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HomeMy WebLinkAbout468473 VEOLIA ES TECHNICAL SOLUTIONS LLC - CONTRACT - AGREEMENT MISC - VEOLIA ES TECHNICAL SOLUTIONSSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Veolia ES Technical Solutions, LLC, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of work (such services and work are collectively referred to as the "Work") attached hereto as Exhibit "A", consisting of nine (9) pages and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule contained within section A.1 of Exhibit "A", consisting of nine (9) pages, and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall commence upon the date of execution shown on the signature page of this Agreement. Services shall be completed no later than 12/31/10. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of 1 SA rev03/10 • Ensure that the packaging area will contain all materials and equipment necessary to carry out the specified operation, i.e., absorbent, drums, tools, tables, safety equipment, etc. Unloading Service Provider proposes that the City encourage the sponsors and volunteers for each event to utilize cones or other markers to direct traffic through the completed drop off routes as agreed to by both parties during the pre -project meetings. Strategic placement of signs, cones, barricades, etc. will assist the participants in staying as far away as possible from the "hot zone" and working areas. In the event of an overflow of traffic causing congestion onto a street entering or exiting a collection site, a pre -assigned representative may implement any traffic contingencies previously agreed upon at the pre -project meetings. Prior to unloading, Service Provider personnel will scan the material for acceptance. Once it is deemed acceptable, the material (container) will be removed from the participants' vehicle. Service Provider respectfully requests that ALL HAZARDOUS materials ONLY are managed by Service Provider OR 40 hour trained person as a safety precaution. Although the participants have been handling this waste in their own home, an accidental drop or spill could cause serious injury if not handled correctly. Waste that cannot be accepted will not be removed from the vehicle. If there is any question at all, Service Provider's Project Manager will discuss the material in question with an authorized City representative prior to acceptance. Participants will be instructed to remain in their vehicles at all times. Once a participant's waste is accepted, the waste will be shuttled to the packaging/segregation area via boxes, sturdy plastic containers, shopping carts, or other miscellaneous small containers/carts. Receipt Control and Segregation Areas A minimum of three (3) reception tables will be used in the receipt control area at each event (more if needed) to place chemicals and paint on received from the participants. Controlled access will be maintained around this area via tape or markers. Behind this area will be the packaging, segregation, and bulking stations which will also utilize tables to keep chemicals off of the ground. Within the segregation and bulking area there will be the following safety equipment: Fire Extinguisher First Aid Kit Eyewash A contamination reduction zone will be set up where active employees (those handling chemicals and containers) will remove all appropriate personal protective equipment (PPE) for disposal and/or reuse later in the day. All employees MUST pass through this zone before utilizing restrooms or break areas. Segregation Activities All waste will be classified to insure proper packaging based on procedures found in the Service Provider Corporate Lab Pack Manual and applicable Code of Federal Regulations (CFR). Chemicals will be segregated based on their DOT classification and compatibility. Once segregated, all like hazards will be packaged into DOT approved containers and drum inventory sheets will be completed (if applicable). Service Provider proposes to use the most economically correct size of container that is approved for each hazard class. All "unknown or unmarked" chemicals received in five (5) gallon size containers or less will be "field hazcatted" using a fingerprint kit with test strips and small volume chemicals and containers. A small sample of the unknown material will be tested to properly identify any characteristic waste codes for transportation and disposal (i.e., flammability, corrosivity, reactivity, etc.). All appropriate health and safety procedures will be followed when conducting hazcats. Any "unknown or unmarked" chemicals received in containers larger than five (5) gallons will require a sample for laboratory analysis. Therefore, Service Provider will discuss acceptance of these containers with the City prior to the participant leaving the project site. Ultimately they can be managed; it's just a matter of cost and timing. Waste Packaging Once all segregation and testing have been completed, packaging by Environmental Specialists and Technicians will take place under the direction of the Technical Coordinator. These people will wear (as a minimum) the following protective items: • Safety glasses, • Steel -toed shoes, • Latex or N-dex gloves, • Company Uniform, Paper tyvek suits, and • Other protective clothing as specified in the health and safety plan. As noted earlier, appropriate size of the container will be determined based on the total volume of waste to be packaged, but it is Service Provider's intent to package most of the waste into cubic yard boxes rather than 55-gallon drums. All packaging will be completed in accordance with TSDF guidelines, DOT regulations, and most importantly in accordance with the compatibility of each hazard class. Bulking/Commingling Procedures Service Provider realizes that cost is of the utmost importance to the City and will propose to work with the City in determining which items or chemicals are suitable, and more cost effective for bulking/co-mingling into fifty-five (55) gallon sized drums. At a minimum, Service Provider is proposing to bulk all "good" flammable liquids. As for the paint, Service Provider is proposing to package all cans/buckets into cubic yard boxes or pallets (for 5- gallon cans), and ship this waste direct to the TSDF this way and/or bulk on -site. Pricing has been provided both ways depending on how the City chooses. Although there is a distinct economic advantage for bulking flammables and solvents, paint waste does not need prior bulking for acceptance purposes at our disposal facilities. In fact, it will be CHEAPER to the City if we DON'T bulk on -site (less labor required) not to mention the added safety assurance and non -mess and time that comes with on -site commingling of containers. These wastes will still be recycled through a supplemental fuels program for cement kilns or true recycling program (latex paint), but they won't require commingling prior to shipment. Other targeted wastes/materials for bulking on -site include non -regulated liquids if a large volume is received and it's economically worth on -site bulking. Service Provider's Standard Operating Procedures for bulking liquids on -site are as follows: 1) Service Provider's Project Manager/Technical Coordinator will determine the appropriate waste to be bulked (in agreement with the City). 2) Service Provider Project Manager, with the assistance of our Health and Safety Department, will determine the appropriate PPE to be worn as detailed in the health and safety plan. At a minimum, the following PPE will be worn: • Full face respirator with organic vapor cartridges (unless a self contained breathing apparatus (SCBA) is determined to be required), • Splash resistant suits (i.e., polytyvek, saranex, rain suits), • Neoprene, ANSI boots, • Latex gloves and nitrile/neoprene overgloves, and • Hard hat and splash shield (if required). 3) Service Provider field crews will set up specialized equipment, tools, and supplies to include: A) Non -Sparking Bung Wrench B) Plastic Sheeting (Visqueen) C) Funnels D) Absorbent (Floordry) E) Drums or Containers F) Bonding and Grounding Cables G) Miscellaneous Tools (screw drivers, paint can scrapers, etc.) G) Emergency Equipment (eyewash, fire extinguisher, first aid kit, air horn) 4) Service Provider Project Manager will Inspect the area where bulking will take place to: A) Determine wind direction and weather conditions B) Locate operational area - preferably outdoors C) Determine drainage patterns D) Unload equipment E) Secure work area with barrier tape 5) Service Provider field crews will refer to site specific contingency information. 6) Service Provider's Project Manager will insure chemical compatibility through reference materials. 7) Service Provider's Project Manager will bond and ground the drum in which the waste will be bulked into. 8) Service Provider field crews will begin bulking compatible materials and follow these procedures: A) Clean up all spills immediately. B) Close containers as soon as possible or when "standby" is occurring. C) Do not overfill drums, check by carefully removing funnels and inspecting the level visually, with a drum thief or other method. Note that at least four (4) inches will remain between the top of the waste and the top of the drum to allow for expansion of the contents that may occur with temperature changes. This is referred to as the outage. D) Seal the drum. E) Dispose of the empty containers as per generator's instructions or into an empty roll -off container located at the project site for trash. 9) Prepare the drum for transportation by properly marking and labeling the container, and completing the appropriate paperwork. 10) Cleanup the work area. Drum Staging or Loading Area An area will be designated for packaged, closed, and labeled drums/cubic yard boxes to be staged prior to loading these onto the truck for transportation. Drums will be moved via a drum dolly or fork lift and will be checked to ensure all labels and appropriate markings are on each container. Cubic yard boxes will be moved on pallets supplied by Service Provider via a forklift (if available) or a pallet jack supplied by Service Provider. Drums and pallets will be loaded based on compatibility onto Service Provider's vehicles via drum dollies, pallet jacks, and a lift gate attached to the truck. The transportation vehicle will be appropriately placarded in compliance with applicable DOT regulations. Paperwork Service Provider will execute all paperwork necessary to comply with all applicable regulations and ensure acceptance of packaged waste at our disposal facilities. A drum inventory/packing list will be used to record each drum's volume contents while packing (if necessary). Household hazardous wastes are exempt from requiring the actual name of each product/material for all "generic" wastes. All acids or reactives will actually be inventoried as these wastes will require destructive incineration and do not fall under a "generic" profile. All containers generated on -site will be manifested to Service Provider's LOCAL Henderson, Colorado facility for ultimate management and disposal; therefore reducing the liability of over -the -road travel associated with hauling hazardous waste. This tracking document (i.e., manifest) will ensure complete "cradle -to -grave" tracking. Site Clean-up Site clean-up will include bringing in all signs, cones, and barricades; picking up plastic and any loose materials such as paper or trash; and removal of all equipment (roll -offs, port-o- lets) and excess supplies. The site will be cleaned up to pre -event conditions or better. A. Identification of Unknown Wastes The following is a description of Service Provider's Standard Operating Procedure that is used to identify unknowns: 1. Service Provider personnel will segregate all unknowns for removal to the identification/testing area at the collection site. Waste containers will be classified as "unknowns" whenever there is reasonable doubt as to the contents of the waste. Doubt may be due to illegible or hand written labels, missing, or apparently incorrect labels, or in the case of trade name chemicals, hazardous constituents or ingredients fail to appear on the label. Service Provider will first make every attempt to identify the waste without opening the container. This will involve questioning the participant who dropped off the waste if possible. 2. If the waste cannot be identified using the procedure described above, the "unknown" must be fingerprinted to determine if any hazardous characteristics (D001, D002, or D003) are present so that a hazard class and shipping description may be designated. All materials designated as "unknowns" will be packaged for destructive incineration once the hazard class is determined. 3. Service Provider personnel will perform chemical and physical tests to determine the hazard classification of the waste. All personnel involved in the testing of unknowns will be outfitted with the proper personal protective equipment. This equipment will include, at a minimum, chemically resistant tyvek suits, steel toe/metatarsal boots, safety glasses and chemically resistant gloves, full -face air purifying respirators and chemical cartridges. 4. The following tests will be used to determine the hazard class of unknown wastes: a. Identification/Observation of the Material b. Flash Point C. pH d. Water Reactivity & Solubility e. Oxidizer Screen f. Organic Peroxide Screen g. Cyanide Screen h. Sulfide Screen 5. The procedure to perform the above listed tests is as follows: a. Physical Identification/Observation of the Material Service Provider's Project Manager will note whether the material is a liquid, solid, gaseous, semi -solid, or multiple phase waste, and note any unusual observations in color (which might indicate the presence of metals). The containers, at this point, are looked at closely to note if any crystals have formed in the bottle or around the cap, as this could be an indication of peroxide formation b. Flash Point A 20-ml sample will be placed into an aluminum sample pan and exposed to a flame (via a hand torch). If the sample ignites upon exposure, it will be classified as Flammable. If the sample ignites after one second of exposure, it will be classified as Combustible: Any sample that does not ignite after two seconds will be classified as non-flammable/combustible. C. pH A 20-ml/20 gram sample of the unknown will be placed into a plastic/aluminum sample pan. If the unknown is a solid, 5-ml of water will be added. A pH test paper strip will be dipped in the waste and the resulting color change compared to the indicator scale. If the pH of the waste is determined to be 2 or less, the waste will be classified as an acid. If the pH is 12.5 or greater, the waste will be classified as an alkaline. d. Water Reactivity & Solubility A 20-ml/20 gram sample will be placed in an aluminum sample pan and to it will be added 5 ml of water. Solubility will be determined upon visual inspection. If the mixture exhibits any of the following properties, it will be classified as Water Reactive: (1) Heat generation (2) Gas generation (3) Internal pressure through expansion, or (4) Ignition e. Oxidizer Screen A 20-ml/20 gram sample will be placed in a plastic/aluminum sample pan. If the sample is a solid, to it will be added 5 ml of water. A Potassium Iodide/Starch Iodide test strip will be dipped in the waste and any color change observed. If the strip changes to purple, the waste will be classified as an Oxidizer. Organic Peroxide Screen A 20-ml/20 gram sample will be placed in a plastic/aluminum sample pan. If the sample is a solid, to it will be added 5 ml of water. An Organic Peroxide test strip will be dipped in the waste and any color change observed. If the strip changes to blue, blue/green, or darkish purple, the waste will be classified as Organic Peroxide. g. Cyanide Screen All unknown wastes with a pH equal to or greater than 8 will be screened for cyanides. Three solutions will be prepared: (1) 10% Sodium Hydroxide Solution (2) 10% Ferrous Sulfate Solution (3) 5% Ferric Chloride Solution A 20-ml/20 gram sample will be placed in a plastic sample pan. To it will be added 10 mis of water, 10 mis of sodium hydroxide solution, 10 mis of ferrous sulfate solution, and 10 mis of ferric chloride solution. Enough 90% sulfuric acid will then be added until solution becomes acidic. If solution displays the distinctive Prussian blue or green color, the sample contains cyanide and will be classified as a Toxic Chemical. Note that if the above solutions are not available, cyantisemo paper can be used in their place. h. Sulfide Screen All unknown wastes with a pH equal to or greater than 8 will be screened for sulfides. A 20-ml/20 gram sample of the waste will be placed into a plastic/aluminum test pan. Wet a strip of lead acetate paper with water. 37% hydrochloric acid will be added to the sample and a strip of wet lead acetate paper held into the fumes generated by the reaction. If the lead acetate paper turns brown or silvery black, sulfides are present and the sample will be classified as a Poison B. All information/results obtained from this fingerprinting will be recorded on the Service Provider Fingerprint Analysis Report. Unknown wastes will be labeled or stickered with a number, and this number will be used to identify that particular bottle with its test results. A copy of the Fingerprint Analysis Report will be distributed to the Generator for his records, and a copy will accompany the drum inventory to the disposal facility. All waste products produced from the testing procedures will be consolidated into a drum for proper disposal. EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Rev7/2009 A� d 04/01/ CERTIFICATE OF LIABILITY INSURANCE M/DD/YYYI) 4/01 /2010 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Marsh USA Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1000 Main Street, Suite 3000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Houston TX 77002 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Attn: Specialty.CertRequest@marsh.com; 212-948-0564 010056-Veoli-Prima-09/10 HENDE INSURED VEOLIA ES TECHNICAL SOLUTIONS, LLC 9131 EAST 96TH AVENUE HENDERSON, CO 80640 INSURERS AFFORDING COVERAGE NAIC # INSURER A: New Hampshire Insurance Company 23841 INSURER B: Insurance Company Of The State Of PA 19429 INSURER C: AIG Casualty Company 19402 INSURER D: National Union Fire Ins Co Pittsburgh PA 19445 INSURERE: Commerce And Industry Ins Co 19410 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD-I.i INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDIYYYY) POLICY EXPIRATION DATE(MMIDDNYYY( LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY GL4572700 07/01/2009 07/01/2010 EACH OCCURRENCE 1,000,000 DAMAGE( Ea RENTEoccurrence PREMISESSD $ 1,000,000 MED EXP (Any one person) $ 10,000 CLAIMS MADE [X1 OCCUR PERSONAL & ADV INJURY $ 1,000,000 T CONTRACTUAI I IARILITY GENERAL AGGREGATE $ 1,000,000 GENERAL AGGREGATE LIMIT APPLIES PER X POLICY JECT LOC PRODUCTS - COMP/OP AGC. $ 1,000,000 B B AUTOMOBILE X LIABILITY ANY AUTO CA4576281 (All Other States) CA4576282(MA) 07/01/2009 07/01/2009 07/01/2010 07/01/2010 COMBINED SINGLE LIMIT (Ea accident) - $ 1,000,000 B ALL OWNED AUTOS SCHEDULED AUTOS CA4576283(VA) 07/01/2009 07/01/2010 BODILY INJURY (Per person) $ BODILY INJURY $ X HIRED AUTOS X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND WC4552998 (AOS incl WV) 07/01/2009 07/01/2010 X JTNCSTATU- oTH- FIR C D E EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBEREXCLUDED? � ((Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below WC4552999 (AZ, MD & VA) WC4553000(CA) WC4553001 (WI & STOP GAP) 07/01/2009 07/01/2009 07/01/2009 07/01/2010 07/01/2010 07/01/2010 .L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER B Workers Compensation and WC1558356 (FL) 07/01/2009 07/01/2010 See Above Limits B Employers Liability WC0623124 (MA) 07/01/2009 07/01/2010 F WC4883561 (TX) 07/01/2009 07/01/2010 DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CITY OF FORT COLLINS, ITS OFFICERS, AGENTS AND EMPLOYEES ARE INCLUDED AS AN ADDITIONAL INSURED (EXCEPT AS RESPECTS ALL COVERAGE AFFORDED BY THE WORKERS' COMPENSATION POLICY) AS REQUIRED BY CONTRACT, BUT ONLY FOR LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER H01 1-171171149111715-1113 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FORT COLLINS EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL PURCHASING DIVISION 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, N: ED TE, CPM MASON 215 MASON 215 NORTH BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND P.O. BOX 580 UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. FORT COLLINS, CO 80522 "6Uja3RIZ USAI ESENTATIVE C. arSBony N. Smith 71 ACORD 25 (2009101) @ 1998-2009 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD /';. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I976IdW-1I�,I=1V This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Veolia ES Technical Attn: Purchasing Attn: Errin Henggeler, Solutions, LLC PO Box 580 Environmental Regulatory 9131 East 96th Ave Fort Collins, CO 80522 Specialist Henderson, CO 80640 PO Box 580 Attn: Andy Jung, CHMM, Fort Collins, CO 80522 Account Manager In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting of nine (9) pages, and per the attached Exhibit "C", consisting of two (2) pages, and incorporated herein by this reference. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. VJ SA rev03/10 ADDITIONAL INFORMATION HOU-001421305-03 DATE/ 04/01 /20102010 PRODUCER Marsh USA Inc. 1000 Main Street, Suite 3000 Houston, TX 77002 Attn: Specialty.CertRequest@marsh.com; 212-948-0564 010056-Veoli-Prima-09/10 HENDE INSURERS AFFORDING COVERAGE NAIC # INSURED VEOLIA ES TECHNICAL SOLUTIONS, LLC 9131 EAST 96TH AVENUE HENDERSON, CO 80640 INSURER F: Illinois National Insurance Company 23817 INSURER G: N/A N/A INSURER H: NIA N/A INSURER I: TEXT CITY OF FORT COLLINS PURCHASING DIVISION ATTN: ED BONNETTE, CPM 215 NORTH MASON P.O. BOX 580 FORT COLLINS, CO 80522 JM�r II�� ppgg�� a MarShEUSAPIfIC$ENTATIVE Barry N. Smith I -- Page 2 . EXHIBIT C COST SCHEDULE Description UOM Sell Project Manager Hour $52.50 Environmental Specialist/Tech/Driver Hour $47.25 Mobilization/Demobilization to One Day Events Mile $3.78 Transportation, per drum or cylinder Each $26.25 Transportation, per cubic yard box/pallet Each $105.00 Oil Based Paint 55 gal dr $131.25 Oil Based Paint - too solid to pour up Cu Yd Box $393.75 Paint With PCB's 55 gal dr $630.00 Solvent Waste 55 gal dr $73.50 Corrosive Liquids, Acids (*) Pound $.84 Corrosive Liquids, Bases (*) Pound $.84 Flammable Toxic Liquids (*) Pound $.84 Toxic Solids (*) Pound $.84 Paints with Some Liquid, not all pourable (*) Poun $.84 (*) 4 Minimum Charge Per Dr $184.00 (*) 4 Minimum Charge Cu Yd Box $725.00 PCB Ballasts Pound $1.45 PCB Ballasts, Minimum Charge 55 gal dr $184.00 Liquid Ni-Cd Batteries (**) Pound $.87 Alkaline Batteries (**) Pound $.43 Lithium Batteries (**) Pound $2.80 (**) 4 Minimum Charge Per Dr $75.00 Lab Packs (to include Flammable Solids, Pound $1.91 Oxidizers, & non -temp control Organic Peroxides) Lab Packs (to include Water Reactives, & Temperature Pound $3.15 Control Chemicals) Dioxins 30 gal dr $945.00 Dioxins 20 gal dr $680.00 Dioxins 5 gal dr $567.00 Aerosol Cans Pound $.91 Aerosol Cans, Minimum Charge Cu Yd Box $600.00 Elemental Mercury/Debris/Inorganic Compounds 5 gal dr $353.00 Elemental Mercury/Debris/Inorganic Compounds 30 gal dr $528.00 Elemental Mercury/Debris/Inorganic Compounds 55 gal dr $983.00 Cylinders Each CBC PIH Exempt DOT Box Each $16.00 5 gal poly drum Each $10.50 10 gal fiber drum Each $13.65 15 gal fiber drum Each $15.75 20 gal fiber drum Each $27.00 30 gal fiber drum Each $36.75 55 gal fiber drum Each $47.25 55 gal metal drum (recon) Each $43.00 55 gal poly drum (new) Each $80.00 85 gal metal overpack Each $142.00 Cubic Yard Box Each $63.00 Vermiculite Each $19.00 Energy & Security Surcharge: 8% Veolia reserves the right to invoice additional amounts as surcharges due to increases in fuel, insurance, energy and security costs. Pricing will fluctuate based on the current weekly cost of diesel per the following table pricing. $ Diesel 2008 surcharge $2.25 5% $2.35 5% $2.45 5% $2.55 6% $2.65 6% $2.75 6% $2.85 6% $3.00 7% $3.15 8% $3.30 9% $3.45 10% $3.60 11% $3.75 12% $3.90 13% $4.05 14% $4.20 15% $4.35 16% $4.50 17% $4.65 18% $4.75 19% $4.85 20% $4.95 21 % $5.05 22% EXHIBIT. D ENVIRONMENTAL PROVISIONS In the event any material which cannot be accepted as part of this collection event is abandoned by a participant/resident at or near the collection site, the Service Provider shall have no obligation to handle such abandoned materials unless and until specifically agreed upon between Service Provider and the City in a written change order detailing the services to be performed and the associated costs. Service Provider shall have no obligation or responsibility with respect to materials which are not tendered and accepted in accordance with the material terms of this Agreement regarding unloading and segregation of materials. Service Provider represents and warrants to City that: (a) Service Provider is generally engaged in the business of performing Work with respect, to _ waste materials and has developed the requisite expertise to perform the particular Work agreed to by City and Service Provider hereunder; (b) all Service Provider vehicles and each facility utilized to perform Work hereunder shall have all permits, licenses, certificates or approvals required under applicable laws and regulations for such Work; and (c) Service Provider will perform Work for City in a safe and workmanlike manner, and in compliance with all statutes, ordinances, laws, orders, rules and regulations applicable to the Work. City represents and warrants to Service Provider that: (a) the collection events described in Exhibit A to this Agreement were advertised as collections of Household Hazardous Waste; (b) City has all necessary authority to enter into this Agreement with respect to such waste materials; (d) City is under no legal restraint which prohibits the transfer of possession of such waste materials to Service Provider; and (c) In connection with its obligations under this Agreement, City shall comply with all applicable statutes, ordinances, laws, orders, rules and regulations, and shall provide Service Provider a safe work environment for any Work performed on premises owned or controlled by City. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. G. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned repaired or replaced by Service Provider in a manner and at a time acceptable to City. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 0 SA rev03/10 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated. herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing 4 SA rev03/10 the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. 5 SA rev03/10 d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special Provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. M. SA rev03/10 CITY OF FORT COLLINS, COLORADO a municipal corporation v' Ja es . O'Neill II, CPPO, FNIGP Dir c r of Purchasing and Risk Management Date: Veolia E T "chnical Solutions LC B' U41 —1� PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: - ly-�L> "ES (Corporate Seal) COPIPOFVATE SEItRETARY SA rev03/10 EXHIBIT A . SCOPE OF WORK A. General Specifications: It is the intention of this Services Agreement that the Service Provider will provide the turn -key operation of Collection Events for Household Hazardous Waste for the City of Fort Collins, including the following: 1) Event #1: June 5, 2010 (backup date June 12). Location: Utilities Service Center parking lot, 700 Wood Street, Fort Collins, Colorado 80521. Time: 9:00 a.m.-3:00 p.m. (plus necessary setup & teardown) Event #2: September 11, 2010 (backup date Sept. 18). Location TBD, preferably south Fort Collins. Time & duration TBD. 2) Service Provider is to provide all equipment necessary (except a roll -off container for non -hazardous latex paint, which will be subcontracted to Conservation Services, Inc. division of Waste Management) to stage a turn- key event for Fort Collins residents to drop off household hazardous waste for proper containment, transportation, and disposal in the appropriate regulated facilities as required by Colorado law. The cost for equipment is amortized in the material collection costs outlined in Exhibit C Cost Schedule. 3) Service Provider is to provide all necessary qualified personnel to staff a collection event of the size and scope described herein, in order to facilitate an average vehicle unloading time averaging 1-2 minutes per car. It is anticipated that based on the overall budget for this project that the not -to - exceed volume of cars that can be accepted for each event is approximately 416 cars (based on an anticipated average volume per car of $60 worth of required services). Events of this size normally require the Service Provider to provide a qualified staff of 13 persons per event (subject to change for 2nd event; see #5 below). 4) Service Provider will provide collection, transportation, and disposal of Household Hazardous Waste materials at the cost delineated herein (see Exhibit C Cost Schedule); which Service Provider warrants are the same rates provided to Larimer County as a result of their competitively -bid Request for Proposal 07-18 Hazardous Waste Disposal Services. City of Fort Collins is hereby exercising their right as a Public Purchasing Agency to cooperatively utilize this existing Request for Proposal Award to benefit the citizens of the City of Fort Collins. 5) It is the intent of the City of Fort Collins to cap the cost paid to Service Provider for putting on these turn -key Collection Events at a total cost for the two events NOT TO EXCEED $50,000. The City reserves the right to adjust the size, scope, and duration of the second event based on the overall cost and success of the first event; so that the two events combined stay within the stated overall project budget of $50,000. The City of Fort Collins cannot guarantee any minimum amount of collection volume for either of the two events; as that is determined by the rate of participation by the residential citizens of Fort Collins. The City does intend to promote and publicize these events to the level necessary for them to be successful. 6) City of Fort Collins will provide restroom facilities and hand wash stations either by providing access to adjacent City facilities during the HHW events, or by providing portable facilities at the City's expense. The City will also provide a trash dumpster or roll -off container for trash disposal. 7) City of Fort Collins will provide traffic control and traffic "lanes" via cones or other means. The City will also provide staff personnel to greet the residents, collect proof of residency (if required), and to represent the City for any decisions that may be necessary (for example, turning away "truckload customers, or chemicals that cannot be accepted). B. Operational Event Details: Waste Collection A specific site set-up plan for each one day event will be finalized upon award of this contract during a pre -project discussion meeting. This plan will be based on the following: • Weather Conditions • Anticipated Participation • Community and Volunteer Participation • Site Conditions (i.e., ground surface and public access routes) Prior to each event, Service Provider will ensure that ground contamination is avoided by placing appropriate plastic underneath all areas where waste will be managed freely. Set Up Service Provider will arrive at each designated project site either the evening before or the morning of the scheduled day of collection approximately two hours prior to the start time of collection and implement the following: • Place appropriate plastic underneath all areas where waste will be managed freely (i.e., hot zone/segregation, packaging, and bulking areas). • Ensure that all operations (bulking, segregation, classification, packaging, etc.) will take place within the segregation/hot zone area by marking these areas with warning tape/barriers. • Control access to the receiving areas by requiring all participants to remain in their vehicles at all times.