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Home My WebLink About304997 BELFOR 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 Belfor Environmental 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. 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. Changes 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 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND Belfor Environmental DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. User Acceptance City of Fort Collins By: Date: By: Director of Purchasing and Risk Management (over $60,000.00) Date: EXHIBIT B BID SCHEDULE PROPOSAL FORM BELF(Xg NT M ClTV of FT . COLLINSFMkRC'ENC-Y.itESkON8F, RATE SCHEDULE 2010 Straight ght Over PERSONNEL Time iiiiii, SUPPORT FOUIP"ENT TE .UNIT.NOTE' RATE Sr. Trojcc! Managcr 98.OD 98.00 Aii.Corfiofessoi, 185.cffri '18.5.99 Day Piiijccl Mafiagcr 8566 85,:00, Alf compressor. Eleatic ;i . i o.06 bay Environmental Scientis/Chcmisl 61.60 61.00 . gelis' k'VvivcMC30760T-407 600.00 Day; & Health , Safety Supervisor6.5.00 65 .00 i66.40`Day Admih islriitivc,Assisi , ant 40.00 40.00 Containinefii Boom 2.00 Foot/Day Project Supervisor Pro 6il.k 88.00 Drill Kit it MC 3 , 06/MC40 6 4woo - Day- Equipment Operator F 60'00 78: na00 Generator, Pob I c.5k%, 150.00 Da Truck Driver,.CDL Haunt 55.00- 7.0.00 Jon Boat; 14 Ft. w/1 5 Hp Outboard 250.00 'Day Friviionmental Tichiliciiii.11 52M 69.09 Air 6i Nigative Ma lite . 1 1,66:60, Day. EnV'I't'Dntnen'ta']'I-c*cfinicia'n 1 46.06 59.00 0 ifairruncr 1 600.00 00 Picsiurc Washei.':Porta'ble . 190:60 bay, - i - 1, Pr is'sure' - Wm1her Trail'i , i 32 5.0 , 0 Day: Purnp, japh Diaphragm; -1 D' 22500 ay 6 Pump, Dia,phlagm,.2"' 3.25,00 Day- 6. VEMICLES RATE ITNIT NOTE Pump ,.Diaphragm, Y' 4 1 5 . 0.00 -Day Pump' Floto pj o o 2" with hose 2 75;00 .6 Truck, Crew 110,60 bay 1;4 Pump, ViW . w , ith h6k V! J.75 00. Day -6 Truck, Utility 120.D0 Day Pump, Trash.with hose, 3" 225.00 Day 6 Truck; Slakebed 130:00 'Day f SCBA_ 3D,Miriule�. P4 Truck Box 4_6;00 :bay ,I,4 A SCBA , Minute 1.490 y I 00.0 - 0 .Day T,uck,' 5 Tdriflallied 150.00- -Day A.4 Solverit'FoirnExtiacti6n System 140: Tiuck. Em-crgencyRe-spo'n's'e. 300 00 7Dqy, 2 Transfer. Hose per 20 foot 60,00 .Day Trailer, Emergency ke'sponse,,..,Chemical 350.00 'Day. 2 Tripod'' Retrieval Block,' Harness 125.00 D' Trailer, EmergencyRcsponse,:Oil 300.00 :Day 2 Vacubm, HEPA 100.00 Day -325:00 Day. 2 Va64um,:Mcrwry bai Trailer, Hurricane 1,66.-66 •H'uur s Ventilator, Cop. s 0 .0 Day V9 lilatori,lik'aric .Y 10000 Do' RAI V .UNIT NOTE Sicavht6i 12 OOON I S'Dig Dirt!h 400.00 '.Day ' 4 ix tor, �4,066, I g"bi Val. 8 Depth :70 . 0. 00 . pay 4 Ex6avatoi . 44,606h.2 ]"big Dillib 775.6 DPY 4 ANSTRUMENTS. "Ti :UNIT. NOTE, Forklift; 50004 '300:00 :Day 4 Front tii-, L6adcr._Ii75iq-Y.Rucket 655 .0 0 :Dav` 4 D ac*1:P-bmP 50 00, Day. Fronl'End Loadei3.25 CY Bil6k,c"t 750-!00 I 4 1)46eijub.is kilblici Tim Backhoc :5,00.00 "D Hy 4 Haz Cal . Ki , 1 100 1 0 1 0 . Dav Skid Loader. 350 601 bay 4 'Jer6me-MeicuFy-Vap6r.A*tplyz6r 400.00 Day Street Sweeper for,Skid Loader200 0 Dav 4 :Mano`me'tcr'i�1lcwrder 50.00 Day Truck ., Guider At , r Mover 176,00 Hour 5 Mint TRacP . I ( ID 2W66 Day 6500 flour 5 -MSA Passiiori(oi. LtL, CO n2s), 200.00 Day Heavy .,'E Uipment k666=06 {?cal Plbs A 5% Pump, Personal A.k.S,ample 5000 Day BELF00 -ENVIRONMENTAL CITY of FT COLLINS EMERGENCYRESPONSE RATE SCHEDULE 2010 SIIPPLIFS/MATERIALS RATE . UNIT NOTE PERSONAL PROTECTION RATE UNIT. NOTF. Acid Suit 200:00 Each Level A PPE 325.00 Change 3 Bag, Bulk lined 370701 60.00 Each Levcl B PPE 176.00 Change 3 Banner Guard 2500 Roll Level C PPE 70.00, Change 3 Boot Covers, Latex 10.00 Pair Bunker Gear, NFPA 400.00 Day 3 Bools, Chemical PVC 40:00 Pair Breathing Air, Type K Bottle 70'00 Each Capsur. Solvent Foam Product 70.00 .Gallon Cartridge; Mercury 35:00 Each Cartridge; MSA Combination 20,00. Each Citric Acid (SO ✓) 100.60 Bag Drum Liners 3.00 Each NOTES Drum Thieves 5.W Each ILicensed and Permitted Hazardous Waste Transporter. - Drum, Poly Closed.Top 30 Gallon 64;06 Each EPA ID Number COR000217661 Drum; Poly Closed Top, I S Gallon 60.00 'Each 2 Emergency Response Trailer'Raie includes all general Drum, Poly Closed Top, 55 Gallon 80.00 Each support equipment housed by trailer. ' PPE, additional Drum, Poly DOT 5 Gallon, 2000 : Each equipment. and aIli expendable materials will be billed per. Drum, Poly Open Top 30 Gallon 70.00 Each the indMdual rates. Ilium, Poly Open Top. 15 Gallon 60.00 Each 3, PPE.rate includes all supplies and equipment each change Drum, Poly Open Top, 55 Gallon 90.00 Each of PPE per man. Level A rate does riot include expending Drum, Poly Overpack; 95 Gallon 260.00 .Each the suit. Special or extensive usage.of items or .expending Drum, Steel Closed Top IS Gallon 50.00- Each of Level A suit will be billed per individual rates: Drum; Steel Closed Top, 30 Gallon 60.00 Each 4 Truck and Heavy Equipment Rates'are for up to 8 hours Drum, Steel Closed Top, -55 Gallon 75.00 . Each usage per day' and do not include oPeretoror, fuel. Drum, Steel Open Top 15 Gallon 50.00 Each 5 Does Not include Operator or Fuel. Damaged hose will be. Drum, Steel Open Top, 30 Gallon 62.00 Each charged it cost plus I S% Drum; Steel Open Top; 55 Gallon $0.00 Each 6 Pumps includ'e'one section ofsuction aitd_diicharge.fiose: Drurn, Steel Overpack,A 10.Gallon 400 06 Each . Additional: hose will be`charged per rated"item. Most Drum, Sigel Salvage,85,;Gallon '225.00, Each transfer operations will require pump rebuildwhich:whi be Floor Dry (4(M) 15.00 . Bag charged at cost plus 15%. Damaged hose will be charged Gloves, Butyl or Chemical 30`00 Pair at cost plus 15%. Gloves, ,Cotton 2.00 Pair Gloves. Cowhide 5:00 `Pair. •;A1Csube6nfractors:;additi6nal,e4oipment matcrials savices: Gloves,iatex 2.00 Pair subsistence, lodging and other non -rated items will lre'billed Gloves: Nitrile. 2.00. Pair at cost plus I5%: Gloves, ,P:VC 10.00 'Pau: • ,Charges are portal to.poital: HEPAFilters; Negal vgAir;:Unit 325;00 : Eacli •, Straight timc,applies from 0800"Hm to.1600 Hrs Monday. Lime (400) 50:00 ,Bag through Friday Rags::'Sorbent 3.00 Pound r/ Overtime applies,before'.0800'Hrs"and'after '1700:Hrs Soda Ash 50.00 ,Bag" Moeday through'Friday, weekends; and holidays Sodiiin- Metabisulfite f500 Pound •- Terms Net 30'days, i% interest per month on unpad`balance: Sodium Thiosulfate 15:00 Yound_ Sorbent Boom, 8"x10' 80.00 Each SorbentPad, 11x19"x100 175.00.:Bale Suit, Level A 2,600.00 Each Suit,. Poly Coated Tyvek 20;00 Each Suit ;.Sarancx 3.5.00 Each Suit,.Tyvek 17.06 Eit: Tape, Chernii;al 20 00 Roll Tape, Duel 8:00 Roll Vermiculite 25.00 Bag Visquccn,20xl00' 100A0 'Roll. BEVO EN -VIRONMENTAL CITY of FT COLLINS SCHEDULE SERVICES RATESCHEDULE 2010 Straight Over PERSONNEL Time Time SUPPORT EQUIPMENT RATIE, UNIT NOTE Sr: Project Manager 913,6Q .93.00. Air Compressor, 185 cfm 185.00 Day Project Manager 81.00 81.00 Air C :Day .Environmen'fal S6e'niist/Chemist 38.010 58.00 Bilts ER Valve, MC 3071DOT.407 .'60000 Day. :Health k'Safiety Supeivkor 62:00 62.66 1 Cascade,Breathing Air System. I . -209.00 'Day I Administrative Assistant :38 qQ 3 9,00 Can tainment. Bitom .2.00 .Foot/Day, Project Supervisor '65;00 84.00 Dfill Kit MC 306/MC406 400:00 -Day .'Eqqipment Operator 57.00 -74.00 Generator. Portable 5", 150.00 Day Truck Driver, CDl., Hannai '52:00. 67.00 Jon Boat, 14 FI: w/1 5 Hp Outboard.250 00 Day -Environmental Technician11 41%00 65:00 iqigativc Air Machine 100.00 bay, .Environmental Technician 1 .44;00 56,00 Oil Skimmer 606.00 =Day Pressure Washer, Portable 190.00 D ay Pressure Washer, Trailer 3125.00.-Day- Pump; Diaphragm. I 2M.00- Diy Pump. Dia0hragm, 2" 32540 Day VEHICLES, RATE UNIT NOTE Pump, Diaphragm, 3 450.00 . , Day Pump, Fl.oto'12"with hose, 275.60'.Day Truck-, Crew 110.00 Daiy 1.4 Pump, Trash'wilh'hose, 2." 175.66 bay - Truck. Utility -.120.00 bay 1, , 4 Pump; Trash with, hose,31 225.00 Day Truck; Stakebed 30. 00 - Day 1j4 SCBAI 30 Minute . 125.00 paytruck. Box 140.00 .Day 1,4- SCBA.'5 Minute note 10 0.60 'Di By Truck, lTon Flalbed' .150.00, :Day 1"A SoNtrif Foarn EktactiwSI ystpm 40*.00:;Ti y Truck. Response -360.00 -Da Y T I ransfir Hose, per foot 6.0.00'..Day Emergenc csp6hst,-.Chemi&a1 Emergency Trailer;125 �3k.bO Day "2 Tripod, Retrieval Block; I .66� bs . y Trailer. Emergency kisponse,"bil' . - . 300*00 Day , Vacuum, HEPA HE bs Y Transfer Trailer, Trans fer 325.0U Day 2 . Vacuum, -Mercury 250.00 ,Day_ Ventilator, 60p,us SS.00i Day. Ventilator,, Electric '100.00 Day HEAVY iQU1Prd04Y, it UNIT 'Noirk Excavatof,12,000ft 15'Dig'Deptli Day, �4 27;0000; _18! Dig Depth .37511,010 675.00 Day 'At 7ay 75.6V:D .4 Porkilfl, 5000# 273;0 . 0 Wy 4, Fronf End Loader 5CY.1Bucket 635,00 Day :4 Front End:Load&:125 CYBuckei �725'00: Ds . y - A Rubber Tire .Baik hoic. _j�o , .0 . 475:0Day '_ A Skid aacr .. 325.0 0 Day 4 StrecfSiAveper for Skid Loader 200-00, Day A Tiuck. Guzzler' Air. Mover 6 , 5: , 0b, lionr 15, Truck, Vacuum 66.00. Ho'ui 5 Vacuum, HEPkLoadcr, Hurricane 500 .55:00 Hour .5 em Heavy'Eiquipme t M66/Dob P . P .... . s l t CbsPlus 15% .. . I . - INSTRUMENTS RATE -UNIT .-Discier 6rnp 'brae-ger 'Tubes �bob , bay- . 50 .0 -Eicfi H azCat kit .160:60 -Day, )erome.Mefcury Vapor -Analyzer 400.00 Day: Manometer wlrecoidir 50.00 Div .MinirRae (PID) 2 D0,0 1 0. Day MS -A Passport (02S LELi CO, !12S). 'Pump, 200-00,Day, Pasonal.Aii Sifmo)c Wqq D ay, 13ELFOf $. EN•AkONMENTAL - CITV of FT C61,LINS SCHEDULE SERVICES RATE SCHEDULE 2010 SUPPL1ESIMATERIALS RATE UNIT NOTE PERSONAL PROTECTION RATE UNIT ]VOTE Acid Suit 200.00 Each Bag, Bulk lined 37x37x31 60.00 .Each •Banner Guard 25.00 Roll Boot Covers, Latex 10.00 Pair Boots, Chemical PVC 40.00 Pair Breathing Air, Type K,Bottic 70.00 .Each Cgpsur, Solvent Foarn Product 70.00 Gallon Cartridge, Mercury 35:00 Each Cartridge, MSA Combination 20:00 Each Citric Acid 00.4) IKOO Hag Drum'Liners 3.00 Each Drum Thieves 5.00 Each Drum, Poly Closed' -Top 30 Gallon 64.00 Each Drum, Poly Closed Top,15 Gallon 60:00 Each Drum, Poly'Clo`sed Top, 55 Gallon 8000 Each Drum, Poly DOT 5 Gallon 20:00 Each Drum, Poly. Open Top 30 Gallon 70.00 Each Drum;`Poly Open Top; li Gallon 60.00 Each Drum, Poly OP6 Top, 55 Gallon 90.00 Each Drum,, Poly Overpack, 95 Gallon 260.00 Each Drum, Steel Closed Top 15 Gallon '50.00 Each Drum; Steel Closed Top, 30 Gallon 60:00 Each Drurn, steel 'Closed Top, ss Gallon 75.00 Each Drum, Steel Open Top 15 Gallon 50.00 Each Drum, Steel Open:Top;'30 Gallun 62,60 Each Drum; SteehOpeo Top 55_Gallon 80.00 Each Drum, Steel therpack, I lO;Gallon 600A0 Each Drum;;Steel Salvagc, 85:Gallon 225.06 Each Floor Dry (400 15.00 Bag Gloves, Butyl or Chemical, :50:00 Pair Gloves, Cotton 2.00 Pau Gloves;,eowliidc 5:00 Pair Gloves; Lalex .2.00 Pair Gloves, Nilrile 2.00 Pair (iloves; PVC 10.00 Pair HEPA'Filters. Negative Air'Unit 325100 Each Limc 1409) 50.00 Bag Rags, So►6erit 3.00 Pound Soda'Ash 50.00 Bag Sodmm Mel- abrsulfrte I5:00 Pound: Sodium Thiosulfate 15:00 Pound Sorbeni Boom; 8" r10" 8DM Eucli SorbentPad, 17'.k191,lx100 175'00 Bale Suit; Level A 2,000.00 Each Suiljoly Coated::T.yvek 20.00 Each. Suite Saraneii -35:00 Each Suit, Tyvek 17.00 Each: Tape, Chemical '20.00 R611 Tapc,'Daet 8:00 Roll Vermiculite 25.00 Bag Visqueen;.20kt00' 100.00 Roll Level A PPE 325:06 Change 3 Level B PPE 170.00 Change 3 Level C PPE 70.00 Change 3 Bunker Gear, NFPA 400:00 Day 3 :NOTES I .Licensed and Permitted Hamrdous Waste Transporter EPA ID,Numbcr COR000217661 2 Emergency Response Trailer Rate includes Ili general. support equipment housed by trailer. PPF..; additional equipment, and all expendable materials will be.billed per the individual rates. I PPE rate includes all supplies and equipment each change of PPE per man: Level:A isle does not include expending the suit. Special or extensive usage'of items or expending of Level A suit will be billed per individual rates. 4 Truck and Heavy.Egwpirienl'Rates.are.for.up;fo B hours usaBe per day and:do not include operater.or.fuel. 5 Does Not Include' Operator: or Fuel. Damaged hose will tic' charged'st cost plus 15% .P 6 umps include ono section of suction%and discharge hose. Addilionarbose;will be charged per rated item ,'Most: transfer operations will require pump rebuild which:will'be charged el;cost plus I5% Damaged hosc`;..wdl be charged at cost plus 15%. • Allsubcontractors. additional equipment, materials, services, subsistence, lodging.end other rion rattw items will be billed of 60st'plus:I5%. Charges are portal'to portal. • Straight time. applies.from 0800;Hrs to 1700.His.Monday thTaugh Friday Overtime applies,beforc-0800 Hrs acid after1600.His Monday'through4riday, weekends, antl_holidays • Terms Net 30 days 2* interest per'monthon unpaid balance. 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, ground water 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 special wastes. 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. 2 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/01/2010 PRODUCER Aon Risk Services Central, Inc. Southfield MI office 3000 Town Center THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE .suite 3000 COVERAGE AFFORDED BY THE POLICIES BELOW. Southfield Mi 48075 USA INSURERS AFFORDING COVERAGE NAIC # PHONE• 866 283-7122 FAX- 847 .953-5390 INSURED Belfor Environmental, Inc. 5075 Kalamath Street Denver Co 80221 USA INSURER A: Pinnacol Assurance Company 41190 INSURERB: Philadelphia indemnity Ins Co 18058 INSURER C: insurance Company of the State of PA 19429 INSURERD: National union Fire Ins Co of Pittsburgh 119445 INSURERE: Chartis Specialty Insurance Company 126883 TIM 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. LIMITS SHOWN ARE AS REQUESTED INSR LTR DD' INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE AT MMJDD POLICY EXPIRATION DATEjMM/DD/YY LIMITS D90ERALLIABHdTY GL4376513 04/01/2010 04/01/2011 EACH OCCURRENCE S1,000,000 DAMAGE TO RENTED PREMISES (Ea c S1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR EXP(n oDD n) 10,0 0 PERSONAL &ADV INJURY 51;000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS •COMP/OP AGG 52,000,000 ❑ POLICY X❑ PRO- a LOC - JECT C AUTOMOBILE LIABILITY CA8263538 04/01/2010 04/01/2011 COMBINED SINGLE LIMIT X ANY AUTO (Ea accidmt) S1,000,000 BODILY INJURY X ALL OWNED AUTOS SCHEDULED AUTOS (Pa person) BODILY INJURY X HIRED AUTOS NON OWNED AUTOS (Per accident) PROPERTY DAMAGE X Comp Ded $1,000 X (Per accidmi) Coll Ded $1.000 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC ANY AUTO HAUTO ONLY: _ AGG C EXCESS/UMBRELLA LIABILITY 9613260 04/01/2010 0470712M EACH OCCURRENCE 15,000,006 ElOCCUR ❑ CLAIMS MADE AGGREGATE $5,000,000 ' ®DEDUCTIBLE RETENT101! - S10.0o0 D wcOO7186255 04/01/201X WC sTATU- OTH- A WORKERS COMPENSATION AND EM PLOVERS' LIABILITY - N ADSER 4051232 12/Ol/2009 12/Ol/2010 E.L. EACH ACCIDENT S1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/M EMBER EXCLUDED? (Mandatory In NH) Ifyea, descrbe undo SPECIAL PROVISIONS below CO E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT S1,000,00 0 E CP016851546 04/01/201004/01/2011Aggregate S15,000,000 OTHER Per occurrence $15,000,000 ' Pollutn/Env Imp Deductible S100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Fort Collins ER Contract The City of Fort Collins is included as Additional Insured with respects to General liability. waiver of Subrogation applies as required by contract. CERTIFICATE HOLDER CANCELLATION City of Fort Collins SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Attn. James O'Neil II, CPPO,CPPB DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 215 North Md50n, 2nd Floor 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.D. BOX Sma BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE (INSURER, ITS AGENTS OR REPRESENTATIVES. Fort Collins CO 80522 USA AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) 01988-2009 ACORD CORPORATION. All rights reserve 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 Belfor Environmental Attn: Purchasing Attn: Carol Webb Attn: Dave Rowland PO Box 580 PO Box 580 5075 Kalamath Street Fort Collins, CO 80522 Fort Collins, CO 80522 Denver, CO 80221 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 four (4) 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. Liguidated 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 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. 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 event either party should 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 Purchasing 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. 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. 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: v_ _.�*, Ja es B. O'Neill II, CPPO Direc r Purchasing and Risk Management Date: / I It I It Belfor Environmental in Print Name Title it L Corporate Pre ident or Vice President Date: z //o ATTEST (Corporate Seal) Corpo ate Secretary STD SA WO rev03/10 9