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HomeMy WebLinkAboutAET ENVIRONMENTAL - CONTRACT - RFP - 7172 CHEMICAL SPILL CLEANUP AND HAZARDOUS MATERIALSERVICES AGREEMENT WORK ORDER TYPE 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 AET Environmental hereinafter referred to as "Service Provider". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 7172 Chemical Spill Cleanup. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No work order shall exceed $75,000.00. The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Chanoes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. STD SA WO rev03/10 1 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND AET Environmental DATED: Work Order Number: _ Purchase Order Number: . , 1. Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: User Acceptance Professional agrees to perform the services City of Fort Collins identified above and on the attached forms in accordance with the terms and conditions By: contained herein and in the Professional Services Agreement between the parties. In the Date: event of a conflict between or ambiguity in the terms of the Professional Services Agreement By: and this work order (including the attached Director of Purchasing and Risk Management forms) the Professional Services Agreement (over $60,000.00) shall control. Date: The attached forms consisting of (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. 1 EXHIBIT B BID SCHEDULE PROPOSAL FORM 2010-2011 AET ENVIRONMENTAL COST PROPOSAL For - CITY OF FT. COLLINS SCHEDULE B-RATE SHEET Labor Rates: Project Manager Project Supervisor Certified Chemist Lead Environmental Technician Environmental Technician (same as Certified Worker) Non -Emergency Emergency* $80.00/hr $100.00/hr $65.00/hr $81.25/hr $65.00/hr $81.25/hr $50.00/hr $60.00/hr $45.00/hr $54.00/hr Labor rates are on a portal-to-portal basis with a four (4) hour minimum. *Emergency Response rates are Monday -Friday 5:00 PM to 8:00 AM and all day Saturday, Sunday and Holidays. There is a $1200 minimum billing for Emergency Response call out service. Material Rates: Containers: 55 gallon steel-7A-Rated LLW drums 55 gallon steel/poly drums (open or closed top)-(Recond) 55 gallon drums/poly (open or closed top) -(Used) 30 gallon steel/poly drums (open or closed top)-(Recond) 20 gallon steel/poly drums (open or closed top)-(Recond) 16 gallon steel drums (open or closed top)-(Recond) 10 gallon steel/poly dawns (open or closed top)-(Recond) 5 gallon pails (New only) DOT Exempt Boxes Fluorescent Lamp Drums Packing Material: Vermiculite (50 lb bag) Label, Manifests, Shipping Documents Safety Equipment: Level D (Standard -per man) Level C (per man) Level B (per man) Level A (per man) Equipment Rental (Backhoes, loaders, etc.) $70.00/dr $60.00/dr $20.00/dr $60.00/dr $45.00/dr $40.00/dr $25.00/dr $25.00/dr $50.00/bx $45.00/dr NO CHARGE NO CHARGE same as non - Emergency $25.00/day $40.00/day $200.00/day AVAILABLE UPON REQUEST Cost + 15% SCHEDULE B (cont.) Lab Pack Pricing (Transportation not included) Description Price Price Price Price Treatment (55 gal) (30 gal) (15 gal) (5 gal) Method Industrial/ Non -Hazardous $300/dr $250/dr $175/dr $135/pail Various Corrosives $315/dr $250/dr $175/dr $135/pail Water Treatment Flammable: Liquid $315/dr $250/dr $175/dr $135/pail Fuel Substitution Solids $375/dr $275/dr $200/dr $150/pail Incineration Poisons $475/dr $375/dr $300/dr $175/pail Incineration Oxidizers $475/dr $375/dr $300/dr $175/pail Incineration Water Reactive/ $650/dr $350/pail Incineration Air Reactive $650/dr $350/pail Incineration Hg Wastes $375/5 gal $275/1 gal Retort/Reclaim Gas Cylinders/ Compressed Gases Case -by -Case Low Level RAD: Dry Activated Waste $6.75/lb ($1250/dr minimum) Scintillation Vials (non -Hazardous) $6.75/lb ($1250/dr minimum) * Some of these categories may be subject to case be case pricing -The above pricing includes disposal only. -$75 per container minimum charge. -Manifesting, Labeling and LDRs are provided free of charge. Bulk Waste Stream Pricingg{Transportation not included) Description Quantity Price Treatment Method Waste Solvents/Flammable drums $110/dr Fuels Substitution Liquids (13001, F003, F005) Waste Oils/Paints (DOOi) drums $110/dr Fuels Substitution Universal Waste: Fluorescent Lamps 4 ft & 8 ft $0.25/ft Recycling Light Ballasts 55 gal dr $350/dr *"` Recycling e-waste (computer waste) per pound $0.85/lb Recycling/smelting Lead Acid Batteries per pound $0.50/lb Recycling Nickel Halide Batteries pei- pound $1.50/lb Recycling Ni-Cad Batteries per pound $1.50/lb Recycling Alkaline Batteries per pound $1.00/lb Recycling * BTUs < 5000 ** Up to 400 lbs per drum, then $0.75/lb thereafter 2 SCHEDULE B (cont.) Transportation Charges * Container Size Price Cubic yard box/Bag $125 each 55, 30, 15-gallon drums $60 each 10, 5-gallon, DOT Boxes $30 each * Lump Sum pricing includes State disposal fees and fuel surcharges. Add $1200 per shipment for transportation of low-level waste. Analytical Fees Analysis Full TCLP TCLP Metals Reactivity, Cor►osivity, Ignitability TPH (modified 8015) Volatile Organics (8060) Semi-Volatiles (8070) BTEX (8260) Price $875 $185 $125 (or $50 each) $125 $235 $300 $125 Additional analytical pricing available upon request. Pricing is for 10 day turn -around -tune (TAT). Up -charges will apply for expedited requests. KI EXHIBIT C 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. EXHIBIT D SCOPE OF SERVICES Performance Requirements: Comply with all applicable laws, regulations, and local ordinances, including but not limited to: Environmental Protection Agency, Colorado Department of Public Health and Environment CDPHE, State Oil Section, Occupational Safety and Health Administration, Department of Transportation, Larimer County and City of Fort Collins. Initial Response: 1. Respond and be fully equipped to begin operations at the cleanup site within two (one hour preferred) hours of the initial contact unless authorized by City staff. a. Service provider will develop a list of needed information to be used by City staff to provide the contractor with the appropriate information to prepare for the response. 2. Be prepared to integrate into the PFA National Incident Management System (NIMS) when PFA is in charge of the scene. 3. Conduct a safety briefing with all personnel on site before beginning work. 4. Exercise the necessary precautions to protect all on -site personnel from potential hazards associated with a spill, release, abandonment or project. 5. Identify chemical characteristics of unknown substances using direct reading instruments and other field test methods. 6. Implement containment and cleanup strategies appropriate for the quantity, chemical characteristics, and media involved in the project, spill, release or abandonment. 7. Keep a daily log of work performed, document and report observations made during initial response and subsequent cleanup. Note such things as: a. Bystander's comments regarding cause of incident and chemicals involved. b. The presence of contaminated soil, groundwater or free product. Response and Project Work: 1. Provide a schedule of costs for emergency cleanup services, including drive time with the proposal. a. Discuss cleanup plan with the City before starting work. 2. For projects and non -emergency response, provide a detailed scope of services to be performed, anticipated schedule and detailed cost of services to be approved by the city. 3. Service provider's personnel will be trained and maintain appropriate levels of certification for the work being performed. 4. Prepare a site health and safety plan including contractor's procedures to comply with all worksite hazards and appropriate to the scope of the cleanup or project. 5. At minimum, conduct daily briefings including safety precautions and project updates with City personnel. 6. Remove contaminated soil, ground water or free product from City facilities or spill site in accordance with all applicable laws & regulations. 7. Secure contaminated materials to prevent subsequent release, personnel exposure, damage to facilities, and ensure reliability of sampling and analysis until they can be properly prepared for disposal. 8. Decontaminate existing site structures and equipment. 9. Collect and deliver analytical samples to a lab of the City's choice. a. Use EPA and CDPHE required sampling methods b. Maintain proper chain of custody with analytical samples. 10. Evaluate site conditions, recommend and discuss disposal options with a City representative. 11. Transport and temporarily store (if necessary and feasible) waste until materials can be disposed of at an appropriate facility of the City's choice. 12. Certificate of destruction will be required for disposal of scrap metal/tank, hazardous wastes; and specialwastes-.-..Completed, signed manifests are required,to,prove;proper disposal of material. Documentation must be provided to the city within 90 days of material removal. 13. The City requires a "No Further Action" letter (NFA) from LCDHE or State Agency on all cleanup and projects as directed by the County or State. 14. A portion of the final invoice payment will be withheld until the City receives the certificate of destruction and/or completed manifests and/or an NFA letter. Project Completion: 1. Remove all supplies, equipment, and waste stored on site used for clean-up and disposal. 2. Conduct a debriefing, if requested, with City personnel. 3. Prepare a complete final report within 10 days of project completion. a. Provide an executive summary for reports greater than 10 pages in length. 4. Provide copies or daily logs from the response or project. Provide an itemized bill for services provided. K From:AET ENVIRONMENTAL 3033338517 01/11/2011 14:04 #731 P.001/001 np In- RC .A� R�� CERTIFICATE OF LIABILITY INSURANCE DAT01111DIYYYY) 01/11111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL .INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WANED, 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 endorsements . PRODUCER 303-744-1341 Henry Ham Agency, Inc. 303-744-0654 P.O. Box 100547 645 E. Evans Ave. Denver, CO 80250 Hank Ham COMTACT PHONE q/c No E-MAIL PRODUCER SOUE001 CUSTOMER INSURE S AFFORDING COVERAGE NAIC 11 INSURED Source Environmental, Inc. dba: AET Environmental 14 Lakeside Lane Denver, CO 80212 INSURER A:ChartisRlskS ialists INSURER Is:Pinnacol Assurance INSURER C:Ar onaut Insurance Company INSURER D:Travelers Insurance INSURER E: INSURER F THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR TYPE OF INSURANCE D PO IC B POLICY EFF POLICYEXPJJJUL LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx-� OCCUR X 18256315 05101/10 06/01/11 PREMISES a occunence $ 300,0001 MED EXP (Any one person) _ S 25,00 X Professional PERSONAL& ADV INJURY S 2,000,00 X Pollution GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,00 POLICY FXJ PRO- LOG $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS CA1932252 06/01/10 05/01/11 COMBINED SINGLE LIMIT (Ea accident) S 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ X NON -OWNED AUTOS S X Pollution Liab a UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 8,000,00 AGGREGATE $ 8,000,00 A EXCESS LIAR CLAIMS -MADE 18259214 05/01/10 06l01l11 DEDUCTIBLE $ $ X RETENTION S 10,000 B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER ANY PROPRIETORIPARTNER/EXECUTIVE Y 1 N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) "yyees, describe under DE8 "PION OF OPERATIONS below NIA 3445583-CO ONLY 47718828242(TX,FL,GA,NV) 06/01/10 06/01/10 OW01/11 06101/11 X WC STATU- X OTH- EL. EACH ACCIDENT s 1,000,00 EL DISEASE - EA EMPLOYEE s 1,000,00 EL DISEASE - POLICY LIMIT S 1,000,00 A Hired Physical Dmg CA1932252 06/01/10 06/01/11 COrnp/COII 80, D Business Property 660-5909LB66 08/28/10 08/28/11 Contents` 111, DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Adlatlonar Remarks Schedule, I7 more space is required) Holder Is included as an additional insured per form attached on general liability as your Interest appears for work performed by the name insured.•10 day notice for nonpayment of premium. Workers compensation coverage includes alternate employer agreement. 0000000 ATC Associates, Inc fax(801)265-9945 4424 South 700 East, Ste 240 Salt Lake City, UT 84109 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION All rinhlc racaru= ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence November 10, 2010, and shall continue in full force and effect until November 9, 2011, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is 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. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed 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 address: STD SA WO rev03/10 2 City Service Provider City: Copy to: Service Provider: City of Fort Collins City of Fort Collins AET Environmental Attn: Purchasing Attn: Carol Webb Attn: Lori M. DeVito PO Box 580 PO Box 580 14 Lakeside Lane Fort Collins, CO 80522 Fort Collins, CO 80522 Denver, CO 80212 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, 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. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services, which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B", consisting of three (3) page[s], and incorporated herein by this reference. b. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the work order, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expenses STD SA WO rev03/10 3 and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 10. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 11. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extend that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 12. Personal Serviees. It is uhderstood 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. 13. 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 under the Agreement or of any cause of action arising out of the performance of this Agreement. 14. 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. STD SA WO rev03/10 4 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. C. 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. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the eventeither-partyshould fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (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. 17. 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 representative, successors and assigns of said parties. STD SA WO rev03/10 5 18. 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 "C", consisting of one (1) page[s], attached hereto and incorporated herein by this reference. The Service Provider before commencing services -hereunder, -shall-deliver to the' City's -.Director°of-Purchasing4 and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 19. 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. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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. 21. 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 STD SA WO rev03/10 6 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. 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. 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. STD SA WO rev03/10 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. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D — Scope of Services, consisting of two (2) page[s], attached hereto and incorporated herein by this reference. STD SA WO rev03/10 8 CITY OF FORT COLLINS, COLORADO a municipal corporation By. Ja es B. O eil II, PO Dire or Purchasing and Risk Management Date: AET Environmental By:�(p Loy-; N D 1`'d-u Print Name Title PV p h ,'j Corporate President or Vice President Date: / / - -1 - 20--/ o ATTEST I' (Corporate Seal) Corporate STD SA WO rev03/10