Loading...
HomeMy WebLinkAbout468473 VEOLIA ES TECHNICAL SOLUTIONS LLC - CONTRACT - AGREEMENT MISC - VEOLIA ES TECHNICAL SOLUTIONS LLC (2)Services Agreement MISC – HHW Event Hosting - Veolia Page 1 of 19 SERVICES 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 for Household Hazardous Waste Event Hosting in accordance with the scope of services attached hereto as Exhibit "A", consisting of eight (8) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence April 1, 2016, and shall continue in full force and effect until March 31, 2017, 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. 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: Service Provider: City: Copy to: Veolia ES Technical Solutions, LLC Attn: Mitch Garrity 9131 E 96th Ave Henderson, CO 80640 Mitchell.Garrity@veoliaes.com City of Fort Collins Attn: Errin Henggeler PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 2 of 19 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. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, as per the attached Exhibit "B", consisting of two (2) pages, and incorporated herein by this reference. 6. 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. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 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. DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 3 of 19 11. Warranty. a. 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 Contractor shall have no obligation to handle such abandoned materials unless and until specifically agreed upon between Contractor and the Customer in a written change order detailing the services to be performed and the associated costs. Contractor shall have no obligation or responsibility with respect to materials which are not tendered and accepted in accordance with this Agreement or any Confirmation Document. b. COMPANY WARRANTIES. Company represents and warrants to Customer that: (a) Company 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 Customer and Company hereunder; (b) all Company 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) Company will perform Work for Customer in a safe and workmanlike manner, and in compliance with all statutes, ordinances, laws, orders, rules and regulations applicable to the Work. c. CUSTOMER WARRANTIES. Customer represents and warrants to Company that: a) Customer has all necessary authority to enter into this Agreement with respect to the such waste materials; (b) Customer is under no legal restraint which prohibits the transfer of possession of such waste materials to Company; and (c) Customer shall comply with all applicable statutes, ordinances, laws, orders, rules and regulations, and shall provide Company a safe work environment for any Work performed on premises owned or controlled by Customer. 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 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. 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. DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 4 of 19 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 “C”, consisting of two (2) pages, 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 knowingly employs or contracts with an illegal alien to perform work under this DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 5 of 19 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. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 6 of 19 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney VEOLIA ES TECHNICAL SOLUTIONS LLC By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F General Manager Tom Anckner 4/5/2016 4/5/2016 Services Agreement MISC – HHW Event Hosting - Veolia Page 7 of 19 EXHIBIT A SCOPE OF WORK A. General Specifications: It is the intention of this Services Agreement that the Service Provider will provide the turn- key operation of Collection Events for Household Hazardous Waste for the City of Fort Collins, including the following: 1) Event #1: May 14, 2016 (no backup date). Location: TBD, Fort Collins, Colorado. Time: 9:00 a.m.-3:00 p.m. (plus necessary setup & teardown) Event #2: September 10, 2016, (backup date). Location: City of Fort Collins new Community Recycling Center (Timberline and Prospect), Fort Collins, CO. Time: 9:00 a.m.-3:00 p.m. (plus necessary setup & teardown) Event #1 and Event #2, and any events held during subsequent years of this Services Agreement, are individually referred to as an “event” and collectively referred to as the “events”. 2) Service Provider is to provide all equipment necessary to stage a turn-key event for Fort Collins residents to drop off household hazardous waste for proper containment, transportation, and disposal in the appropriate regulated facilities as required by Colorado law. The cost for equipment is amortized in the material collection costs outlined in Exhibit C Cost Schedule. Service Provider also agrees to subcontract and/or otherwise cooperate with PaintCare Inc., a Delaware corporation, or any other stewardship organization, to carry out the provisions of the Colorado Architectural Paint Stewardship Act (C.R.S. §§25-17-401 through 410) with respect to architectural paint products collected at the events. The City shall be entitled to any overall cost savings or credits that may result from the post-collection paint management activities for the events provided by the PaintCare program that would otherwise require funding from the City. 3) Service Provider is to provide all necessary qualified personnel to staff a collection event of the size and scope described herein, in order to facilitate an average vehicle unloading time averaging 1-2 minutes per car. It is anticipated that based on the overall budget for this project that the volume of cars that can be expected for each event is approximately 416 cars (based on an anticipated average volume per car of $60 worth of required services). Events of this size normally require the Service Provider to provide a qualified staff of 13 persons per event (subject to change for 2nd event; see #5 below). However; it should be noted that the City’s intention is not to turn anyone away. 4) Service Provider will provide collection, transportation, and disposal of Household Hazardous Waste materials at the cost delineated herein (see Exhibit C Cost Schedule); which Service Provider warrants are the same rates provided to Larimer County as a result of its competitively-bid Request for Proposal P15-32 Hazardous Waste Disposal Services. City of Fort Collins is hereby exercising its 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. DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 8 of 19 5) It is the intent of the City of Fort Collins to hold two (2) Household Hazardous Waste (HHW) collection events each calendar year for the duration of this Services Agreement. After the first event on May 14, 2016, the City reserves the right to adjust the size, scope, and duration of the each subsequent event based on the overall cost and success of the prior event; so that the two events combined in each calendar year stay within the stated overall annual project budget for each calendar year. The City of Fort Collins cannot guarantee any minimum amount of collection volume for either of the events; as that is determined by the rate of participation by the residential citizens of Fort Collins. The City does intend to promote and publicize these events to the level necessary for them to be successful. 6) City of Fort Collins will provide restroom facilities and hand wash stations either by providing access to adjacent City facilities during the HHW events, or by providing portable facilities at the City’s expense. The City will also provide a trash dumpster or roll-off container for trash disposal. 7) City of Fort Collins will provide traffic control and traffic “lanes” via cones or other means. The City will also provide staff personnel to greet the residents, collect proof of residency (if required), and to represent the City for any decisions that may be necessary (for example, turning away “truckload” customers, or chemicals that cannot be accepted). B. Operational Event Details: Waste Collection A specific site set-up plan for each one day event will be finalized upon award of this contract during a pre-project discussion meeting. This plan will be based on the following: • Weather Conditions • Anticipated Participation • Community and Volunteer Participation • Site Conditions (i.e., ground surface and public access routes) Prior to each event, Service Provider will ensure that ground contamination is avoided by placing appropriate plastic underneath all areas where waste will be managed freely. Set Up Service Provider will arrive at each designated project site either the evening before or the morning of the scheduled day of collection approximately two hours prior to the start time of collection and implement the following:  Place appropriate plastic underneath all areas where waste will be managed freely (i.e., hot zone/segregation, packaging, and bulking areas).  Ensure that all operations (bulking, segregation, classification, packaging, etc.) will take place within the segregation/hot zone area by marking these areas with warning tape/barriers.  Control access to the receiving areas by requiring all participants to remain in their vehicles at all times. DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 9 of 19  Ensure that the packaging area will contain all materials and equipment necessary to carry out the specified operation, i.e., absorbent, drums, tools, tables, safety equipment, etc. Unloading Service Provider proposes that the City encourage the sponsors and volunteers for each event to utilize cones or other markers to direct traffic through the completed drop off routes as agreed to by both parties during the pre-project meetings. Strategic placement of signs, cones, barricades, etc. will assist the participants in staying as far away as possible from the "hot zone" and working areas. In the event of an overflow of traffic causing congestion onto a street entering or exiting a collection site, a pre-assigned representative may implement any traffic contingencies previously agreed upon at the pre-project meetings. Prior to unloading, Service Provider personnel will scan the material for acceptance. Once it is deemed acceptable, the material (container) will be removed from the participants' vehicle. ALL HAZARDOUS materials shall ONLY be 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 Service Provider employees (those handling chemicals and containers) will remove all appropriate personal protective equipment (PPE) for disposal and/or reuse later in the day. All Service Provider 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 DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 10 of 19 inventory sheets will be completed (if applicable). Service Provider will 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. Waste Packaging Once all segregation and testing have been completed, packaging by Service Provider’s Environmental Specialists and Technicians will take place under the direction of the Service Provider’s Technical Coordinator. These people will wear (as a minimum) the following protective items:  Safety glasses,  Steel-toed shoes,  Latex or N-dex gloves,  Company Uniform, Paper tyvek suits, and  Other protective clothing as specified in the health and safety plan. As noted earlier, appropriate size of the container will be determined based on the total volume of waste to be packaged, but it is Service Provider’s intent to package most of the waste into cubic yard boxes rather than 55-gallon drums. All packaging will be completed in accordance with TSDF guidelines, DOT regulations, and most importantly in accordance with the compatibility of each hazard class. Bulking/Commingling Procedures Service Provider realizes that cost is of the utmost importance to the City and will work with the City in determining which items or chemicals are suitable, and cost effective for bulking/co-mingling into fifty-five (55) gallon sized drums. At a minimum, Service Provider will bulk all “good” flammable liquids. As for the paint, Service Provider shall package all paint according to Paint Care standards for shipment. 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 and its Project Manager, with the assistance of its 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), DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 11 of 19  Neoprene, ANSI boots,  Latex gloves and nitrile/neoprene overgloves, and  Hard hat and splash shield (if required). 3) Service Provider field crews will set up specialized equipment, tools, and supplies to include: A) Non-Sparking Bung Wrench B) Plastic Sheeting (Visqueen) C) Funnels D) Absorbent (Floordry) E) Drums or Containers F) Bonding and Grounding Cables G) Miscellaneous Tools (screw drivers, paint can scrapers, etc.) G) Emergency Equipment (eyewash, fire extinguisher, first aid kit, air horn) 4) Service Provider Project Manager will Inspect the area where bulking will take place to: A) Determine wind direction and weather conditions B) Locate operational area - preferably outdoors C) Determine drainage patterns D) Unload equipment E) Secure work area with barrier tape 5) Service Provider field crews will refer to site specific contingency information. 6) Service Provider’s Project Manager will insure chemical compatibility through reference materials. 7) Service Provider’s Project Manager will bond and ground the drum in which the waste will be bulked into. 8) Service Provider field crews will begin bulking compatible materials and follow these procedures: A) Clean up all spills immediately. B) Close containers as soon as possible or when "standby" is occurring. C) Do not overfill drums, check by carefully removing funnels and inspecting the level visually, with a drum thief or other method. Note that at least four (4) inches will remain between the top of the waste and the top of the drum to allow for expansion of the contents that may occur with temperature changes. This is referred to as the outage. D) Seal the drum. E) Dispose of the empty containers as per generator’s instructions or into an empty roll-off container located at the project site for trash. 9) Prepare the drum for transportation by properly marking and labeling the container, and completing the appropriate paperwork. 10) Cleanup the work area. Drum Staging or Loading Area An area will be designated for packaged, closed, and labeled drums/cubic yard boxes to be staged prior to loading these onto the truck for transportation. Drums will be moved via a DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 12 of 19 drum dolly or fork lift and will be checked to ensure all labels and appropriate markings are on each container. Cubic yard boxes will be moved on pallets supplied by Service Provider via a forklift (if available) or a pallet jack supplied by Service Provider. Drums and pallets will be loaded based on compatibility onto Service Provider’s vehicles via drum dollies, pallet jacks, and a lift gate attached to the truck. The transportation vehicle will be appropriately placarded by Service Provider in compliance with applicable DOT regulations. Paperwork Service Provider will execute all paperwork necessary to comply with all applicable regulations and ensure acceptance of packaged waste at our disposal facilities. A drum inventory/packing list will be used to record each drum's contents and volume while packing (if necessary). Household hazardous wastes are exempt from requiring the actual name of each product/material for all “generic” wastes. All acids or reactives will actually be inventoried as these wastes will require destructive incineration and do not fall under a “generic” profile. All containers generated on-site will be manifested to Service Provider’s LOCAL Henderson, Colorado facility for ultimate management and disposal; therefore reducing the liability of over-the-road travel associated with hauling hazardous waste. This tracking document (i.e., manifest) will ensure complete "cradle-to-grave" tracking. Site Clean-up Site clean-up will include bringing in all signs, cones, and barricades; picking up plastic and any loose materials such as paper or trash; and removal of all equipment (roll-offs, port-o- lets) and excess supplies. The site will be cleaned up to pre-event conditions or better. A. Identification of Unknown Wastes The following is a description of Service Provider’s Standard Operating Procedure that is used to identify unknowns: 1. Service Provider personnel will segregate all unknowns for removal to the identification/testing area at the collection site. Waste containers will be classified as “unknowns” whenever there is reasonable doubt as to the contents of the waste. Doubt may be due to illegible or hand written labels, missing, or apparently incorrect labels, or in the case of trade name chemicals, hazardous constituents or ingredients fail to appear on the label. Service Provider will first make every attempt to identify the waste without opening the container. This will involve questioning the participant who dropped off the waste if possible. 2. If the waste cannot be identified using the procedure described above, the “unknown” will 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. DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 13 of 19 4. The following tests will be used to determine the hazard class of unknown wastes: a. Identification/Observation of the Material b. Flash Point c. pH d. Water Reactivity & Solubility e. Oxidizer Screen f. Organic Peroxide Screen g. Cyanide Screen h. Sulfide Screen 5. The procedure to perform the above listed tests is as follows: a. Physical Identification/Observation of the Material Service Provider’s Project Manager will note whether the material is a liquid, solid, gaseous, semi-solid, or multiple phase waste, and note any unusual observations in color (which might indicate the presence of metals). The containers, at this point, will be 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 DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 14 of 19 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. f. Organic Peroxide Screen A 20-ml/20 gram sample will be placed in a plastic/aluminum sample pan. If the sample is a solid, to it will be added 5 ml of water. An Organic Peroxide test strip will be dipped in the waste and any color change observed. If the strip changes to blue, blue/green, or darkish purple, the waste will be classified as Organic Peroxide. g. Cyanide Screen All unknown wastes with a pH equal to or greater than 8 will be screened for cyanides. Three solutions will be prepared: (1) 10% Sodium Hydroxide Solution (2) 10% Ferrous Sulfate Solution (3) 5% Ferric Chloride Solution A 20-ml/20 gram sample will be placed in a plastic sample pan. The following will be added to it: 10 mls of water, 10 mls of sodium hydroxide solution, 10 mls of ferrous sulfate solution, and 10 mls 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 City for its 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. DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 15 of 19 EXHIBIT B COMPENSATION DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 16 of 19 DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 17 of 19 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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: 1. 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 $1,000,000 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. C. Pollution Legal Liability. Pollution Legal Liability insurance with minimum limits of $1,000,000 per occurrence shall be furnished by Service Provider from insurers acceptable to the City and in a form acceptable to the City’s Safety, Security, & Risk Management Department, and shall provide coverage for death, bodily injury, DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F Services Agreement MISC – HHW Event Hosting - Veolia Page 18 of 19 or property damage to third parties, as well as for environmental remediation of sites damaged by pollution resulting directly or indirectly from the Service Provider’s operations under this Services Agreement. Such policy shall be maintained throughout the term of this Services Agreement, and for not less than three (3) years after the date of final acceptance and completion of the work performed under this Services Agreement. If the Service Provider will subcontract out transportation, treatment, storage, and/or disposal of Regulated Substances, Service Provider shall identify to the City the name of subcontractor(s), and require the subcontractor(s) to procure insurance, and provide evidence of insurance, with all terms and conditions as specified above, naming the City of Fort Collins, its officers, agents, and employees and the Service Provider, as additional insureds. DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F New insurance Services Agreement MISC – HHW Event Hosting - Veolia Page 19 of 19 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1,000,000 01/01/2017 HDO G27402884 Manashi Mukherjee CHI-005218840-40 1,000,000 SCF C48598195 (WI) (Retro) X 20702 SIR $500,000 Aggregate of Marsh USA Inc. Attn: Veolia.CertRequest@marsh.com | Fax: 212-948-5053 N X 1,000,000 01/01/2016 01/01/2017 01/01/2015 19437 ISA H0886651A Pollution Legal Liability A 1,000,000 1,000,000 N/A ACE Fire Underwriters Insurance Company 1,000,000 X D X 04/05/2016 HEN-TS 1,000,000 01/01/2016 1,000,000 City of Fort Collins, its officers, agents and employees are included as additional insured where required by written contract but only for liability arising out of the operations of the named insured with respect to General Liability and Auto Liability. X 01/01/2016 Attn: Ed Bonnette, CPM 215 North Mason City of Fort Collins Lexington Insurance Company P.O. Box 580 A N/A Each Incident 10,000 01/01/2017 1,000,000 Claims Made Form B Fort Collins, CO 80522 22667 1,000,000 1,000,000 01/01/2017 WLR C48598158 (AOS) 540 W. Madison Street Marsh USA, Inc. Chicago, IL 60661 9131 East 96th Avenue Veolia ES Technical Solutions, LLC Henderson, CO 80640 PLS 1364667 01/01/2016 Purchasing Division A 01/01/2017 ACE American Insurance Company DocuSign Envelope ID: 091AE073-1359-4838-8BDE-EAD59CC8BF9F