HomeMy WebLinkAbout468473 VEOLIA ES TECHNICAL SOLUTIONS LLC - CONTRACT - AGREEMENT MISC - VEOLIA ES TECHNICAL SOLUTIONS LLCSERVICES 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 services 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. General
Specifications 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 and shall continue in full force and effect until January 15, 2013, unless
sooner terminated as herein provided. In addition, at the option of the City, the Agreement maybe
extended for additional one year periods not to exceed three (3) 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 ninety (90) days prior to contract end.
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
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portable facilities at the City's expense. The City will also provide a trash dumpster or
roll -off container for trash disposal.
6) 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.
• 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 faraway 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 -
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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.
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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.
Bulkina/Comminalina 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 ortrue 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).
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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 forklift
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.
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Drums and pallets will be loaded based on compatibility onto Service Provider's vehicles via drum
dollies, palletjacks, and a lift gate attached to the truck. The transportation vehicle will be appropriately
placarded in compliance with applicable DOT regulations.
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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:
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
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Sulfide Screen
5. The procedure to perform the above listed tests is as follows:
a. Physical Identification/Observation of the Material
Service Providers 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
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(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.
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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.
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EXHIBIT C
COST SCHEDULE
DESCRIPTION
PROVIDE COST AS DEFINED
IN DESCRIPTION
Project Manager
$52.50/ hr.
Field Chemist
$42.00/hr.
Field Technician/Driver
$42.00/hr.
Driver
$42.00/hr.
Laborer
$42.00/hr.
Overtime Rate
1.5 times regular rate
Costs associated with Contractor supplied personal
protective equipment & safety gear Level "D" PPE
$10.00/ per person/ per day
Costs associated with Contractor supplied personal
protective equipment & safety gear Level "C" PPE
$35.00/per person/per day
Costs associated with Contractor supplied personal
protective equipment & safety gear Level "B" PPE
$55.50/per person/per day
Mobilization/Demobilization for any one -day event
$3.15/ per mile
Transportation Cost (60 miles from shop)
$27.00/ 55 gal drum
Transportation Cost (60 miles from shop)
$27.00/ 30 gal drum
Transportation Cost (60 miles from shop)
$15.00/ 10 gal drum
Transportation Cost (60 miles from shop)
$11.00/ 5 gal drum
Transportation Cost (60 miles from shop)
$105.00/ cubic yard box
Maximum Transportation Cost (60 miles from shop)
$395.00 max trans (2 hours
free loading)
Materials - Regulated and Non -Regulated cubic yard
boxes
$73.50/ reg cubic yd box
$73.50/ non-reg cubic yd box
Materials Pallets
$9.00/ pallet
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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
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 96`h Ave
Fort Collins, CO 80522
Specialist
Henderson, CO 80640
PO Box 580
Attn: Andy Jung, CHMM,
Fort Collins, CO 80522
Account Manager
andy.jung@veoliaes.com
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 "C", consisting
of four (4) 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
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Latex Paint- Recycle (loosepack)
$788.00/ cubic yard box
Latex Paint- Recycle (bulked free liquid)
$210.00/ 55 gallon drum
Paint Related Material (pourable)
$551.25/cubic yard box
Paint Related Material (non -pourable)
$0.90/ lb. ($612.00 min/cubic
yard box
Paint with PCB's
$724.50/ 55 gallon drum
Paint with PCB's
$657.00/ 30 gallon drum
High BTU Liquids (pumpable)
$79.00/ 55 gallon drum
High BTU Liquids (pumpable)
$71.00/ 30 gallon drum
Low BTU Liquids (pumpable)
$258.00/ 55 gallon drum
Low BTU Liquids (pumpable)
$231.00/ 30 gallon drum
Chlorinated Liquids, 1,000 ppm (pumpable)
$258.00/ 55 gallon drum
Chlorinated Liquids, 1,000 ppm (pumpable)
$231.00/ 30 gallon drum
Tars and Adhesives Containing Asbestos
$110.00/ 55 gallon drum
Tars and Adhesives Containing Asbestos
$147.00/ cubic yard box
Element and/or Mercury Debris
$1,250.00/ 55 gallon drum
Element and/or Mercury Debris
$910.00/ 30 gallon drum
Element and/or Mercury Debris
$535.00/ 5 gallon bucket
Element and/or Mercury Debris
$350.00/ 2 gallon bucket
Dioxins
$2.00/ lb. ($200.00 min/ 55
gallon drum)
Dioxins
$2.00/ lb. ($200.00 min/ 30
gallon drum)
Aerosol Cans
$1.25/ lb ($612.00 min/per
cubic yard box)
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Corrosive Acid
$0.90/ lb.
Minimum Charge
$165.00/ drum
Corrosive Bases
$0.90/ lb.
$165.00/ drum
Pesticides/Herbicides/Toxic
s
$0.90/ lb.
$165.00/ drum
Flammable Solids
$2.05/ lb.
$76.50/ drum
Oxidizers/Organic
Peroxides
$2.05/ lb.
$76.50/ drum
Reactive, Temp Control
Chemicals
$2.66/ lb.
$95.00/ drum
Liquid Ni-Cd Batteries
$0.94/ lb.
$76.50/ drum
Alkaline Batteries
$0.55/ lb.
$76.50/ drum
Lithium Batteries - Metal
$3.68/ lb.
$76.50/ drum
Lithium Batteries - Ion
$0.21/ lb.
$76.50/ drum
Mercury containing lamps
$0.16/ linear foot
($76.50 min)
$1.73/ HID bulb ($76.50 min)
List below cost of containers and packing materials
PIH Exempt Boxes
$17.00/ box
2 and 5 gallon fibers
$12.00/ drum
10 gallon fibers
$15.00/ drum
15 gallon fibers
$17.00/ drum
20 gallon fibers
$29.00/ drum
30 gallon fibers
$40.00/ drum
55 gallon fibers
$50.00/ drum
55 gallon metal, recon
$46.00/ drum
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55 gallon poly,new
$79.00/ drum
85 gallon metal
$152.00/ drum
Vermiculite
$29.00/ bag
Energy and Security Surcharge is currently at 15% and may fluctuate with changes in
energy, diesel and insurance costs.
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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.
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�'� I® CERTIFICATE OF LIABILITY INSURANCE
DATE/2012 YVYY)
02I1412012
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(tes) must be endorsed. 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).
PRODUCER
CONTACT
NAME:
MARSH USA INC
PHONE FAX
TWO LOGAN SQUARE
IJS, N¢.�V: A/C No :
E-MAIL
PHILADELPHIA, PA 19103-2797
Attn: Philadelphia.Certs@marsh.com; 212-948-0360
ADDRESS:
INSURERS AFFORDING COVERAGE
NAIC p
INSURER A: New Hampshire Insurance Company
23841
010056-ES-COPS-11-12 LOMBA
INSURED
INSURER B : Insurance Company Of The State Of PA
19429
Veolia ES Technical Solutions, LLC
INSURER C : Commerce And Industry Ins Cc
19410
700 East Butterfield Road, Suite 201
Lombard, IL 60148
INSURER D: National Union Fire Insurance Go
19445
INSURER E: Illinois Union Insurance Cc
27960
INSURER F: N/A
N/A
COVERAGES CERTIFICATE NUMBER: HOU-002149938-01 RFVISIt1N Nt1MRFR• 1
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.
INSR
LTR
rypE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
MM/DDNYYV
POLICY EXP
MM/DDNYVY
LIMITS
A
GENERAL LIABILITY
GL4572700
07/01/2011
07/01/2012
EACH OCCURRENCE
$ 5,000,000
X COMMERCIAL GENERAL DABIUN
CLAIMS -MADE M OCCUR
DAMAGE TO RENTED
PREMISES Ea occurrence
$ 1,000,09
MED EXP (Any one person)
$ 10,000
PERSONAL 8 ADV INJURY
$ 5,000,000
GENERAL AGGREGATE
$ 5,000,000
GENL AGGREGATE LIMIT APPLIES PER:
X POLICY F� PRO n LOC
PRODUCTS - COMP/OP AGO
$ 5,000,000
I$
B
AUTOMOBILE
LIABILITY
4576281 (AIDS)
07/0112011
07/01/2012
COMBINED SINGLE LIMIT
Ea accident
$ S,OOB,B00
B
X
ANY AUTO
4576283 (VA)
0710112011
07/01/2012
BODILY INJURY (Per person)
$
B
ALLOWNED SCHEDULED
AUTOS AUTOS
4576282(MA)
07/0112011
07101/2012
BODILY INJURY Per accident
( )
$
B
NON -OWNED
HIRED AUTOS AUTOS
934629 ( VA PPP$)
0710112011
07/01/2012
PROPERTY DAMAGE
Per accident
$
$
B
934628 (AIDS PPT'S)
07/01/2011
07101/2012
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
Is
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
DED RETENTION$
$
A
B
D
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE YIN
OFFICER/MEMBER EXCLUDED? N
(Mandatory In NH)
It yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
WC6517886 (All Other States)
WC1558356(FL)
WC6517888(CA)
WC 6517889 (MA, WI 8 Stop Gap)
07/01/2011
07/01/2011
07101/2011
07101/2011
0710112012 1
07/01/2012
07/01/2012
07/01/2012
X I WCSTATU- OTH-
Y LIMITS R
E.L. EACH ACCIDENT
1,000,000
$
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
1,000,000
$
E
Prof Liability/Claims-Made
COO G24542336001
07/01/2011
07/01/2013
Each Occurrence 1,000,000
Contractors' Poll Occurrence
SIR $100000
Aggregate 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
ity of Fort Collins is included as additional insured (except as respects all coverage afforded by workers' compensation and professional liability) where required by written contract but only for liability arising out of
e operations of the named insured. A waiver of subrogation is granted as required by written contract but only for liability arising out of the operations of the named insured.
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
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
of Marsh USA Inc.
Manashi Mukherjee
n 1988-2010 ACORn Cf1RPOPATION All rinhfe roenrvcrl
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
ACO OR
AGENCY CUSTOMER ID: 010056
LOC #: Houston
ADDITIONAL REMARKS SCHEDULE
Page 2 of 2
AGENCY
MARSH USA INC
NAMED INSURED
Veolia ES Technical Solutions, LLC
700 East Butterfield Road, Suite 201
Lombard, IL 60148
POLICY NUMBER
CARRIER
NAIC CODE
EFFECTIVE DATE:
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance
Automobile Liability
Policy Details
Insr Ltr. 8 (Insurance Company Of The State Of PA)
Policy Number. 934634 (MA PPT'S)
Eff. Dt. 0710112011 Exp. Dt. 07/01/2012
ACORD 101 (2008/011
2nnR nrnen rnRcnRnTlnM All �Inh�c .ewe .e l
The ACORD name and logo are registered marks of ACORD
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.
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. Warrantv.
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.
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.
Services Agreement
Page 3 of 23
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.
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)
Services Agreement
Page 4 of 23
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 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
Services Agreement
Page 5 of 23
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;
Mrs
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.
Services Agreement
Page 6 of 23
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.
Services Agreement
Page 7 of 23
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: C �v
James" B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date: Z I) S 4 l Z
Veolia )E—Te-chnical Solutions LC
By�11� A �(
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: C;__ !3 1 1
ATTEST: (Corporate Seal)
CORPORATE SECRETARY _
Services Agreement
Page 8 of 23
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:
Two annual collection events in Fort Collins, one in Summer, one in Fall. Time: 9:00
a.m.-3:00 p.m. (plus necessary setup & teardown)
Location: TBD
1) Service Provider is to provide all equipment necessary (except a roll -off container for
non -hazardous latex paint, which will be subcontracted to various subcontractors to be
named by the City) 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 and Federal law. The cost for
equipment is amortized in the material collection costs outlined in Exhibit C Cost
Schedule.
2) Service Provider is to provide all necessary qualified personnel to staff a collection
event, in order to facilitate an average vehicle unloading time averaging 1-2 minutes per
car. An average of 1000 vehicles is expected to participate in each event. Events of this
size normally require the Service Provider to provide a qualified staff of 13 - 20 persons
per event (subject to change for 2"d event; see #5 below).
3) 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 P11-18 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.
4) 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 the annual budget set and approved by City Council. 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 the City. 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.
5) 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
Services Agreement
Page 9 of 23