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HomeMy WebLinkAbout304997 BELFOR ENVIRONMENTAL INC - CONTRACT - RFP - 8426 CHEMICAL SPILL CLEAN-UP & HAZARDOUS MATERIALServices Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 1 of 17 SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and BELFOR ENVIRONMENTAL hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 8426 Chemical Spill Clean Up & Hazardous Materials Handling Services. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit “B”, consisting of three (3) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make reasonable changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services at mutually agreed-upon rates and based upon a mutually agreeable schedule. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 2 of 17 oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence March 10, 2017 and shall continue in full force and effect until March 9, 2018, 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. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: Service Provider: City: Copy to: Belfor Environmental Attn: Mark Churchill or Robert Lamorie 5075 Kalmath Street Denver, CO 80221 City of Fort Collins Attn: Matt Zoccali PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations according to this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 3 of 17 with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "C", consisting of two (2) pages, and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the Work Order, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 10. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 11. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 12. 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. 13. 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. DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 4 of 17 14. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 15. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the degree of competence and care presently maintained by other practicing contractors in the same or similar type of work in the applicable community. 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. 16. 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. 17. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days from receipt of written notice 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 to the extent the non-defaulting party is the prevailing party. 18. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 19. 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 DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 5 of 17 liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property to the extent such actions, suits, claims, demands or liability arise out of, result from or occur in connection with the negligent acts or omissions of Service Provider, its willful misconduct, or Service Provider’s breach of these terms and conditions. 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 "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Purchasing Director, 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. Notwithstanding anything herein or in a Work Order to the contrary, neither Party shall be liable to the other for consequential, indirect, special or punitive damages arising, howsoever caused, out of the performance or non-performance of any obligation herein. 20. 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. 21. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 22. 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 DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 6 of 17 work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. 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. 23. Red Flags Rules. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 24. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality consisting of one (1) page and Exhibit F - Fort Collins Expense Guidelines, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 7 of 17 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: BELFOR ENVIRONMENTAL By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Frank Johnston 4/14/2017 General Manager Assistant City Attorney 4/17/2017 City Clerk Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 8 of 17 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND BELFOR ENVIRONMENTAL AGREEMENT DATED: March 1, 2017 Work Order Number: Purchase Order Number: Project Title: Original Bid/RFP Project # & Name: 8426 Chemical Spill Clean Up & Hazardous Materials Handling Services Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. BELFOR ENVIRONMENTAL By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS Submitted By: _________________________ Project Manager Date: _________________________ Reviewed by: _________________________ Senior Utility Engineer Date: _________________________ Approved by: _________________________ Water Engineering & Field Services Operations Manager Date: ________________________ Approved by: _________________________ Utilities General Manager (over $1,000,000) Date: ________________________ Approved by: _________________________ Purchasing Director (if over $60,000) Date: _______________________ DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 9 of 17 EXHIBIT B SCOPE OF SERVICES OBJECTIVE City is entering a contract for 24-hour chemical clean-up services to assist City in collecting and removing chemicals from City owned property including but not limited to streets, bridges, sewers, waterways, City facilities, and, in emergencies, private property. Poudre Fire Authority is responsible for securing chemical spills in the community, however, in some cases City may need the assistance of the contractor to clean-up the site or remove bulk supplies of processed chemicals. Additionally, the contractor will be asked to supply appropriately trained and certified workers for projects involving hazardous materials. The Contractor will be responsible for the following services, including but not limited to testing, characterizing, removing, storing and disposing of contaminated soil, ground water, and residual chemicals. The Contractor must be properly staffed and equipped to respond to a variety of incidents and is expected to coordinate with Poudre Fire Authority (PFA), Larimer County Department of Health and Environment (LCDHE), City staff, and other designated City contractors in executing clean-up projects. The Contractor may be used for the purposes of handling hazardous materials and operating equipment during projects in areas of known or suspected contamination. Contract(s) resulting from this RFP will be made available to all FC/LC departments; use of such contract(s) will be at the option of those departments, depending upon the need. PERFORMANCE REQUIREMENTS Comply with all applicable laws, regulations, and local ordinances, including but not limited to: Environmental Protection Agency (EPA), Colorado Department of Public Health and Environment (CDPHE), Colorado Division of Oil and Public Safety (OPS), Occupational Safety and Health Administration (OSHA), Department of Transportation (DOT), Larimer County and City of Fort Collins. Services may need to meet Federal Highway Administration (FHWA), Natural Resources Conservation Service (NRCS) and/or Federal Emergency Management Agency (FEMA) requirements for reimbursement to FC/LC (dependent upon the project). WORK ORDER PROCEDURES Work performed pursuant to this Agreement will be authorized by Work Order and subsequent Purchase Order, issued by the appropriate department(s). This is not an exclusive contract and City reserves the right to independently seek proposals/quotes on any project, rather than issuing a Work Order to the awarded Contractor(s). The Contractor shall provide all personnel, equipment and supplies necessary to complete the services set forth in the scope of work. Total project time, personnel, hourly rates, expenses, bonds, retainage clause (if necessary), organization responsible for payment and any applicable liquidated damages clause will be detailed as part of the project Work Order for each individual project. Fees will be based on those submitted in the RFP response and negotiated in an “open book” manner. TABLE TOP City may coordinate a table top exercise that may include different agencies who could potentially respond to an emergency situation. Contractor will be asked to attend and participate DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 10 of 17 in order to have a better understanding of how the contractor and the City will work together in the event of a live situation. SCOPE OF WORK A. Initial Response 1. Respond, mobilize (en-route to the emergency response site), and be fully equipped to begin operations at the designated clean-up site within one to two hours (one hour preferred) of the initial contact unless authorized to delay start of the project by City staff. a. Contractor will develop a list of needed information to be used by City staff to provide the contractor with the appropriate information to prepare for the response. 2. Be prepared to integrate into an established National Incident Management System (NIMS) response when another authority is in charge of the scene. 3. Conduct a daily safety briefing with all personnel on site before beginning work. 4. Exercise the necessary precautions to protect all on-site personnel from potential hazards associated with a spill, release, abandonment or project. 5. Identify chemical characteristics of unknown substances using direct reading instruments and other field test methods. 6. Implement containment and clean-up strategies appropriate for the quantity, chemical characteristics, and media involved in the project, spill, release or abandonment. 7. Keep a daily log of work performed, document and report observations including pictures made during initial response and subsequent cleanup. Note such things as: a. Bystander’s comments regarding cause of incident and chemicals involved. b. The presence of contaminated soil, ground water or free product. B. Project Work 1. For emergency clean-up services, arrive on the scene and: a. Discuss clean-up plan with City before starting work. b. Provide a schedule of costs and negotiate work order for the services within 2 days. 2. For non-emergency response and other projects, provide a detailed scope of services to be performed, anticipated schedule and detailed cost of services to be approved by City, prior to starting work. 3. Contractor’s responding staff will be trained and maintain appropriate levels of certification for the work being performed. 4. Prepare a site Health and Safety Plan including contractor’s procedures to comply with all worksite hazards and appropriate to the scope of the clean-up or project. 5. At a minimum, conduct daily briefings including safety precautions and project updates with City personnel. DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 11 of 17 6. Remove contaminated soil, ground water or free product from City facilities or spill site in accordance with all applicable laws & regulations. 7. Secure contaminated materials to prevent subsequent release, personnel exposure, damage to facilities, and ensure reliability of sampling and analysis until they can be properly prepared for disposal. 8. Decontaminate existing site structures and equipment. 9. Collect and deliver analytical samples to a lab of City’s choice. a. Use EPA and CDPHE required sampling methods b. Maintain proper chain of custody with analytical samples. 10. Evaluate site conditions, recommend and discuss disposal/recycle options and the associated costs of those items with a City representative. 11. Transport and temporarily store (if necessary and feasible) waste until materials can be disposed of at an appropriate facility of City’s choice. Transportation and storage must comply with all applicable regulations. 12. Certificate of destruction will be required for disposal of scrap metal/tank, hazardous wastes, and special wastes. Completed, signed manifests are required to prove proper disposal of material. Documentation must be provided to City within 90 days of material removal. 13. Provide City required “No Further Action” letter (NFA) from appropriate State Agency on all clean-up and projects as directed by the County or State. a. A portion of the final invoice payment will be withheld until City receives the certificate of destruction and/or completed manifests and/or an NFA letter. C. Project Completion 1. Remove all supplies, equipment, and waste stored on site used for clean-up and disposal. 2. Conduct a debriefing, if requested, with City personnel. 3. Prepare a complete final report within 10 days of project completion. a. Provide an executive summary for reports greater than 10 pages in length. 4. Provide copies of daily logs from the response or project. 5. Provide an itemized invoice for services provided as well as load tickets. DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 12 of 17 EXHIBIT C COMPENSATION DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 13 of 17 DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 14 of 17 EXHIBIT D 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. DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 No new insurance required Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 15 of 17 EXHIBIT E 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: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 16 of 17 EXHIBIT F FORT COLLINS EXPENSE GUIDELINES Lodging, Per Diem Meals and Incidentals and Other expenses: January 1, 2016 These guidelines shall control over rates for any such expenses set forth in the Rate Schedule attached as Exhibit C. Lodging:  Hotels will be reimbursed at $109/day provided the government rate is available. If the government rate is not available, the best available rate shall be used and a printout of the available rates at the time of the reservation provided as documentation.  Hotel taxes do not count to the $109 limit, i.e. the rate is $109 plus applicable taxes.  Receipts are to be provided.  Actual expense will apply Meals and Incidentals: In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines.  Daily rate: $59  Travel Days rate: 75% of $59 = $44.25 Vehicle Expenses:  All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to be reimbursed. The standard for vehicle size is mid-size to lower.  If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the IRS. The most direct route is the standard for determining total mileage.  Mileage for 2 wheel drive vehicles will be at the current rate found at www.gsa.gov. The rate for 2016 is $0.54.  Mileage for 4 wheel drive vehicles will be $0.78 when required by the City of Fort Collins. Extra Ordinary Cost  Prior authorization required. Expenses Not Allowed  Liquor, movies, or entertainment (including in-room movies);  Sporting events;  Laundry, dry-cleaning or shoe repair;  Personal phone calls, including connection and long-distance fees;  Computer connections (unless required for City business);  Other personal expenses not directly related to City business;  Convenience charges;  Rescheduling Airline Charges not related to City requirements.  Excessive meal tip amounts generally over 20%;  Delivery fees shall not exceed 10% of the total bill, if not already included;  Hotel Cleaning Tips;  Extra Baggage for one day trips;  Air Travel (when local); DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Services Agreement – Work Order Type RFP 8426 Chemical Spill Clean Up and Hazardous Material Handling Services Page 17 of 17  Items that are supplied by the City. Time Frame for Reporting  Per contract (every 30 days). Reference: The Federal GSA guidelines for Fort Collins are $109/day for hotel and $59 for meals and incidentals (M&IE). (Incidentals are defined as 1) fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or stewardesses , and 2) transportation between places of lodging or business and places where meals are taken). Hotel taxes (i.e. lodging taxes) are not covered by per diem and are expensed as a separate line item. The M&IE is further broken down by:  Breakfast: $13  Lunch: $15  Dinner: $26  Incidentals: $5 Federal guidelines further provide for the use of 75% of the M&IE rate for travel days, i.e. $44.25 for Fort Collins. DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 Holder Identifier : 7777777707070700077761616045571110767717016204447207442027772507300072640577046230130777451517127444707537510633231143075772370671777650727111067402265607364015570076130076727242035772000777777707000707007 7777777707070700073525677115456000732011507037102007033227352073111071333272431720010702222635306301107133226343173001070233372421621000702233624207211107033337243162010077756163351765540777777707000707007 Certificate No : 570066100481 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/08/2017 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. PRODUCER Aon Risk Services Central, Inc. Southfield MI Office 3000 Town Center Suite 3000 Southfield MI 48075 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED INSURER A: National Union Fire Ins Co of Pittsburgh 19445 INSURER B: The Insurance Co of the State of PA 19429 INSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.): (800) 363-0105 CONTACT NAME: Belfor Environmental, Inc. 5075 Kalamath Street Denver CO 80221 USA COVERAGES CERTIFICATE NUMBER: 570066100481 REVISION NUMBER: 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. Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance AGENCY ADDITIONAL REMARKS EFFECTIVE DATE: CARRIER NAIC CODE NAMED INSURED See Certificate Number: See Certificate Number: POLICY NUMBER AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: Aon Risk Services Central, Inc. 570000005415 570066100481 570066100481 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSURER INSURER INSURER INSURER INSURER(S) AFFORDING COVERAGE Page _ of _ NAIC # Belfor Environmental, Inc. TYPE OF INSURANCE POLICY NUMBER LIMITS WORKERS COMPENSATION B WC028415785 07/01/2016 07/01/2017 B WC028415788 07/01/2016 07/01/2017 B WC028415787 07/01/2016 07/01/2017 B WC028415786 07/01/2016 07/01/2017 B WC028415784 07/01/2016 07/01/2017 MA,ND,OH,WA,WI,WY IL,KY,NC,NH,UT AZ, VA CA FL N/A N/A N/A N/A N/A ADDL INSD INSR LTR SUBR WVD POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Holder Identifier : 7777777707070700077761616045571110767717016204447207442027772507300072640577046230130777451517127444707537510633231143075772370671777650727111067402265607364015570076130076727242035772000777777707000707007 7777777707070700073525677115456000732011507037102007033227352073111071333272431720010702222635306301107133226343173001070233372421621000702233624207211107033337243162010077756163351765540777777707000707007 Certificate No : 570066100481 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/08/2017 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. PRODUCER Aon Risk Services Central, Inc. Southfield MI Office 3000 Town Center Suite 3000 Southfield MI 48075 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED INSURER A: National Union Fire Ins Co of Pittsburgh 19445 INSURER B: The Insurance Co of the State of PA 19429 INSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.): (800) 363-0105 CONTACT NAME: Belfor Environmental, Inc. 5075 Kalamath Street Denver CO 80221 USA COVERAGES CERTIFICATE NUMBER: 570066100481 REVISION NUMBER: 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. Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance AGENCY ADDITIONAL REMARKS EFFECTIVE DATE: CARRIER NAIC CODE NAMED INSURED See Certificate Number: See Certificate Number: POLICY NUMBER AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: Aon Risk Services Central, Inc. 570000005415 570066100481 570066100481 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSURER INSURER INSURER INSURER INSURER(S) AFFORDING COVERAGE Page _ of _ NAIC # Belfor Environmental, Inc. TYPE OF INSURANCE POLICY NUMBER LIMITS WORKERS COMPENSATION B WC028415785 07/01/2016 07/01/2017 B WC028415788 07/01/2016 07/01/2017 B WC028415787 07/01/2016 07/01/2017 B WC028415786 07/01/2016 07/01/2017 B WC028415784 07/01/2016 07/01/2017 MA,ND,OH,WA,WI,WY IL,KY,NC,NH,UT AZ, VA CA FL N/A N/A N/A N/A N/A ADDL INSD INSR LTR SUBR WVD POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $2,000,000 $10,000 $2,000,000 $4,000,000 $4,000,000 A 07/01/2016 07/01/2017 SIR applies per policy terms & conditions GL5863303 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X X X BODILY INJURY (Per accident) $2,000,000 A 07/01/2016 07/01/2017 AOS A CA 319-44-94 07/01/2016 07/01/2017 MA A CA 319-44-95 07/01/2016 07/01/2017 VA COMBINED SINGLE LIMIT (Ea accident) CA 319-44-93 EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER PER STATUTE B 07/01/2016 07/01/2017 AOS B WC028415789 07/01/2016 07/01/2017 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A N NJ,PA WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC028415783 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Fort Collins, its officers, agents and employees are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. Should General Liability, Automobile Liability and Workers' Compensation policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to certificate holders in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION CityREPRESENTATIVE of Fort Collins AUTHORIZED Attn: Purchasing Director PO Box 580 Fort Collins CO 80522 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384 PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $2,000,000 $10,000 $2,000,000 $4,000,000 $4,000,000 A 07/01/2016 07/01/2017 SIR applies per policy terms & conditions GL5863303 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X X X BODILY INJURY (Per accident) $2,000,000 A 07/01/2016 07/01/2017 AOS A CA 319-44-94 07/01/2016 07/01/2017 MA A CA 319-44-95 07/01/2016 07/01/2017 VA COMBINED SINGLE LIMIT (Ea accident) CA 319-44-93 EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER PER STATUTE B 07/01/2016 07/01/2017 AOS B WC028415789 07/01/2016 07/01/2017 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A N NJ,PA WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC028415783 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Fort Collins, its officers, agents and employees are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. Should General Liability, Automobile Liability and Workers' Compensation policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to certificate holders in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION CityREPRESENTATIVE of Fort Collins AUTHORIZED Attn: Purchasing Director PO Box 580 Fort Collins CO 80522 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DocuSign Envelope ID: 4CBEA592-8520-45F9-93D4-8F3ACFB53384