Page 1 1. PURPOSE AND SCOPE OF SERVICES 1.1 Purpose The ...
1.
PURPOSE AND SCOPE OF SERVICES 1.1
Purpose The purpose of this document is to provide qualified contractors with sufficient information to enable them to prepare and submit a proposal for packaging, transportation and disposal of chemical wastes from the University of New Mexico. The wastes will generally be located at the Department of Safety and Risk Services (SRS), 1801 Tucker St. NE, Albuquerque, NM. SRS intends to use the results of this Request for Proposal (RFP) to award one or more contracts for classification, marking, labeling, sampling, analysis, packaging, transportation and disposal of chemical wastes.
1.2
Definitions Bulk: Waste in containers larger than five (5) gallons. End Sites: A subset of primary sites for final waste disposition, such as regulated incinerators, fuel blenders, regulated landfills (including those used for incinerator ash), recyclers, etc. Safety & Risk Services Director: The person designated by UNM to be the primary contact with the vendor. Lab Pack: Outer container with many smaller containers of chemical waste inside. Primary Sites: Waste management facilities the vendor intends to use to service this contract (e.g., transfer, storage, blending, treatment, recycling, disposal, etc.). Alternate facilities, used occasionally, would be secondary sites. Regulations: Laws, rules and statutes applicable to hazardous waste management, which are in effect locally, statewide and nationally in any and all areas where the contractor operates. TSDF: Treatment, Storage and Disposal Facility. Vendor/Contractor: The prime contractor responsible for contract performance whether or not subcontractors are used.
1.3
Background and Objectives The University of New Mexico generates chemical waste from teaching and research labs, maintenance activities and miscellaneous operations. The University’s Albuquerque campus generated approximately 37,000 pounds of hazardous waste in 2010 and 24,000 pounds of hazardous waste in 2011. At 90-day intervals, a contractor will package and remove the hazardous wastes from the main Albuquerque campus, off-site campus locations, UNM satellite campuses and will dispose of those materials at sites which are pre-approved by the University under this contract.
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1.4
Mandatory Services The selected contractor will be required to provide all paperwork and services required to label, package, mark, classify, sample, analysis and transport known and unknown wastes for disposal. This includes providing all final documentation associated with these activities within 35 days. In general, the contractor must provide the above services every 90-days and on an as requested basis for the term of the resulting contract.
1.5
Contract Administrator The contract resulting from this RFP will be administered by the University of New Mexico (UNM) Purchasing Department. Upon award of this contract, SRS will provide vendors with the name of the Safety & Risk Services Director responsible for scheduling and coordination of the University’s hazardous waste management program. All contact between the vendor and the University will be through the Safety & Risk Services Director unless otherwise instructed. All invoices for services rendered under this contract will be processed through the Safety & Risk Services Director. Any problems that cannot be resolved between the Safety & Risk Services Director and the vendor will be referred to the UNM Purchasing Department.
2.
PROPOSAL PROCEDURE AND STRUCTURE 2.1
Contracting Agency The UNM Purchasing Department is the sole point of contact for the University during the selection process. The contract resulting from this RFP will be administered by SRS.
2.2
Clarification of the Specifications If additional information is necessary to assist the vendor in interpreting these specifications a Question will need to be created within the events Q&A Board. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this RFP, the vendor must immediately notify the above named individual of such error and request modification or clarification. If SRS issues a modification or clarification, it will be distributed by UNM’s Purchasing Department as addenda to this RFP. If a vendor fails to notify SRS of a known error in the RFP or an error that reasonably should have been known to the vendor and if a contract is awarded to the vendor, the vendor may not be entitled to additional compensation or time by reason of the error or its later correction
2.3 Revisions to Request for Proposal. In the event it becomes necessary to provide additional clarifying data or to revise the RFP, an addendum will be published for the RFP. Each proposal shall stipulate that it is predicated upon all the terms and conditions of the RFP and any addenda or revisions. 2.4
Response Preparation and Content 2.4.1
Format of Proposal
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Vendors responding to this RFP must submit their proposals electronically by supplying responses to the events Questions: 2.4.2
Incurring Costs The University is not liable for any cost incurred by vendors in replying to this RFP.
2.5
OMITTED
2.6
Proprietary Information Any restrictions on the use of data contained within a proposal must be clearly stated in the proposal itself. Proprietary information submitted in proposals will be handled in accordance with applicable State of New Mexico law. Data contained in the proposal, all documentation and innovations become the property of the University of New Mexico.
2.7
Certification of Independent Price Determination 2.7.1
Certification By submission of this proposal, the vendor certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this RFP: 2.7.1.1 Independent Pricing The prices in this proposal have been arrived at independently, without consultation, communication or agreement with any competitor for the purpose of restricting competition. 2.7.1.2 Pricing Disclosure Unless otherwise required by law, the prices cited in this proposal have not been and will not be knowingly disclosed by the vendor prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other vendor or to any competitor. 2.7.1.3 Restriction of Competition No attempt has been made nor will be made by the vendor to induce any other person or firm to submit or not submit a proposal for the purpose of restricting competition.
2.7.2
Proposal Signatory Authority Each person signing this proposal certifies that: 2.7.2.1 Pricing Responsibility They are the person in the vendor’s organization responsible for the pricing decisions being offered and that they have not participated, and will not participate in any action contrary to 2.8; or 2.7.2.2 Pricing Agent Authorization Page 3
UNM Department of Safety and Risk Services
They are not the person in the vendor’s organization responsible within that organization for the decision as to the prices being offered, but that they have been authorized in writing to act as agent to quote for the persons responsible for such decisions; and they have the authority to certify that such persons have not participated and will not participate in any action contrary to 2.8 as their agent certifies this; and they have not participated and will not participate in any action contrary to 2.8.
2.8
Disclosure of Independence During performance of the contract, the vendor will neither provide services nor enter into an agreement to provide services to a person or organization that has interests that are adverse with respect to a University contract.
2.9
Fixed Price Period All prices, costs, and conditions in the proposal shall remain fixed and valid for a two (2) year period commencing on the date the contract becomes effective. 2.10
News Releases News releases pertaining to this procurement or any part of the proposal shall not be made without the prior written approval of the University.
2.11
Oral Presentations Vendors may be required to make oral presentations to supplement proposals. These presentations will be scheduled and held after receipt of the proposals to provide an opportunity for the vendor to clarify his/her proposal and for the evaluation team to ask questions. Should a vendor refuse to honor the request for an oral presentation, it may result in disqualification.
3.
REQUIRED CONTRACT LANGUAGE The contents of this RFP (including all attachments, addenda and revisions) and the proposal document of the successful vendors shall become part of the contract. Failure of the successful vendor to accept these as a contractual agreement may result in a cancellation of award. If the contractor should discover any provisions in the contract that are contrary to or inconsistent with the law, ordinance, order or decree, the contractor shall immediately report it to the University in writing. 3.1
Contract Term and Price The term of the contract is not to exceed five (5) years. Purchase orders may be issued on a yearly basis or extended as needed. Adjustment to the contract price may be made after the end of the second year, but only with proper documentation and for the following reasons: A.
When the vendor’s cost to operate are increased by a TSDF not owned, operated, controlled, or directed by the contractor and not under a separate pricing contract with the vendor.
B.
Fee or license increases by a unit of government within the United States Page 4
UNM Department of Safety and Risk Services
for the transport, handling, treatment, disposal, or regulation of disposal of wastes. C.
3.2
General industry-wide price increase over which the contractor has no control. Documentation of request and for such increases must be submitted to the University in writing and approved at least 30 days before they can be effective.
Insurance The contractor selected shall provide Certificates of Insurance for commercial insurance coverages required or in effect for the term of the contract. The types and limits of insurance carried will be included among the evaluation criteria considered by the evaluation committee in making the Contractor selection. Comprehensive coverages and higher limits will be given higher scores in the selection process. The following is a summary of minimum coverages and limits required for the contract award:
Insurance Categories and Limits 3.2.1
Worker’s Compensation Employer’s Liability - $1,000,000 per occurrence Statutory
3.2.2
Commercial General Liability - $5,000,000 combined single limits per occurrence
3.2.3 Environmental Impairment Liability - $5,000,000 combined single limits per occurrence or claims made 3.2.4
Commercial Automobile - $1,000,000 combined single limits per occurrence
3.2.5 Insurance Certificates: These should be included as part of the RFP response packet. See Insurance Requirements Exhibit for additional information. 3.2.6 Closure: Contractor shall supply evidence that financial closure requirements (Environmental Protection Agency and other States’ corresponding regulations) have been satisfied. This applies to facilities owned by the contractor and other sites proposed for use as a TSDF. 3.2.7 Hold Harmless: The contractor shall agree to hold the University of New Mexico, including their officers, employees and agents, harmless with respect to liabilities and claims which arise or are claimed to arise from the acts or omissions of the contractor’s officers, employees or agents. 3.3
Prime Contractors The prime contractor will be responsible for contract performance whether or not subcontractors are used.
3.4
Record-keeping and Record Retention The contractor shall establish and maintain adequate records of all expenditures incurred under the contract in accordance with generally accepted accounting principles as dictated by State Record Retention Laws. Duly authorized representatives of the University shall have the right to audit, review, examine or copy any pertinent records or documents relating to any contract resulting from this RFP. The contractor shall retain all documents associated with this contract (including copies of all required Page 5
UNM Department of Safety and Risk Services
hazardous waste records and reports) for a period of not less than seven (7) years after final payment is made. Additional record keeping and reporting requirements are defined in Section 5.1.6. 3.5
Safety/Legal Requirements The contractor shall be held responsible for compliance with all applicable occupational health and safety laws, Department of Transportation, Environmental Protection Agency, county, city and state regulations, and safe practices. All material, equipment and supplies provided to the University must comply in full with all safety requirements set forth by the New Mexico Administrative Code, the Rules of the Industrial Commission on Safety and all applicable OSHA Standards and the laws applicable in the States through which wastes are transported, treated, stored and disposed. The contractor shall implement engineering controls or work practices to ensure no contamination of work area or exposure to other employees or persons. For sampling or otherwise handling unknowns, all unknowns must be assumed to be toxic, reactive, energetic and radioactive or biologically contaminated therefore all necessary safety precautions and equipment must be utilized. The contractor shall assume full and complete responsibility for the competency, judgment, and actions of said employees, at all times, and the University will not assume and will be under no obligation whatsoever for damage to or destruction of, any University equipment, buildings, premises or equipment or facilities leased, loaned and/or in the care, custody and control of the University. The contractor is fully liable for injury to any person at any site for which the contractor is responsible. If applicable, the contractor must provide warning devices and signs, which shall be prominently displayed, and be in full compliance with safety regulations. No eating, drinking, or the use of tobacco will be allowed at the University hazardous waste accumulation facility.
3.6
Suspension and Termination The University may terminate this agreement at any time at its sole discretion by delivering 30 days written notice to the contractor. Upon termination, the University’s liability will be limited to the value of the cost of the services performed as of the date of termination plus expenses incurred with the prior written approval of the University. In the event that the contractor terminates this agreement, for any reason whatsoever, it will refund to the University within 30 days of said termination, all payments made hereunder by the University to the contractor for work not completed or not accepted by the University. Such termination will require written notice to that effect to be delivered by the contractor to the University not less than 30 days prior to said termination. The contract may also be terminated for the following reasons: a. Non-appropriation of funds; b. Non-allocation of funds; c. Failure of contractor or subcontractor to comply with any and all applicable statutes, laws, rules, regulations and ordinances of any local, state, or federal unit of Government which are hereby incorporated by reference. d. Failure of the contractor to perform in accordance with the resulting purchase order.
3.7
Taxes The University is subject to New Mexico gross receipts taxes on services. The University will Page 6
UNM Department of Safety and Risk Services
pay these taxes on such services when invoiced. 3.8
Payment to Contractors The contractor will be paid for each service only after the following has been provided to UNM:
4.
5.
3.8.1
Fulfillment of the requirement of this contract pertaining to the service provided
3.8.2
Completion of all record keeping and reporting requirements as specified in section 5.1.6.
OMITTED REQUIREMENTS
Vendors must respond to the service requirements in this section in accordance with the instructions given in Section 2.4. 5.1
Service Requirements 5.1.1
Waste Types: The vendor will be selected, in part, on their ability to manage the following waste streams. This is not a complete list and the contract will include a great variety of wastes in all hazard classes. 5.1.1.1 Bulk Liquid Waste: Currently halogenated solvents, non-halogenated solvents, dilute mineral acids and dilute aqueous mixtures containing organics are bulked by UNM. 5.1.1.2 Labpacks: Contents may be organic or inorganic solids, organic or inorganic liquids, acids, bases, flammable solids, etc. 5.1.1.3 Other Wastes: 5.1.1.3.1 PCB liquid, PCB capacitors and light ballasts, PCB power supplies and transformers 5.1.1.3.2 Empty drums – steel and poly 5.1.1.3.3 Gas cylinders, may include unknown cylinders 5.1.1.3.4 Pyrophoric, water reactive or potentially explosive chemicals, including tert-butyl lithium, lithium aluminum hydride, dry picric acid and old ethers 5.1.1.3.5 Dioxins (non-F027), furans and other polynuclear aromatic hydrocarbons 5.1.1.3.6 Pesticides 5.1.1.3.7 Unknowns, generally old laboratory chemicals 5.1.1.3.8 Spill cleanup materials including spill absorbent and contaminated soil 5.1.1.3.9 Expired pharmaceuticals, controlled substances, chemotherapy drugs, etc. 5.1.1.3.10 Biohazardous waste mixed with chemical waste, e.g. human feces mixed with mercuric chloride
5.1.2
Waste Management Services 5.1.2.1 UNM is limited to 90-day waste storage. The vendor must perform all services necessary to remove all wastes accumulated within the 90-day limit. Page 7
UNM Department of Safety and Risk Services
5.1.2.2 Where feasible the University prefers to have waste incinerated, recycled, or treated before regulated land disposal. Unregulated landfill is to be avoided whenever possible. 5.1.2.3 For each primary site proposed for use, vendor must provide a packet containing copies of applicable licenses and permits, and commercial insurance certificates. Vendor must also provide the names, owners, EPA I.D. numbers, and addresses of any alternate disposal facilities. 5.1.2.4 Vendor cannot utilize secondary sites without pre-approval by the Safety & Risk Services Director. The vendor must inform the Safety & Risk Services Director at least 30 days in advance if use of a secondary site will affect disposal cost in any way (see conditions under section 3.1). 5.1.2.5 All waste management sites (including transfer and storage sites) may be inspected at the discretion of the University. 5.1.2.6 Vendor must communicate to the Safety & Risk Services Director the end site for all drums in a shipment prior to the drums leaving the University. 5.1.3
Packaging, Labeling, Marking, Classification, Sampling and Analysis The vendor must properly package and label wastes for shipment. Where safe and appropriate, the vendor should be able to combine the contents of smaller containers into bulk containers to be disposed of at bulk rates.
5.1.4
Transportation 5.1.4.1 The vendor must have materials and vehicles to safely transport hazardous wastes. Describe any DOT exemptions you to which you are a party and provide copies of the exemptions. 5.1.4.2 Vendor must provide name, address, EPA I.D. number, Federal Motor Carrier safety rating and copy of permits for any transporters proposed for use. 5.1.4.3 Vendor must pick up hazardous waste for transport every 90-days during normal University working hours (Monday through Friday, 8:00 AM to 5:00 PM). 5.1.4.3 While performing potentially hazardous activities (e.g. packing drums, sampling, bulking chemicals or loading vehicles), vendor must have a team of two (2) persons on site at all times. 5.1.4.4 Vendor must provide a 24-hour emergency response information service during waste transit times to meet DOT hazardous materials regulations. The telephone number for this service will be specifically annotated on all hazardous waste manifests.
5.1.5
Characterization Services 5.1.5.1 Unknown chemical waste for disposal: Page 8
UNM Department of Safety and Risk Services
Describe your firm’s capabilities to perform field analysis (HazCat) for the purpose of disposal characterization. State whether or not your firm can accept material safety data sheets or product label information for waste identification. State whether or not your firm will accept University provided analyses for waste identification.
5.1.6
Records and Reports 5.1.6.1 The vendor must provide completed manifests, land disposal restriction forms and drum inventory sheets for all waste pickups. 5.1.6.2 UNM allocates disposal costs to each waste-generating department based on that department’s organization code. UNM labels each incoming waste container with pickup date, organization code, item number, and pickup number. WITHIN 30-DAYS OF EACH QUARTERLY WASTE PICKUP THE VENDOR MUST PROVIDE A REPORT DETAILING EACH DEPARTMENT’S PORTION OF THE QUARTERLY WASTE DISPOSAL COSTS. The report must include organization code, container numbers, type of waste, share of labor and supplies. 5.1.6.3 Indicate when certificates of recycling or destruction are issued. 5.1.6.4 Invoices must be mailed, electronically mailed or hand-delivered to: SRS Accounts Payable 1 University of New Mexico, MSC01-1250 Albuquerque, NM 87131-0001 Attention: Pat Theuer
5.1.7
Spill Assistance and Decontamination Under this contract, spill assistance will typically be limited to non-urgent spill cleanup, over packing and repacking containers from spills and leaking containers. Decontamination will typically be limited to non-urgent cleanup of room surfaces and/or ductwork.
5.1.8
Quality Control and Inspection Requirements 5.1.8.1 All packaging, labeling, transportation, and disposal of the wastes in this RFP must be accomplished in accordance with all Federal, State and local statutes, laws, regulations, rules and ordinances. 5.1.8.2 The Safety & Risk Services Director, or their designee, must sign all manifests before waste can be removed from the University. The vendor shall make changes to the manifest if the Safety & Risk Services Director deems changes to be necessary.
5.1.9
Compliance Documentation: Vendors must detail any notices of violations received from any regulatory agency within the last 3 years. Include a brief description of when, where, and what the violation was. The successful vendor Page 9
UNM Department of Safety and Risk Services
must allow the University access to any EPA and/or state regulatory inspection reports for the last three years. 5.1.10 Regulatory and Service Updates: Describe your abilities to monitor and inform the Safety & Risk Services Director of regulatory changes, both State and Federal, which may affect University waste disposal. Describe your procedures to inform the Safety & Risk Services Director of changes in transportation, packaging, or site acceptance policies required by disposal facilities or your company. 5.2
Technical Requirements 5.2.1
Employee Qualifications: Personnel performing work for UNM must have current HAZWOPER certification and any other training appropriate to their job. Service visits require two people on-site at all times. The site supervisor must be a degreed chemist, or have an equivalent scientific degree, with at least two (2) years experience in handling hazardous wastes. Technicians must have at least one (1) year experience and be properly trained to perform required tasks.
5.2.2
Site Acceptability: These are the mandatory requirements for a hazardous waste management facility utilized under this contract: 5.2.2.1 The facility must have an appropriate interim status or RCRA permit for specific wastes and management methods. 5.2.2.2 No waste shall be sent to a facility that has a significant RCRA violation (defined in EPA’s Off-site Policy, 50 FR 45934, footnote 1) unless the owner has committed, through an enforcement agreement, to correct the problem and disposal only occurs within the facility at a new or existing unit that is in compliance with RCRA requirements. 5.2.2.3 If mismanagement of wastes occurs at these facilities (as determined by the University or its representatives), the University may, at its option, refuse to allow that facility to be used, request another subcontractor be used, or cancel the contract with the prime contractor.
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PURPOSE AND SCOPE OF SERVICES 1.1
Purpose The purpose of this document is to provide qualified contractors with sufficient information to enable them to prepare and submit a proposal for packaging, transportation and disposal of chemical wastes from the University of New Mexico. The wastes will generally be located at the Department of Safety and Risk Services (SRS), 1801 Tucker St. NE, Albuquerque, NM. SRS intends to use the results of this Request for Proposal (RFP) to award one or more contracts for classification, marking, labeling, sampling, analysis, packaging, transportation and disposal of chemical wastes.
1.2
Definitions Bulk: Waste in containers larger than five (5) gallons. End Sites: A subset of primary sites for final waste disposition, such as regulated incinerators, fuel blenders, regulated landfills (including those used for incinerator ash), recyclers, etc. Safety & Risk Services Director: The person designated by UNM to be the primary contact with the vendor. Lab Pack: Outer container with many smaller containers of chemical waste inside. Primary Sites: Waste management facilities the vendor intends to use to service this contract (e.g., transfer, storage, blending, treatment, recycling, disposal, etc.). Alternate facilities, used occasionally, would be secondary sites. Regulations: Laws, rules and statutes applicable to hazardous waste management, which are in effect locally, statewide and nationally in any and all areas where the contractor operates. TSDF: Treatment, Storage and Disposal Facility. Vendor/Contractor: The prime contractor responsible for contract performance whether or not subcontractors are used.
1.3
Background and Objectives The University of New Mexico generates chemical waste from teaching and research labs, maintenance activities and miscellaneous operations. The University’s Albuquerque campus generated approximately 37,000 pounds of hazardous waste in 2010 and 24,000 pounds of hazardous waste in 2011. At 90-day intervals, a contractor will package and remove the hazardous wastes from the main Albuquerque campus, off-site campus locations, UNM satellite campuses and will dispose of those materials at sites which are pre-approved by the University under this contract.
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1.4
Mandatory Services The selected contractor will be required to provide all paperwork and services required to label, package, mark, classify, sample, analysis and transport known and unknown wastes for disposal. This includes providing all final documentation associated with these activities within 35 days. In general, the contractor must provide the above services every 90-days and on an as requested basis for the term of the resulting contract.
1.5
Contract Administrator The contract resulting from this RFP will be administered by the University of New Mexico (UNM) Purchasing Department. Upon award of this contract, SRS will provide vendors with the name of the Safety & Risk Services Director responsible for scheduling and coordination of the University’s hazardous waste management program. All contact between the vendor and the University will be through the Safety & Risk Services Director unless otherwise instructed. All invoices for services rendered under this contract will be processed through the Safety & Risk Services Director. Any problems that cannot be resolved between the Safety & Risk Services Director and the vendor will be referred to the UNM Purchasing Department.
2.
PROPOSAL PROCEDURE AND STRUCTURE 2.1
Contracting Agency The UNM Purchasing Department is the sole point of contact for the University during the selection process. The contract resulting from this RFP will be administered by SRS.
2.2
Clarification of the Specifications If additional information is necessary to assist the vendor in interpreting these specifications a Question will need to be created within the events Q&A Board. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this RFP, the vendor must immediately notify the above named individual of such error and request modification or clarification. If SRS issues a modification or clarification, it will be distributed by UNM’s Purchasing Department as addenda to this RFP. If a vendor fails to notify SRS of a known error in the RFP or an error that reasonably should have been known to the vendor and if a contract is awarded to the vendor, the vendor may not be entitled to additional compensation or time by reason of the error or its later correction
2.3 Revisions to Request for Proposal. In the event it becomes necessary to provide additional clarifying data or to revise the RFP, an addendum will be published for the RFP. Each proposal shall stipulate that it is predicated upon all the terms and conditions of the RFP and any addenda or revisions. 2.4
Response Preparation and Content 2.4.1
Format of Proposal
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Vendors responding to this RFP must submit their proposals electronically by supplying responses to the events Questions: 2.4.2
Incurring Costs The University is not liable for any cost incurred by vendors in replying to this RFP.
2.5
OMITTED
2.6
Proprietary Information Any restrictions on the use of data contained within a proposal must be clearly stated in the proposal itself. Proprietary information submitted in proposals will be handled in accordance with applicable State of New Mexico law. Data contained in the proposal, all documentation and innovations become the property of the University of New Mexico.
2.7
Certification of Independent Price Determination 2.7.1
Certification By submission of this proposal, the vendor certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this RFP: 2.7.1.1 Independent Pricing The prices in this proposal have been arrived at independently, without consultation, communication or agreement with any competitor for the purpose of restricting competition. 2.7.1.2 Pricing Disclosure Unless otherwise required by law, the prices cited in this proposal have not been and will not be knowingly disclosed by the vendor prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other vendor or to any competitor. 2.7.1.3 Restriction of Competition No attempt has been made nor will be made by the vendor to induce any other person or firm to submit or not submit a proposal for the purpose of restricting competition.
2.7.2
Proposal Signatory Authority Each person signing this proposal certifies that: 2.7.2.1 Pricing Responsibility They are the person in the vendor’s organization responsible for the pricing decisions being offered and that they have not participated, and will not participate in any action contrary to 2.8; or 2.7.2.2 Pricing Agent Authorization Page 3
UNM Department of Safety and Risk Services
They are not the person in the vendor’s organization responsible within that organization for the decision as to the prices being offered, but that they have been authorized in writing to act as agent to quote for the persons responsible for such decisions; and they have the authority to certify that such persons have not participated and will not participate in any action contrary to 2.8 as their agent certifies this; and they have not participated and will not participate in any action contrary to 2.8.
2.8
Disclosure of Independence During performance of the contract, the vendor will neither provide services nor enter into an agreement to provide services to a person or organization that has interests that are adverse with respect to a University contract.
2.9
Fixed Price Period All prices, costs, and conditions in the proposal shall remain fixed and valid for a two (2) year period commencing on the date the contract becomes effective. 2.10
News Releases News releases pertaining to this procurement or any part of the proposal shall not be made without the prior written approval of the University.
2.11
Oral Presentations Vendors may be required to make oral presentations to supplement proposals. These presentations will be scheduled and held after receipt of the proposals to provide an opportunity for the vendor to clarify his/her proposal and for the evaluation team to ask questions. Should a vendor refuse to honor the request for an oral presentation, it may result in disqualification.
3.
REQUIRED CONTRACT LANGUAGE The contents of this RFP (including all attachments, addenda and revisions) and the proposal document of the successful vendors shall become part of the contract. Failure of the successful vendor to accept these as a contractual agreement may result in a cancellation of award. If the contractor should discover any provisions in the contract that are contrary to or inconsistent with the law, ordinance, order or decree, the contractor shall immediately report it to the University in writing. 3.1
Contract Term and Price The term of the contract is not to exceed five (5) years. Purchase orders may be issued on a yearly basis or extended as needed. Adjustment to the contract price may be made after the end of the second year, but only with proper documentation and for the following reasons: A.
When the vendor’s cost to operate are increased by a TSDF not owned, operated, controlled, or directed by the contractor and not under a separate pricing contract with the vendor.
B.
Fee or license increases by a unit of government within the United States Page 4
UNM Department of Safety and Risk Services
for the transport, handling, treatment, disposal, or regulation of disposal of wastes. C.
3.2
General industry-wide price increase over which the contractor has no control. Documentation of request and for such increases must be submitted to the University in writing and approved at least 30 days before they can be effective.
Insurance The contractor selected shall provide Certificates of Insurance for commercial insurance coverages required or in effect for the term of the contract. The types and limits of insurance carried will be included among the evaluation criteria considered by the evaluation committee in making the Contractor selection. Comprehensive coverages and higher limits will be given higher scores in the selection process. The following is a summary of minimum coverages and limits required for the contract award:
Insurance Categories and Limits 3.2.1
Worker’s Compensation Employer’s Liability - $1,000,000 per occurrence Statutory
3.2.2
Commercial General Liability - $5,000,000 combined single limits per occurrence
3.2.3 Environmental Impairment Liability - $5,000,000 combined single limits per occurrence or claims made 3.2.4
Commercial Automobile - $1,000,000 combined single limits per occurrence
3.2.5 Insurance Certificates: These should be included as part of the RFP response packet. See Insurance Requirements Exhibit for additional information. 3.2.6 Closure: Contractor shall supply evidence that financial closure requirements (Environmental Protection Agency and other States’ corresponding regulations) have been satisfied. This applies to facilities owned by the contractor and other sites proposed for use as a TSDF. 3.2.7 Hold Harmless: The contractor shall agree to hold the University of New Mexico, including their officers, employees and agents, harmless with respect to liabilities and claims which arise or are claimed to arise from the acts or omissions of the contractor’s officers, employees or agents. 3.3
Prime Contractors The prime contractor will be responsible for contract performance whether or not subcontractors are used.
3.4
Record-keeping and Record Retention The contractor shall establish and maintain adequate records of all expenditures incurred under the contract in accordance with generally accepted accounting principles as dictated by State Record Retention Laws. Duly authorized representatives of the University shall have the right to audit, review, examine or copy any pertinent records or documents relating to any contract resulting from this RFP. The contractor shall retain all documents associated with this contract (including copies of all required Page 5
UNM Department of Safety and Risk Services
hazardous waste records and reports) for a period of not less than seven (7) years after final payment is made. Additional record keeping and reporting requirements are defined in Section 5.1.6. 3.5
Safety/Legal Requirements The contractor shall be held responsible for compliance with all applicable occupational health and safety laws, Department of Transportation, Environmental Protection Agency, county, city and state regulations, and safe practices. All material, equipment and supplies provided to the University must comply in full with all safety requirements set forth by the New Mexico Administrative Code, the Rules of the Industrial Commission on Safety and all applicable OSHA Standards and the laws applicable in the States through which wastes are transported, treated, stored and disposed. The contractor shall implement engineering controls or work practices to ensure no contamination of work area or exposure to other employees or persons. For sampling or otherwise handling unknowns, all unknowns must be assumed to be toxic, reactive, energetic and radioactive or biologically contaminated therefore all necessary safety precautions and equipment must be utilized. The contractor shall assume full and complete responsibility for the competency, judgment, and actions of said employees, at all times, and the University will not assume and will be under no obligation whatsoever for damage to or destruction of, any University equipment, buildings, premises or equipment or facilities leased, loaned and/or in the care, custody and control of the University. The contractor is fully liable for injury to any person at any site for which the contractor is responsible. If applicable, the contractor must provide warning devices and signs, which shall be prominently displayed, and be in full compliance with safety regulations. No eating, drinking, or the use of tobacco will be allowed at the University hazardous waste accumulation facility.
3.6
Suspension and Termination The University may terminate this agreement at any time at its sole discretion by delivering 30 days written notice to the contractor. Upon termination, the University’s liability will be limited to the value of the cost of the services performed as of the date of termination plus expenses incurred with the prior written approval of the University. In the event that the contractor terminates this agreement, for any reason whatsoever, it will refund to the University within 30 days of said termination, all payments made hereunder by the University to the contractor for work not completed or not accepted by the University. Such termination will require written notice to that effect to be delivered by the contractor to the University not less than 30 days prior to said termination. The contract may also be terminated for the following reasons: a. Non-appropriation of funds; b. Non-allocation of funds; c. Failure of contractor or subcontractor to comply with any and all applicable statutes, laws, rules, regulations and ordinances of any local, state, or federal unit of Government which are hereby incorporated by reference. d. Failure of the contractor to perform in accordance with the resulting purchase order.
3.7
Taxes The University is subject to New Mexico gross receipts taxes on services. The University will Page 6
UNM Department of Safety and Risk Services
pay these taxes on such services when invoiced. 3.8
Payment to Contractors The contractor will be paid for each service only after the following has been provided to UNM:
4.
5.
3.8.1
Fulfillment of the requirement of this contract pertaining to the service provided
3.8.2
Completion of all record keeping and reporting requirements as specified in section 5.1.6.
OMITTED REQUIREMENTS
Vendors must respond to the service requirements in this section in accordance with the instructions given in Section 2.4. 5.1
Service Requirements 5.1.1
Waste Types: The vendor will be selected, in part, on their ability to manage the following waste streams. This is not a complete list and the contract will include a great variety of wastes in all hazard classes. 5.1.1.1 Bulk Liquid Waste: Currently halogenated solvents, non-halogenated solvents, dilute mineral acids and dilute aqueous mixtures containing organics are bulked by UNM. 5.1.1.2 Labpacks: Contents may be organic or inorganic solids, organic or inorganic liquids, acids, bases, flammable solids, etc. 5.1.1.3 Other Wastes: 5.1.1.3.1 PCB liquid, PCB capacitors and light ballasts, PCB power supplies and transformers 5.1.1.3.2 Empty drums – steel and poly 5.1.1.3.3 Gas cylinders, may include unknown cylinders 5.1.1.3.4 Pyrophoric, water reactive or potentially explosive chemicals, including tert-butyl lithium, lithium aluminum hydride, dry picric acid and old ethers 5.1.1.3.5 Dioxins (non-F027), furans and other polynuclear aromatic hydrocarbons 5.1.1.3.6 Pesticides 5.1.1.3.7 Unknowns, generally old laboratory chemicals 5.1.1.3.8 Spill cleanup materials including spill absorbent and contaminated soil 5.1.1.3.9 Expired pharmaceuticals, controlled substances, chemotherapy drugs, etc. 5.1.1.3.10 Biohazardous waste mixed with chemical waste, e.g. human feces mixed with mercuric chloride
5.1.2
Waste Management Services 5.1.2.1 UNM is limited to 90-day waste storage. The vendor must perform all services necessary to remove all wastes accumulated within the 90-day limit. Page 7
UNM Department of Safety and Risk Services
5.1.2.2 Where feasible the University prefers to have waste incinerated, recycled, or treated before regulated land disposal. Unregulated landfill is to be avoided whenever possible. 5.1.2.3 For each primary site proposed for use, vendor must provide a packet containing copies of applicable licenses and permits, and commercial insurance certificates. Vendor must also provide the names, owners, EPA I.D. numbers, and addresses of any alternate disposal facilities. 5.1.2.4 Vendor cannot utilize secondary sites without pre-approval by the Safety & Risk Services Director. The vendor must inform the Safety & Risk Services Director at least 30 days in advance if use of a secondary site will affect disposal cost in any way (see conditions under section 3.1). 5.1.2.5 All waste management sites (including transfer and storage sites) may be inspected at the discretion of the University. 5.1.2.6 Vendor must communicate to the Safety & Risk Services Director the end site for all drums in a shipment prior to the drums leaving the University. 5.1.3
Packaging, Labeling, Marking, Classification, Sampling and Analysis The vendor must properly package and label wastes for shipment. Where safe and appropriate, the vendor should be able to combine the contents of smaller containers into bulk containers to be disposed of at bulk rates.
5.1.4
Transportation 5.1.4.1 The vendor must have materials and vehicles to safely transport hazardous wastes. Describe any DOT exemptions you to which you are a party and provide copies of the exemptions. 5.1.4.2 Vendor must provide name, address, EPA I.D. number, Federal Motor Carrier safety rating and copy of permits for any transporters proposed for use. 5.1.4.3 Vendor must pick up hazardous waste for transport every 90-days during normal University working hours (Monday through Friday, 8:00 AM to 5:00 PM). 5.1.4.3 While performing potentially hazardous activities (e.g. packing drums, sampling, bulking chemicals or loading vehicles), vendor must have a team of two (2) persons on site at all times. 5.1.4.4 Vendor must provide a 24-hour emergency response information service during waste transit times to meet DOT hazardous materials regulations. The telephone number for this service will be specifically annotated on all hazardous waste manifests.
5.1.5
Characterization Services 5.1.5.1 Unknown chemical waste for disposal: Page 8
UNM Department of Safety and Risk Services
Describe your firm’s capabilities to perform field analysis (HazCat) for the purpose of disposal characterization. State whether or not your firm can accept material safety data sheets or product label information for waste identification. State whether or not your firm will accept University provided analyses for waste identification.
5.1.6
Records and Reports 5.1.6.1 The vendor must provide completed manifests, land disposal restriction forms and drum inventory sheets for all waste pickups. 5.1.6.2 UNM allocates disposal costs to each waste-generating department based on that department’s organization code. UNM labels each incoming waste container with pickup date, organization code, item number, and pickup number. WITHIN 30-DAYS OF EACH QUARTERLY WASTE PICKUP THE VENDOR MUST PROVIDE A REPORT DETAILING EACH DEPARTMENT’S PORTION OF THE QUARTERLY WASTE DISPOSAL COSTS. The report must include organization code, container numbers, type of waste, share of labor and supplies. 5.1.6.3 Indicate when certificates of recycling or destruction are issued. 5.1.6.4 Invoices must be mailed, electronically mailed or hand-delivered to: SRS Accounts Payable 1 University of New Mexico, MSC01-1250 Albuquerque, NM 87131-0001 Attention: Pat Theuer
5.1.7
Spill Assistance and Decontamination Under this contract, spill assistance will typically be limited to non-urgent spill cleanup, over packing and repacking containers from spills and leaking containers. Decontamination will typically be limited to non-urgent cleanup of room surfaces and/or ductwork.
5.1.8
Quality Control and Inspection Requirements 5.1.8.1 All packaging, labeling, transportation, and disposal of the wastes in this RFP must be accomplished in accordance with all Federal, State and local statutes, laws, regulations, rules and ordinances. 5.1.8.2 The Safety & Risk Services Director, or their designee, must sign all manifests before waste can be removed from the University. The vendor shall make changes to the manifest if the Safety & Risk Services Director deems changes to be necessary.
5.1.9
Compliance Documentation: Vendors must detail any notices of violations received from any regulatory agency within the last 3 years. Include a brief description of when, where, and what the violation was. The successful vendor Page 9
UNM Department of Safety and Risk Services
must allow the University access to any EPA and/or state regulatory inspection reports for the last three years. 5.1.10 Regulatory and Service Updates: Describe your abilities to monitor and inform the Safety & Risk Services Director of regulatory changes, both State and Federal, which may affect University waste disposal. Describe your procedures to inform the Safety & Risk Services Director of changes in transportation, packaging, or site acceptance policies required by disposal facilities or your company. 5.2
Technical Requirements 5.2.1
Employee Qualifications: Personnel performing work for UNM must have current HAZWOPER certification and any other training appropriate to their job. Service visits require two people on-site at all times. The site supervisor must be a degreed chemist, or have an equivalent scientific degree, with at least two (2) years experience in handling hazardous wastes. Technicians must have at least one (1) year experience and be properly trained to perform required tasks.
5.2.2
Site Acceptability: These are the mandatory requirements for a hazardous waste management facility utilized under this contract: 5.2.2.1 The facility must have an appropriate interim status or RCRA permit for specific wastes and management methods. 5.2.2.2 No waste shall be sent to a facility that has a significant RCRA violation (defined in EPA’s Off-site Policy, 50 FR 45934, footnote 1) unless the owner has committed, through an enforcement agreement, to correct the problem and disposal only occurs within the facility at a new or existing unit that is in compliance with RCRA requirements. 5.2.2.3 If mismanagement of wastes occurs at these facilities (as determined by the University or its representatives), the University may, at its option, refuse to allow that facility to be used, request another subcontractor be used, or cancel the contract with the prime contractor.
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