponsive, and these bids will be rejected. Bids that reject the following integral provisions of the District s contract terms and conditions will be treated as a rejection of the District s contract and these bids will be rejected. Section 5 Term Section 14 Governing Law Section 15 Non-Discrimination Section 18 Board Authorization Section 24 District Authority Section 25 Accessibility Requirements The Bidder s attention is again directed to sections 10 and 11 of the Personal Services Agreement, which specify the indemnity clause and the minimum insurance requirements that must be met by the successful Bidder. The Bidder s inability or unwillingness to meet these requirements as a condition of award of an Agreement must be stated as an exception in the bid. Exceptions or deviations which are in conflict with the District's terms and conditions may render the bid non-responsive. In the event that exceptions and deviations to the Personal Services Agreement are requested after the contract has been awarded, the District may deem the bid nonresponsive and may disqualify the bid at its discretion. S. NO COMMITMENT TO AWARD AGREEMENT Issuance of this IFB and receipt of bids does not commit the District to award an Agreement. T. ACCEPTANCE OF BID Final acceptance of a bid shall be made by the Board of Trustees at a public meeting within approximately ninety (90) days from the date of the bid submission deadline. The District reserves the right to postpone bid opening for its own convenience, to accept or reject any and all bids, if it deems that such action is in the best interest of the District, and to withdraw the bid and discontinue the bid process. The District also reserves the right to waive any and all technicalities and non-substantive defects in any bid. U. EXECUTION OF CONTRACT The Bidder selected for contract award through this bid shall be required to enter into a written agreement with the District. The Personal Services Agreement presented in Exhibit G of this bid is the agreement proposed for execution. It may be modified by the District to incorporate other pertinent terms and conditions set forth in this bid, including those added by addendum, and to reflect the bidder s offer or the outcome of contract negotiations, if any, conducted with the Bidder. Exceptions to the terms and conditions of the District's Personal Services Agreement, or the bidder s inability to comply with any of the provisions of the Agreement, must be declared in the bid. 7

10 The agreement which the successful bidder will be required to execute incorporates all specifications, terms and conditions included in the bid documents, and all bid documents shall be carefully examined by the Bidder. V. TERM OF CONTRACT The contract awarded through this bid will be effective for a five-year period beginning approximately on September 1, 2017, unless terminated earlier in accordance with the provisions for termination specified hereunder. W. DEFAULT In the event that an apparently successful Bidder defaults or fails to execute the contract, the District may, at its election, accept the next lowest bid, or reject all bids and solicit new bids at that time. X. PROTESTS Any Bidder that has provided a sealed bid or proposal to the District may protest the solicitation or award of a contract for violations of LACCD s procurement policies or of laws and regulations governing LACCD's procurement activities, provided the bidder has complied with PP-04-09, Bid Protest and Appeals. In order to be considered, all protests must be in writing and filed with and received by LACCD, not more than five (5) business days following the date of issuance of the District s Notice of Intent to Award with the contact below. The protest letter must state the basis for the protest and the remedy sought. Protests received by LACCD after this date will be returned to the sender. Director of Business Services or Designee Los Angeles Community College District Business Services Division 770 Wilshire Boulevard, 6 th Floor Los Angeles, California Failure to timely file the bid protest shall constitute grounds for the District to deny the bid protest without further consideration of the grounds stated therein. 8

11 III. GENERAL GOALS AND SCOPE OF SERVICES A. PERSONAL SERVICES OBJECTIVES This IFB will provide services in connection with the disposition of universal wastes and other low hazard waste materials generated in the course of operations, maintenance, and general abatement activities and projects at all District locations. Universal wastes and other low hazard waste materials include, but not limited to, intact (i.e., not leaking such that any hazardous constituents are contained): 1. Batteries, except for lead-acid storage battery-types; 2. Cathode ray tube materials; 3. Dental amalgam wastes; 4. Dilators and weighted tubing; 5. Electronic devices and certain appliances; 6. Lamps; 7. Mercury-containing switches, novelties and products that contain such mercury wastes; 8. Mercury gas-flow regulators; 9. Mercury thermometers; 10. Thermostats; and 11. Tires. B. PROHIBITIONS AND EXCEPTIONS 1. The personal services contract shall not include provisions for the general purchase of containers, supplies, equipment, and other appurtenance associated with hazardous substance spill clean-up, facility decontamination, or any other hazardous waste generation and disposal activities. 2. The services listed in this IFB shall not include provisions for the characterization, collection, packaging, labeling, shipping, recycling, reutilization and/or treatment of any of the above listed wastes that may exhibit specific hazardous waste characteristics, which would preclude such material from being handled as universal and other low hazard wastes. C. GENERAL CONDITIONS, CONSIDERATIONS, AND FEES 1. General Bid Requirements The Bidder shall be required to submit the following additional information: a. Exhibit H: Five current references (at least one reference should be included in each of the general government, public, and private sectors), excluding the Bidder s subcontractors; b. Exhibit I: A list of subcontractors and the applicable personal services they will provide, including analytical tests, treatment, and transport, all of which must be preauthorized by the District (include EPA ID Nos and professional licenses, certifications, registrations, and/or permits that may apply); c. Exhibit J: A list of the permitted TSDF s or other facilities that will recycle, treat, store, incinerate, landfill, and/or otherwise dispose of submitted universal wastes, which must be preauthorized by the District; 9

12 d. Exhibit K: A list of decontamination supplies and equipment in order to assure appropriate response to foreseeable spills that may occur as a result of the Bidder s performance of these personal services; e. Exhibit L: A record listing regulatory citations issued from any federal, state, or local government agency or jurisdiction within the last five years of operating experience. The citation history must include all citations, administrative inquiries, and orders to comply; f. Exhibit M: A completed and signed document, Financial Stability and Responsibility, along with certificate of insurance; and g. Exhibit N: A completed set of Personal Services Contract Fee Tables. 2. Proposed Fees a. The Bidder shall complete and submit the Personal Services Contract Fee Tables in Exhibit N. At a minimum, for each line item list any subcontractor acronym or reference number, the fee that includes all labor, packaging materials, supplies, containers, container lids, pertinent field tests and/or analytical tests, transport, treatment, and equipment costs. The fees shall be listed per container or unit prescribed in the tables. b. The Bidder shall indicate the TSDF or Recycling Facility by acronym or reference number. c. The Bidder shall provide a legend to define acronyms and/or reference numbers utilized in completing the fee tables. d. The Bidder may provide additional line items that specify alternate treatment methods and/or container sizes that may better serve the District s financial interests. e. If the Bidder holds a specific or special license, permit, and/or registration for certain wastes, indicate self-haul or self-transport and the license or registration number and the permitting or licensing agency. f. If the Bidder enlists the services of a subcontractor, provide the specific license, permit, and/or registration number and the licensing agency. g. All fees must be expressed in U.S. dollars written as $0.00. The fees are generally written per unit, which may be found in the adjacent column. The units may not be altered. The Bidder may include additional information and fees for a particular waste stream that may have several treatment options. The Bidder may credit monies to the District for any listed waste stream by indicating a negative cost or minus sign preceding the stated value recorded in the fees column. The credit would be reflected on submitted invoices for personal services rendered by line-item. NOTE: A dollar figure preceded by a minus (-) sign in the Fees column represents a credit to the District (not a cost) for any listed waste stream, which would be reflected on the invoice for that service date. h. If the Bidder believes that a blank space does not apply or is not applicable, or N/A, the Bidder should indicate by reference number or note any specific reasons behind such a response. An N/A response will not summarily dismiss a Bidder as nonresponsive provided a suitable explanation is provided. 10

13 i. Submit additional pages as necessary to complete all information requested in this IFB. j. The Bidder must provide the additional information requested at Exhibit H through Exhibit M of this IFB. Exhibit H: References; Exhibit I: Subcontractors; Exhibit J: Treatment, Storage, and Disposal Facilities; Exhibit K: Spill Response Supplies / Equipment List for Foreseeable Emergencies; Exhibit L: Regulatory Citations, Orders to Comply, Administrative Inquires for the last five years of operating experience; and Exhibit M: Financial Stability and Responsibility Statement with certificate of insurance. 3. Scope of Work (Contractor) a. General services and fees shall include all materials and labor that may be associated with site visits and inspections, material conveyance equipment, individual covered containers, bulk containers, packaging materials, labeling materials, shoring, transportation, recycling, treatment, storage, and disposal costs. b. Additional labor, material, and transport costs shall not be considered to adjust or correct for errors and/or omissions performed by the Contractor, including spills and/or additional transport costs for waste materials that are not prepared or profiled correctly, or waste materials that are refused by licensed, registered, or permitted Recycling Facility or Treatment, Storage, and Disposal Facility (TSDF). c. The Contractor shall not pass transport costs onto the District due to storms, law enforcement activity, earthquakes, freeway closures, wildfires, or other delays that are not caused by the District. d. A District Facilities representative shall be in attendance to validate all services provided. Validation shall be assured by customer signature on applicable shipping documents. The Contractor shall not be authorized to sign such documents on behalf of any District location. e. Powered industrial trucks, lifts, and/or other conveyance equipment associated with these services are the sole responsibility of the Contractor. The Contractor is prohibited from utilizing District-owned powered industrial trucks. A college may provide assistance to the Contractor where approved by the Director of College Facilities or responsible College Administrator. The Contractor shall ensure that its employees are fully trained in the operation, safety, and maintenance of the vehicles and equipment utilized in their operations. f. The Contractor is prohibited from entry into any confined space or permit space at any District location unless the entry is authorized by the Director of College Facilities, or responsible College Administrator, and all work is controlled pursuant to Title 8 of the California Code of Regulations, Article 108, and Sections , as applicable. 11

14 g. The Contractor is responsible to provide all personal protective equipment and engineering control equipment as necessary to minimize, if not eliminate, any exposure to hazardous substances or harmful airborne contaminants to the Contractor s employees, District employees, and to the public. All services shall be conducted within designated or approved storage areas, facilities, or controlled areas demarcated by appropriate accident prevention signs and barriers. The Contractor shall not engage in any waste collection and disposal activity that may pose a risk of exposure to students and/or visitors. h. The Contractor shall permit the designated Facilities representative to verify the existence and condition of appropriate clean-up and/or absorption materials to sufficiently contain foreseeable spills that may result from the Contractor s activities upon request. i. The Contractor shall provide appropriate satellite collection containers at locations specified by the Director of College Facilities for collecting hazardous wastes at the various points of generation at no additional charge to the District. The District shall be responsible to maintain such waste containers while in its possession until such time as the Contractor replaces them with empty containers. Empty containers shall be provided with appropriate tight-fitting lids, locking rings, metal fasteners, and fill/vent caps, as applicable, in good working order. Empty containers provided by the Contractor shall not contain any hazardous wastes or residual waste of any kind from any other facility the Contractor services. j. The Contractor is responsible to utilize certified, licensed, registered, qualified, and/or knowledgeable personnel for performing the various services covered under this IFB. This responsibility includes utilizing personnel and/or subcontractors who are certified by competent medical authority, as required by any applicable health standard, and who possess the federal, state, and/or local license, registration, permit, or certification required to handle, prepare, package, label, and/or transport universal wastes and other low hazard waste materials to Recycling Facilities and/or TSDF s, as appropriate. k. The Contractor shall not perform experiments or permitted treatment of hazardous wastes on District property. The Contractor shall not perform any treatment of hazardous wastes for which the Contractor, Subcontractor, and/or their employees are not certified, licensed, registered, qualified, permitted, and/or knowledgeable. l. All personal services shall be provided in strict adherence to all applicable federal, state, and local laws. All materials shall be packaged, shored, and transported in such a manner as to preclude incidental breakage. The Contractor must have the requisite federal and/or state license, permit, registration, or certification necessary to undertake the operations identified within this IFB. m. The Contractor and/or subcontractors shall not be permitted to pull temporary EPA ID Numbers for District facilities. n. The Contractor shall understand that the District does not guarantee any minimum amount of any listed waste stream at any time. General or unspecified service fees and/or fuel surcharge fees of any kind are prohibited. Exception: Where the contractor identifies unlisted waste that is not covered in the Personal Services Agreement, the District s Risk Manager may authorize, in writing, appropriate waste characterization, packaging, labeling, shipment, treatment, and disposal not-to-exceed $500 per line item while a contract fees amendment is pending approval. o. The Contractor shall be required to agree to District onsite inspections of their facilities and recycling, treatment, storage, and disposal processes. 12

15 4. Records, Reports, and Notifications a. All records and copies of all shipping and transport documents shall be submitted with invoices of personal services rendered. Additional labor and/or document preparation fees shall not be authorized in providing required records. b. The Contractor shall submit an annual report detailing the various types of wastes removed from each District location, which will include an annual tonnage assessment of each waste stream for the District s use in preparing required annual reports to the California Environmental Protection Agency. The Contractor shall provide the report at no additional charge. c. The Contractor shall immediately notify the listed District representative whenever an incident, accident, or unusual event occurs in the servicing of these personal services. Immediate notification shall also be made in the event of any incident, accident, or unusual event associated with the shipping, transport, storage, recycling, or treatment of listed wastes offsite. d. The Contractor shall be responsible to make any telephone and/or written notification to regulatory agencies, as required by law, in servicing the contract. A copy of all written notices shall be provided to the District at the time of submission to regulatory authority. e. Invoices shall list the specific service by line item in Exhibit N of this IFB. 13

16 EXHIBIT A BID PAGE AND STATEMENT OF INTENT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH ITS BID The award will be made to the lowest responsive/responsible Bidder whose bid meets specifications described herein and shall be based on the lowest total fee for services to be provided by the Bidder for all items listed solely in section A, Universal Waste Streams, as set forth In Exhibit N of this IFB. There will be a two-step process for the determination of the lowest total fee for services for this IFB. First, the evaluator will determine the total fees by analyzing solely section A, Universal Waste Streams, for each bid based on the total lowest fee for services to be provided in the submitted bid in a document titled, Personal Services Contract Fee Tables, which is listed in Exhibit N. Since section A mentionedabove is the sole section for evaluation, it is important to note that Section B, Contractor Proposed Additional Line Items (Alternative Containers and/or Treatment Standard Fees), of Exhibit N will not be evaluated as the basis of award for the instant IFB. As to the first step of evaluation of total fees, each of the 16 item numbers in section A of Exhibit N will be equally weighted. Second, the evaluator will compare each bid and select the bid that reflects the lowest total fees for services based on solely section A of Exhibit N to be provided by the Bidder. TO THE BOARD OF TRUSTEES OF THE LOS ANGELES COMMUNITY COLLEGE DISTRICT: The undersigned bidder, having become familiar with the specifications, general contract conditions, bid conditions and instructions for completing the Bid Form, hereby offers to provide the services in accordance with its bid and subject to the terms and conditions set forth herein by references and attachments. Bidder (Type or Print Complete Legal Name of Firm) Check One: Sole Ownership By Partnership (Signature) Corporation Other (Specify) Printed Name Title Address Street City State Zip Phone ( ) Fax ( ) Date: 14

17 EXHIBIT B: NON-COLLUSION AFFIDAVIT NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH ITS BID (Name), being first duly sworn, disposes and says that he or she is (Title) of (Company), the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from proposing; that the bidder has not in any manner, directly, or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusion or sham bid. IN WITNESS WHEREOF, the undersigned has executed this Non-collusion Affidavit this Day of, BIDDER By Name (Type or Print Complete Legal Name of Firm) (Signature) (Type or Print Name of Signer) Title Address City State Zip 15

18 EXHIBIT C: NON-DISCRIMINATION CERTIFICATION CERTIFICATION OF NON-DISCRIMINATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH ITS BID Bidder hereby certifies that in performing work or providing products for the District, there shall be no discrimination in its hiring or employment practices because of age, sex, race, color, ancestry, national origin, religious creed, physical handicap, medical condition, marital status, or sexual orientation, except as provided for in Section of the California Government Code. Bidder shall comply with applicable federal and California anti-discrimination laws, including but not limited to the California Fair Employment and Housing Act, beginning with Section of the California Government Code. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Non-Discrimination this day of, BIDDER By Name (Type or Print Complete Legal Name of Firm) (Signature) (Type or Print Name of Signer) Title Address City State Zip 16

19 EXHIBIT D: CONFIDENTIALITY AGREEMENT CONFIDENTIALITY AGREEMENT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH ITS BID The undersigned, a duly authorized officer of, does hereby represent, warrant and agree to the following statement: All financial, statistical, personal, technical or other data and information relating to the District s operation which are designated confidential by the District and made available to the undersigned shall be protected by the undersigned from unauthorized use and disclosure. Date: BIDDER By Name (Type or Print Complete Legal Name of Firm) (Signature) (Type or Print Name of Signer) Title Address City State Zip 17

20 EXHIBIT E: ACKNOWLEDGMENT OF ADDENDA The Bidder shall signify receipt of all Addenda, if any, here: ADDENDUM NO. DATE RECEIVED SIGNATURE If necessary, please print and sign additional pages. BIDDER By Name (Type or Print Complete Legal Name of Firm) (Signature) (Type or Print Name of Signer) Title Address City State Zip 18

21 EXHIBIT F - EXCEPTIONS AND DEVIATIONS TO PERSONAL SERVICES AGREEMENT The Bidder acknowledges it has seen and reviewed the Personal Services Agreement in Exhibit G and attests to the following: Any exceptions to or deviations from the requirements set forth in this bid, including the terms and conditions contained in the Personal Services Agreement (Exhibit G), must be declared in the bid submitted by the bidder. Such exceptions or deviations must be segregated as a separate element of the bid under the heading "Exceptions and Deviations. Exceptions or deviations which are in conflict with the District's terms and conditions may render the bid non-responsive and result in the rejection of the bid. Bids that reject any or all of the following integral provisions of the District s contract terms and conditions will be treated as a rejection of the District s contract, and these bids will be rejected. Section 5: Section 14: Section 15: Section 18: Section 24: Section 25: Term of Agreement Governing Law Nondiscrimination Board Authorization District Authority; and Accessibility Requirements. In the event that exceptions and deviations to the Personal Services Agreement are requested after the contract has been awarded, the District may deem the bid non-responsive and may disqualify the bid at its discretion. We have no exceptions or deviations to the Personal Services Agreement. We have the following or the attached exceptions and/or deviations to the Personal Services Agreement. BIDDER (Type or Print Complete Legal Name of Firm) By (Signature) Name (Type or Print Name of Signer) Title Address City State Zip 19

22 EXHIBIT G PERSONAL SERVICES AGREEMENT RECITALS WHEREAS, the District is authorized to contract for the procurement of goods and services as authorized by law; and WHEREAS, the Contractor is specially trained, experienced and competent to perform the services described herein pursuant to this agreement; NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained, the parties hereby agree as follows: AGREEMENT 1. SERVICES. The Contractor shall perform the Services set forth in Attachment "1" (the "Services") in compliance with specifications and standards set forth in that Attachment. 2. WARRANTIES. The Contractor warrants that the Services (and any goods in connection therewith) furnished hereunder will conform to the requirements of this agreement (including all descriptions, specifications and drawings made a part hereof) and in the case of goods will be merchantable, fit for their intended purposes, free from all defects in materials and workmanship and to the extent not manufactured pursuant to detailed designs furnished by the District, free from defects in design. The District's approval of designs or specifications furnished by the Contractor shall not relieve the Contractor of its obligations under this warranty. All warranties, including special warranties specified elsewhere herein, shall inure to the District, its successors, assigns, and users of the Services. 3. FEES. The District shall pay the Contractor the fees set forth in Attachment 2, in accordance with the terms and conditions of this Agreement. The Contractor represents that such fees do not exceed the Contractor's customary current price schedule. The District shall pay all applicable taxes; excepting, however, the federal excise tax, and all state and local property taxes, as college districts are exempt therefrom. Payment shall be made by the District's Accounts Payable Office upon submittal of invoice(s) approved by the Vice-President of Administration, or designee, at the College. 4. EXPENSES. The Contractor shall assume all expenses incurred in connection with performance except as otherwise provided in this agreement. 5. TERM OF AGREEMENT. This agreement shall be for the term set forth above, unless sooner terminated pursuant to the terms hereof. 6. TERMINATION OF AGREEMENT. This agreement may be terminated by the District by providing 30 days' prior written notice to the Contractor or immediately upon breach of this agreement by the Contractor. 7. RIGHTS IN DATA. All technical communications and records originated or prepared by the Contractor pursuant to this agreement including papers, reports, charts, computer programs, and other documentation, but not including the Contractor's administrative communications and records relating to this agreement shall be delivered to and shall become the exclusive property of the District and may be copyrighted by the District. The ideas, concepts, know-how, or techniques relating to data processing, developed during the course of this agreement by the Contractor or jointly by the 20