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Home My WebLink AboutContract 45424 (2). �DT1� 1�e' �0�� (�e - Z � Setween CITY OF FORT WORTH and Heritage Environmental Services, LLC For ANNUAL CONTRACT FOR TRANSPORTATION, DISPOSAL, AND RECYCLING OF HOUSEHOLD HAZARDOUS WASTE ENV 14-01: HHWD Transportation & Public Works Department Environmental Management Division FEBRUARY 2014 C�FFICIAL �ECEIVE� MAR � 4 7014� ii �° ��a �� STATE OF TEXAS COUNTY OF TARRANT , KNOWN ALL BY THESE PRESENTS ANNUAL CONTRACT FOR TRANSPORTATION, DISPOSAL AND RECYCLING OF HOUSEHOLD HAZARDOUS WASTE ENV 14-01: HHWD This Contract is entered into by and between the City of Fort Worth ("City"), a home-rule municipality located within Tarrant County, Texas (City), acting through Fernando Costa, its duly authorized Assistant City Manager, and Heritage Environmental Services, LLC ("Contractor"), acting through its member Heritage Environmental Services, Inc. by James Fehsenfeld, its duly authorized Director. City and Contractor may be referred to herein individually as a Party, or collectively as the Parties. 1►JI��I�.�y��CA WHEREAS, the City operates a Household Hazardous Waste ("HHW") collection program to provide a safe convenient method for citizens of Fort Worth and participating cities to dispose of stored HHW; and WHEREAS, the City requires the services of a professional firm knowledgeable and experienced in the transportation, disposal and recycling of aggregated HHW; and WHEREAS, the Contractor has represented that it is staffed with personnel knowledgeable and experienced in the transportation, disposal and recycling of aggregated HHW: NOW, THEREFORE, in consideration of the mutual promises and benefits of this Agreement, the City and the Contractor agree as follows: 1. DEFINITIONS City's Representative means the Assistant Director of Transportation and Public Works, Environmental Management Division, or his designee. Chanqe Order means an officially authorized and executed written amendment to this contract or to a Task Order, issued by the City. Contract Documents means this contract; Request for Proposals; attachments, pre-bid amendments, and appendices to the Request for Proposals; the Contractor's response Household Hazardous Waste Contract - 2014 Page 1 of 22 Heritage Environmental Services, LLC ' to the Request for Proposals; all ancillary documents submitted with the Contractor's response to the Request for Proposals; Task Orders; and other written, printed, typed and drawn instruments that comprise and govern the performance of the work, including, but not limited to, proposal, plans, specifications, maps, blueprints, notice of award, general conditions, special conditions, supplementary conditions, general provisions, special provisions, change orders, any contract amendments and the payment, performance and maintenance bonds, or other such similar documents as may be required for work perFormed under this contract. The Contract Documents shall also include any and all supplemental agreements approved by the City which may be necessary to complete the work in accordance with the intent of the plans and specifications in an acceptable manner, and shall also include the additional instruments bound herewith. Deliverable Document means a report, manifest, or an invoice that shows the completion of a task. ECC means the City of Fort Worth TPW-Environmental Management Division facility located at 6400 Bridge Street, Fort Worth, Texas, known as the Environmental - Collection Center. Household Hazardous Waste (HHW) means any solid waste generated in a household by a consumer which, except for the exdusion provided for in 40 CFR § 261.4(b)(1) would be classified as a hazardous waste under 40 CFR Part 261, and which, when aggregated, must be handled as hazardous waste. Participatinq City means a governmental entity that is participating in Fort Worth's household hazardous waste collection program through an interlocal agreement with the City of Fort Worth. Project Manaqer means the City employee designated by the Assistant Director of the TPW-Environmental Management Division to manage the work required by this Agreement. RFP means the City's Request for Proposals entitled ENV 14-01:HHWD. Subcontract means a contract between the Contractor for this project and another person for any complete task defined in the scope of work. A purchase order is also considered a subcontract. 2. SCOPE OF CONTRACTOR'S SERVICES Contractor hereby agrees to perForm as an independent contractor the services set forth in the Scope of Work attached hereto as Attachment "A". Household Hazardous Waste Contract - 2014 Page 2 of 22 Heritage Environmental Services, LLC 3. SCOPE OF CITY SERVICES City agrees to perform the following services: A. Designate a City Representative to provide timely direction to the Contractor and render City decisions. B. Coordinate access to the ECC. C. Provide material safety data sheets (MSDSs) and process information as available on wastes for disposal. D. Provide timely notice to Contractor in writing of waste disposal projects, detailing the location(s), type of work, and other pertinent information. E. Aid in the selection of disposal methods. F. Provide required regulatory information for manifest and shipping paper information. . :u Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one (1) year beginning upon date of its execution. In addition, the term may be extended by mutual agreement of the parties for up to three (3) consecutive one (1) year renewal terms. 5. INDEPENDENT CONTRACTOR The City agrees to hire Contractor as an independent contractor, and not as an officer, servant, or employee of the City. Contractor shall have the exclusive right to control the details of the work perFormed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture between the City and Contractor, its officers, agents, employees, and subcontractors; and the doctrine of respondeat superior has no application as between the City and Contractor. Household Hazardous Waste Contract - 2014 Page 3 of 22 Heritage Environmental Services, LLC 6. COMPENSATION Section 1. Fee Schedule. City agrees to pay Contractor for its services on a unit price basis as specified in this contract. Contractor shall be compensated in accordance with the Schedule shown in Attachment "B". City and Contractor agree that the total cost of this Agreement shall not exceed $404,500 per annual contract term. There is no guarantee of a minimum amount of work to be awarded under this contract The City will not be liable for any Contractor costs in excess of the not-to-exceed amount unless City has signed and issued a formal modification to the Agreement. City will make payments to Contractor after completion of a waste shipment or shipments from the ECC to the designated facility. City shall not pay for any work performed by Contractor or its subcontractors, and/or suppliers that has not been specifically ordered by the City in writing in this contract or duly authorized modification. Contractor shall not be compensated for any work that is verbally ordered by any person and shall rely only upon written authorization to conduct work. Section 2. Release Upon Payment Acceptance by Contractor of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Section 3. Invoice and Payment. Contractor's invoices must include the following information: • unit and total prices for disposal and recycling plus any charges for transportation, supplies, equipment, and purchased services if such are required; • the City Purchase Order number; and • a copy of the completed waste manifest Payment for services rendered and properly invoiced shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Contractor's invoice for payment of same. In the event of a disputed or contested Household Hazardous Waste Contract - 2014 Page 4 of 22 Heritage Environmental Services, LLC ` billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. 7. PROFESSIONAL COMPETENCE Work performed by Contractor shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approvals issued by the City or another entity shall not constitute or be deemed to be a release of the responsibility and liability of Contractor or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services perFormed hereunder, which shall be perFormed in accordance with the applicable professional standard of care. Contractor and its subcontractors and agents shall obtain property/facility owner permission prior to accessing or entering said property or facility and shall not commit trespass. ►� ►I►• G •� a. The following words and phrases shall be defined as follows: 1. "Environmental Damages" shall mean all damages, losses, diminished values, claims, judgments, penalties, fines, liabilities, encumbrances, liens, costs, expenses of investigation, and the defense of any claim, whether or not such claim is ultimately defeated, results in a judgment or order of any kind, or is resolved by any good faith settlement, and of whatever kind or nature, direct or indirect, tangible or intangible, compensatory, exemplary, or punitive, economic or non-economic, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, to the City and any third parties, including without limitation reasonable attorney's and consultant's fees, any of the foregoing which are incurred as a result the Contractor's work, or due to negligence, or arising from a violation of any Environmental Requirements, or arising from strict liability, or an intentional tort, and whether any of the foregoing are attributable to the Contractor, a Subcontractor, a vendor, employee, agent, successor, or assignee and including by way of example but not limited to: Household Hazardous Waste Contract - 2014 Page 5 of 22 Heritage Environmental Services, LLC a. Damages for personal injury or death, pain and suffering, mental or emotional distress, injury to property of any kind or to natural resources, environmental contamination, or the loss of use or value of property; b. Fees incurred for the services of attorneys, consultants, - engineers, contractors, experts, laboratories, and investigators related to any studies, cleanup, remediation, removal, response, abatement, containment, closure, restoration, monitoring work, civil or criminal defense, or the recovery of any other costs; and c. Liability, claims, or judgments to any third persons or governmental agencies in connection with the items referenced herein. d. Fines, penalties, costs, agreed orders, or settlements to any federal, state, or local government for violations of environmental laws, permits, standards, or regulations. 2. "Environmental Requirements" shall mean the allowable or permissible levels, concentrations, or amounts of materials; all applicable present and future statutes, regulations, rules, permits, plans, or authorizations of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof; and all applicable judicial, administrative, and regulatory decrees, judgments, and orders; and all common law causes of action; all of the above relating to the protection of human health or the environment and being inclusive of, but not limited to: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, facilities, sites, operations, emissions, discharges, releases, or threatened releases of wastes, substances, materials, pollutants, contaminants, hazardous wastes, petroleum products, toxic substances, materials, or other any other regulated or harmful substances whether solid, liquid, or gaseous into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of elements, compounds, materials, substances, pollutants, contaminants, or hazardous or toxic materials, substances, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, facilities, sites, operations, Household Hazardous Waste Contract - 2014 Page 6 of 22 Heritage Environmental Services, LLC emissions, discharges, releases, or threatened releases of radioactive materials or radiation or electromagnetic fields. c. All requirements pertaining to the protection of the environment, natural resources, the health and safety of employees or the public; and d. Citizen suits authorized by any federal or state law; and e. All common law causes of action related to health, safety, natural resources, and the environment. b. Environmental Indemnification. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND, THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL: 1) ENVIRONMENTAL DAMAGES, AS DEFINED HEREIN, THAT ARE RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING STRICT LIABILITY) AND 2) VIOLATIONS, ALLEGED VIOLATIONS, SUITS, OR CLAIMS RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INC�UDING ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING STRICT LIABILITY). c. General Indemnification. CONTRACTOR AGREES TO INDEMNIFY, RELEASE, HOLD HARMLESS, REIMBURSE, AND DEFEND, THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND AL� DAMAGES, LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION THAT ARISE FROM OR RELATE TO OPERATIONS UNDER THIS AGREEMENT, AND SUBJECT ONLY TO THE LIMITATIONS PROVIDED BY SECTION 2254.0031 OF THE TEXAS GOVERNMENT CODE, IT IS THE INTENTION OF THE PARTIES THAT THE TERMS OF THIS INDEMNITY AGREEMENT, INCLUDING THE GENERAL AND ENVIRONMENTAL INDEMNITY PROVISIONS, SHALL APPLY EVEN IF INJURY, DEATN PROPERTY DAMAGE, OR ENVIRONMENTAL DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACT, VIOLATION OF A LAW OR DUTY TRIGGERING STRICT LIABILITY, OR BY THE INFRINGEMENT OF ANY PERSON'S PROPERTY, LEGAL, OR CONSTITUTIONAL RIGHT OR OTHER FAULT OF THE CITY OF FORT WORTH OR ITS EMPLOYEES, AGENTS, OFFICERS, OFFICIA�S, VOLUNTEERS, CONTRACTORS OR OTHER PERSONS CONNECTED WITH, OR IN PRIVITY WITH, THE CITY OF FORT WORTH. d. The obligations of the Contractor related to this general and environmental indemnification shall include, but not be limited to, the burden and expense of Household Hazardous Waste Contract - 2014 Page 7 of 22 Heritage Environmental Services, LLC � reimbursing the City for all fees and costs for defending all claims, suits, and administrative proceedings, even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, settlements, penalties or other sums due against such indemnified persons. e. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, contractor shall provide City with timely notice of same. f. The obligations of the Contractor related to this indemnification shall survive the expiration or termination of this Agreement and the discharge of all other - obligations owed by the parties to each other hereunder. . ► :• The Contractor certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commencing work, the Contractor shall deliver to City, certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. A. Insurance coverage and limits: 1. Commercial General Liability Insurance $1,000,000 each occurrence; $2,000,000 aggregate 2. Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage. The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 3. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee Household Hazardous Waste Contract - 2014 Page 8 of 22 Heritage Environmental Services, LLC 4. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 in aggregate and per occurrence. EIL coverage(s) must be included in policies listed in subsection 1 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). 5. NOTE: BETWEEN 1 AND 4 ABOVE, ANY POLLUTION EXPOSURE, INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY, ASSOCIATED WITH THE SERVICES AND OPERATIONS PERFORMED UNDER THIS CONTRACT SHALL BE COVERED; IN ADDITION, SUDDEN AND ACCIDENTAL CONTAMINATION OR POLLUTION LIABILITY FOR GRADUAL EMISSIONS AND CLEAN-UP COSTS SHALL BE COVERED. B. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the Contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The-term City shall include its employees, officers, officials, agents, and volunteers as respects the Contracted services. . 2. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to Department of Financial Management Services - Risk Management Division, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. Household Hazardous Waste Contract - 2014 Page 9 of 22 Heritage �nvironmental Services, LLC 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. 8. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion; the Contractor may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 11. All insurance required above shall be written on an occurrence basis in order to be approved by the City. 12. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. 10. LICENSES AND PERMITS Contractor certifies and warrants that on the day any work is to commence under this contract and during the duration of the contract it shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this contract, that such subcontractor shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. 11. TRANSFER OR ASSIGNMENT City and Contractor each bind themselves, and their lawful successors and assigns, to this Agreement. Contractor has been engaged as a consequence of Contractor's Household Hazardous Waste Contract - 2014 Page 10 of 22 Heritage Environmental Services, LLC specific and unique skills; Assignment will only be granted under unusual circumstances and at the sole discretion of the City. Contractor, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. 12. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. 13. - MINORITY AND WOMAN BUSINESS ENTERPRISE (MM/BE) PARTICIPATION In accordance with City Ordinance No. 20020, the City has goals for the participation of minority business enterprises and woman business enterprises ("MM/BE") in City contracts. Contractor acknowledges that no M/WBE goal has been established for this - Agreement. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. 14. NON-DISCRIMINATION During the performance of this contract, Contractor shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article III of the Code of the City of Fort Worth. Contractor agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layoff, recall, termination of employment, promotion, demotion, transfer, compensation, employment classification, training and selection for training or any other terms, conditions or privileges of employment. Household Hazardous Waste Contract - 2014 Page 11 of 22 Heritage Environmental Services, LLC Contractor agrees to post in conspicuous places, available to empioyees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of ineeting the requirements of this section. 15. OBSERVE AND COMPLY Contractor shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations including but not limited to applicable environmental laws. Contractor represents itself as knowledgeable in these matters and no defense of misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself, its subcontractors, agents, or its employees. 16. DEFAULT Contractor shall not be deemed to be in default because of any failure to perForm under this contract if the failure arises solely from causes beyond the control of the Contractor and without any fault or negligence by the Contractor. Such causes shall include acts of God, acts of war or terrorism, fires, floods, epidemics, quarantine restrictions, labor strikes, freight embargoes, and events of unusually severe weather. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. If Contractor fails to begin work herein provided for within the time specified above, or to complete such work within the time specified above, within the true meaning of this Agreement, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City exceeds the costs detailed in the attached documents, City may deliver to Contractor a written itemized statement of the total excess costs, and Contractor shall reimburse City for such excess costs without delay. Household Hazardous Waste Contract - 2014 Page 12 of 22 Heritage Environmental Services, LLC Aiternatively, if at any time during the term of this Agreement the work of Contractor fails to meet the specifications of the Agreement and the Contractor's Response to the RFP, City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this Agreement to the satisfaction of City within ten (10) days after written notification shall result in termination of this Agreement. All costs and attorney's fees incurred by City in the enforcement of any provision of this Agreement shall be paid by Contractor and accepted by the City. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this Agreement. : \L ' • City may terminate this Contract at its sole discretion and without cause upon thirty (30) days prior written notice to Contractor, and such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The City shall pay for any such work that is completed by Contractor and accepted by the City. 18. VENUE AND JURISDICTION By executing this contract, the parties consent to the Jurisdiction of the State of Texas, _ and Venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas or the federal courts therein. 19. CONTRACT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. Household Hazardous Waste Contract - 2014 Page 13 of 22 Heritage Environmental Services, LLC 20. COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. 21. SEVERABILITY The provisions of this contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this contract, and this contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the contract. 22. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may - then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 23. NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: If to the City: Michael Gange, Assistant Director Transportation and Public Works Department 1000 Throckmorton Street Fort Worth, TX 76102 If to the Contractor: Heritage Environmental Services, LLC Attn: Ricky Belk 1840 N. 105 East Ave. Tulsa, OK 74116 Household Hazardous Waste Contract - 2014 Page 14 of 22 Heritage Environmental Services, LLC . .• . Contractor warrants that it understands the currently known hazards and the suspected hazards which are presented to persons, property and the environment by the work specified in this contract. Contractor further warrants that it will perForm all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance -- with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Contract. 25. NO THIRD-PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of - this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 26. MODIFICATION No modification of this Contract shall be binding on the Contractor or the City unless set out in writing and signed by both parties. No modification shall be binding upon the City unless signed by the City Manager or an Assistant City Manager of the City of Fort Worth. In no event shall any verbal authorization changing the scope of work or verbal agreements for additional compensation be binding upon the City. Contractor expressly agrees a) not to make changes to its legal, financial, or logistical position on any matter based on any oral representation by an employee, contractor, or agent of the City prior to obtaining a written modification to this contract; b) that it waives any claim based upon reliance or estoppel as a result of acting or not acting due to an alleged oral modification to a material term of the Contract Documents or a Task Order through the City, its employees, contractors, or agents; and c) that it waives any claim for compensation for work performed based upon an alleged oral change to a material term of this contract by the City, its employees, or agents. 27. ENTIRETY - This contract, the contract documents, and any other documents incorporated by _ reference herein are binding upon the parties and contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, Household Hazardous Waste Contract - 2014 Page 15 of 22 - Heritage Environmental Services, LLC � regarding the subject matter of this contract or any part thereof shail have any validity or bind any of the parties hereto. In the event of any conflict between the specific terms of this contract and any other contract documents, then the terms of this contract shall govern. 28. AUTHORITY AND EXECUTION By signing this contract Contractor warrants that it has had the opportunity 1) to examine this contract in its entirety, 2) to have its legal counsel examine and explain the content, terms, requirements, and benefits of this contract if Contractor so chooses, and - 3) to negotiate the terms of this contract within the bounds of applicable law. Having had the opportunity to submit its bid and also to specifically negotiate the terms of this contract, Contractor agrees to be bound by this contract and expressly agrees to the terms of this contract, including terms that may vary from those of the Invitation to Bid or the Contractor's proposal. The signatory to this contract represents that he or she is legally authorized by the Contractor to enter into a binding agreement on behalf of the Contractor. This portion of page left intentionally blank. Household Hazardous Waste Contract - 2014 Page 16 of 22 Heritage Environmental Services, LLC ATTACHMENT A. SCOPE OF WORK The services to be provided under this contract include but are not limited to the following tasks: A. Contractor agrees to furnish on an as is needed basis all labor, materials, equipment, and superintendence necessary for transportation, disposal and recycling of aggregated HHW. Such work shall be conducted in accordance with this Agreement, the Scope of Services described in the RFP and the Contractor's Response to the RFP including all addenda and memoranda, which are incorporated herein as enforceable conditions of this Agreement. Contractor understands and agrees that it is not guaranteed any minimum amount of work under this Agreement. B. All work to be performed by Contractor will be specified in written work assignment(s) issued by the Project Manager including requests sent by facsimile or email. Contractor agrees to begin all assigned work within five (5) business days of the date the assignment was transmitted, and to complete all assigned work in an expeditious manner. Contractor shall not be compensated for any alleged additional work resulting from the oral orders of any person. C. Contractor certifies that it has and will maintain during the term of this Agreement, current and appropriate federal, state, and local licenses, permits, and certifications necessary for the handling, packaging, transportation, treatment, disposal, and recycling of aggregated household hazardous waste as required by this Agreement. These include but are not limited to current and appropriate Environmental Protection Agency and Department of Transportation permits and identification numbers as the Generator, Transporter, and Treatment, Storage, and/or Disposal (TSD) facilities used in management of hazardous and acutely hazardous wastes; and appropriate state Generator, Transporter, and TSD facility permits and identification numbers. A current copy must be sent to the City following any and all renewals. D. Contractor agrees that it shall not assign, delegate, or subcontract any of the work described in this Agreement without first obtaining express written approval to do so from City. Contractor shall remain fully responsible for the satisfactory performance of such work and shall remain fully bound by the terms of this Agreement. City shall have the right to approve or reject: 1. all subcontracts retained by Contractor to perform services under this Agreement; 2. all methods of transportation and disposal of the aggregated household hazardous waste; 3. all methods of training provided to City employees; and Household Hazardous Waste Contract - 2014 Page 17 of 22 Heritage Environmental Services, LLC 4. all primary and alternate designated facilities. E. Contractor shall provide for lawful disposal, including incineration, fuel blending (for incinerators only), waste to energy, treatment, and land filling of hazardous and other regulated materials of all wastes. Recycling and treatment of waste materials whenever feasible is preferred and consistent with all applicable laws and regulations. Note: No waste shall be used for fuel blending and incineration in cement kilns, or disposed of by deep well injection. F. Contractor shall take title to and assume Generator status of all aggregated household hazardous waste it accepts from the EEC, at the time such wastes are removed from the ECC facility. G. Contractor shall provide labels, necessary paperwork and documentation needed to complete waste shipments. H. Contractor shall provide City with Certificates of Destruction within ninety (90) days of waste shipment. Contractor shall comply with all applicable federal, state, and local laws and regulations including but not limited to 29 CFR — OSHA, 40 CFR — RCRA and TSCA, 49 CFR — DOT, 30 TAC — TCEQ, and EPA Publication SW846. J. Contractor shall provide transportation services for wastes to disposal or recycling facilities which must be registered with the U.S. EPA and the TCEQ. K. Contractor shall provide City with fully executed copies of Waste Manifests within 35 days of waste shipment. NOTE: The City reserves the right to perform site visits, audits, and inspections of Provider storage locations and equipment and of Subcontractor facilities utilized. This portion of page left intentionally blank. Household Hazardous Waste Contract - 2014 Page 18 of 22 Heritage Environmental Services, LLC � ATTACHMENT B. COMPENSATION SCHEDULE Prices for services rendered under this contract will be compensated as specified in the tables below. These prices include all labor, material, equipment, and supplies to perform the service. The total compensation for services under this contract shall not exceed $404,500.00 in - any annual term. THERE IS NO GUARANTEE OF ANY MINIMUM QUANTITY OF WORK UNDER THIS CONTRACT. DISPOSAL WASTE DESCRIPTION Unit Price Unit(s) 1. RCRA Incineration lab-packs $270.00 55 gallon drum 2. RCRA Incineration Flammable Loose packs �180.00 55 gallon drum $468.00 cubic meter box 3. RCRA Incineration Pesticide/Herbicide $180.00 55 gallon drum liquids $468.00 cubic meter box 4. RCRA Incineration Pesticide/Herbicide $180.00 55 gallon drum solids $468.00 cubic meter box 5. Fuel blending liquids (No waste shall be $68.00 55 gallon drum used for cement kilns) $78.00 95 gal overpack 6. Fuel blending solids (No waste shall be $180.00 55 gallon drum used for cement kilns) $468.00 cubic meter box 7. RCRA landfill $109.00 55 gallon drum 8. Class 1 landfill $40.00 55 gallon drum $80.00 cubic meter box 9. Treatment acids, bases (solid) $$0.00 30 gallon drum $134.00 55 gallon drum 10. Treatment acids, bases (bulk liquid) �95.00 30 gallon drum $125.00 55 gallon drum 11.Treatment oxidizers $124.00 30 gallon drum $168.00 55 gallon drum 12. Dangerous When Wet $65.00 5 gallon pail 13. Elemental mercury for recycling packa ed in small containers) $3.40 pound 14. Mercury debris $3.40 pound 15.Ammunition/ Gunpowder / Explosives $75.00 10 gallon pail Household Hazardous Waste Contract - 2014 Page 19 of 22 Heritage Environmental Services, LLC DISPOSAL WASTE DESCRIPTION Unit Price Unit(s) 16. Recyclable batteries $180.00 55 gallon drum rimaril NiMH and NiCAD 17. Batteries for disposal (non-recyclable) $180.00 55 gallon drum $20.00 10 pound cylinder 18. Compressed flammable gas cylinders $40.00 30 pound cylinder $40.00 50 pound cylinder $75.00 10 pound cylinder 19. Compressed pesticide cylinders $150.00 30 pound cylinder $200.00 50 pound cylinder 20. RCRA empty drums $10.00 55 gallon drum 21. Recyclable latex paint $101.00 55 gallon drum $245.00 cubic meter box 22. Non-recyclable paint $65.00 55 gallon drum (incineration, 1- 90% solid) $468.00 cubic meter box 23.Aerosol Cans $120.00 55 gallon drum $515.00 cubic meter box 24.Asbestos (friable) $99.00 55 gallon drum 25. Picric acid $65.00 5 gallon pail 26. Cyanide $140.00 30 gallon drum $190.00 55 gallon drum TRANSPORTATION Less than Full truckload Unit Price Unit(s) Stop Fee $75.00 Location $7.00 5 gallon pail Freight (per item transported) $9.00 30 gallon drum $10.00 55 gallon drum $40.00 cubic meter box Note: less than full truckload char es not to exceed full load char es. Full Truckload Unit Price Unit(s) Box Truck (40-48 drums or 20 cubic meter boxes) $1,000.00 truckload Combination Vehicle (approx. 84 drums or 44 cubic �1,500.00 truckload meter boxes) Combination Vehicle - Paint Only load $1,100.00 truckload 2 hour Demurrage $65.00 hour First two hours are free of char e. $65/hour char e ap lied after the first two hours. Household Hazardous Waste Contract - 2014 Page 20 of 22 Heritage Environmental Services, LLC Service Unit Price Unit(s) On-site haz-cat analysis $0.00 per test Lab-pack $50.00 30 gallon drum $50.00 55 gallon drum Overpack (staff and time cost) $30.00 30 gallon drum $95.00 55 gallon drum Provide staff assistance during collection event $30.00 hour/employee This portion of page left intentionally blank. Household Hazardous Waste Contract - 2014 Heritage Environmental Services, LLC Page 21 of 22 SIGNATURE PAGE ANNUAL CONTRACT FOR TRANSPORTATION, DISPOSAL AND RECYCLING OF HOUSEHOLD HAZARDOUS WASTE ENV 14-01: HHWD IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH CONTRACTOR Heritage Environmental Services, LLC through member Heritage Environmental Services, Inc. BY: h�—• BY: � �—�' Fernando Costa Ja s ehsenfeld Assistant City Mana er Dir ` r Date Signed: 3/ /¢ Heritage Environmental Services, Inc. REC�Ik/IM�NDED; WITNESS: � � �: ' .�� ; ��c� c � �-�� -�{-c�.= : Michael ange Assista Dire r Transpo ion and Public Works APPROVED AS TO FORM AND LEGALITY: ��z� ` Arthur N. Bashor Assistant City Attorney ATTE Mary ;1. Kay: City Secreta ��o� �'� ��°° %` °pO°�,� ,�� ! , o� � o �a o , ° ��m �� /O q � P OO�Q� DO�� . . . ' _ �OppmpU�O �� ' ��IC��L ��ORD � � ,I �ITI( SECRETARI' '�, u tJa �rJlib�!!79 0 /0 Household Hazardous Waste Contract - 2014 Page 22 of 22 Heritage Environmental Services, LLC CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth, Department of Transportation and Public Works - Environmental Management Division Project ENV-14-01: HHWD CONTRACTOR HERITAGE ENVIRONMENTAL SERVICES, LLC B : �9 —�i Y � � �� Title �f ��- STATE OF INDIANA § § COUNTY OF MARION § Before me, the undersigned authority, on this day personally appeared �r1'L�S %a FP�tSP,,��t� known to me to be the person whose name is subscribed to the foregoing i�strument, and acknowledged to me that he executed the same as the act and deed of '�?�",��,e F—Y�°..�if,�Y��s�:� �/�,"�,��.� ��:- for the purposes and consideration there�n expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this c i day of �(HAc 20 �' �� `��,��'�� 5'9 Notary Public fn and for the State of Indiana �CSO f616sAF! k.. �".'�:(�F �. ��P�' �al'��N�, �� il� �53GP$�l£B�; �� ilEP9l;s',m��6 C-.; �6i'� i��l3 �r VENDOR COMPLIANCE TO STATE LAW r The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State or Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-Resident vendors in required to be the Statute is attached. (give State), our principal place of business, are percent lower than resident bidders by State law. A copy of Non-resident vendors in (give State), our principle place of business, are not required to underbid resident bidders. B. Our principle place of business or corporate office(s) is in the State of Texas. 0 Bidder: Herita�e Environmental Services, LLC 1840 N 105th E Avenue Tulsa OK 74116 o=; ' , ��/' y,-t� R �f��`,�i��-�(_LL� By: (Please Print) /-�z--�i S�gn ure � �� ec `fz� ,� Title (Please Print) L � CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: February 18, 2014 NAME OF PROJECT: Transportation, Disposal, and Recyclin� of Household Hazardous Waste r � � L PROJECT NUMBER: ENV 14-01: HHWD CONTRACTOR: Herita�e Environmental Services, LLC Please staple your Accord insurance form to this page. Your insurance form should list the City of Fort Worth as the additionally insured. � -�' `— �� C � �� ,.� Y /� =s� P�':or�is Str�et � \, � �`�i,,l=\i':,—^�.! ��`�.�,';�-5 '\' /' -?^ � � January 9, 2014 City of Fort Worth Purchasing Division 1000 Throckmorton Fort Worth, TX 76102 RE: PROJECT: ENV14-01: HHWD Dear Mr. Johnson: Heritage Environmental Services, LLC (Heritage) is pleased to present this proposal to the City of Fort Worth for TRANSPORTATION, DISPOSAL AND RECYCLING OF HOUSEHOLD — HAZARDOUS WASTE at the City of Fort Worth Environmental Collection Center. Heritage's foundation and philosophy is to provide turn-key, customized, compliant solutions to our customers nationwide. We offer our customers a strong financial and compliance history, and continuously search for alternative solutions and improvements to enhance our services and individual site management programs. Our goal is to provide excellent, cost-effective waste management services without compromising compliance and maintaining a strong and committed relationship with our customers. r Heritage is a national environmental services provider whose corporate offices are located in Indianapolis, Indiana. In addition to Indianapolis, Heritage has RCRA permitted facilities in Missouri, Ohio, Arizona and a RCRA permitted landfill in Roachdale, Indiana. In addition to the permitted facilities, Heritage has 17 field services and sales offices, including a facility located in Tulsa, Oklahoma. � Our services are based upon our clients' environmental consciousness and commitment towards waste minimization and liability reduction. We implement a program which through education and philosophy emphasizes prevention, reclamation, and reuse whenever possible, and requires appropriate disposal methodology when necessary. � Heritage appreciates this opportunity to provide our company information on your waste management services. Should you have any questions or would like to discuss matters further, please do not hesitate to call the undersigned at your earliest convenience. Thank you for your time and consideration. Sincerely, Heritage Environmental Services, LLC �� l .; -� �. �--� Ricky Belk Operations Manager r �, . ,..� _��-� , "�,�... .: t 1 1-''y!i:e1+4J=�,:+�_ .i'e :7.IP.'-t; �:: - -.,i.�.l'.=�! �.i �zr�:,sai i�:��,.�T�,�,. ��-��,��-,rr� tr�_-.�:=:r�;,E:iLr �r�,F:- ��.,-,arr�,�=,��,y � r;:ii �a�:s r�:,a�-�rr�ry �r a�_J� err��4��, ei �� r�u�slr�l ��r��r, a- �-w_ ��::�1 r�5y �- �:.�r�i�� c1 a-ic�n- ��_ir�J�"� �I�iITiF�� •r•arrH: TT� F?��,�t-_.; i::r Pr��F� ��k� ��>;;�.�r� �;;� m�.i6t ��[�� Gf�itti,� vr�:�rr.ant�. �r: �I�� sa..iasr-iltz -�_� tl-R. C::r.t. !='i:�i ::=i,l I?�"i�i f�: il:; ��iB�=il ' '"?.i'i:' Hr=_�=sa ��tu�ne-r1'�h�cF.i_' �~- �'+a_afif:svl+'r��"a'�a:'S'r�Fu-.i.t r� :.'.=�_+�'_= �tt_1,:i:�+."� {i:i'IS`I2'i: � ��I F'rr�r � E��n�s ��„�aHE � �'�4: :,i_n F�urc--- _•-,�� w��ir�ti�,��,�i'ch� Pr�=: uKr �i;t. G� �,1��_i;liriia�:e':: {I��w;�it� � �,� -_i_;_-..-„ �� r+f r_�xP�'tj�� f:T+..r3di� '��ag� p=!?�s_ �r��n_fi t ��-t�-�� Fr_��#:t , l;r�.� y _;_-�.�� C �?�'ii'.�:��;i' �. L�; �� 'i � .� s',.T.�. i3 :�s �3:„i_ �',: �.s� i'.F-S•._f E,��a-s�i �1�7!f 77- �� L� v ��,� --�� `�- G'� , -`L/ - /'✓ G�✓ Cv- �I�n�i�rr�t,�nd ihat 8C1 �f i�i�y� ii��'�ri� w�ll l�r r��ri�r1�. �r�c� ��e;� il.erci�. n�� i►i�lUt#��1 ��e�. � F�ulg lat �n'y P��,trs.�l '�s1�1� �:�n�itl�ars� r!�n-r��:�i��c. !, _�'J ��F�r_,ft;r �'�_i "_ , � �_ , , hJ�cne � � � -� •.. . .. .. . .��.,� . . ..___�_� . ..1 _. .. _-_._��_ � - ...__�.�_..___._._ _ .... :..... �: tl t r� � � ��• a � o ,I � •. :• • �, 1� ,�. �� "�SJ`I'�jl �}' _..__.,-_:'S_i7__��._t1� t.:.1.'.si.�'. �.i.'tY'.i. f �ti ��'ti �l •1-�:� 1: s[-ii e�' .:'�c�.ar 1.�. ::' �: : J ,.�-� www.heritage-enviro.co�� 2 '�� r��4�3i;�r�°� EG�_E;',�Et�.f � UF �:=��=i� ��F ��G=hv �i� � � -' Lsr�r�. � ��+�Y�ri� _ TI'y J,S�_wrpa;�+� -�_#��if.y�� t� '��!!1 ��(' it� f+�l��i�s� �d�rr�� ltw ��a� f�f �'��7_ ::� ,, �� h.is a�a�h�a� aJ a�idFt��a �al cr�.�rr� th.r �;r: �r'�:i�� lri�;� i-�,:r�=�:�`f.9. �:i,�;!urn F�_>rnt�-° 1 ; _r.:-±� �H-,;:�.�:1°� ��lv�:iirn t�:��'i;�*:; '� •r.-�� ,��_.�-:H�:;�. �4,d�r�r:lirn M,�r�:^�r:a, �':,•� aNs�iurY•i5 �.t � C.r�lt�:#�. �f ��►N'��L�3��$ � , + h� Jr.�;:i;a;�� _�:•�;:p,ti��:;�_ it'N ��r�i� ��ti ��r,Je�rx1�'�a l�'r� �r+:��sl ti�-'='-��==�- � � L r��'C��FI�). :' 1' - � y. �� f�'� 4 i�'�.i• � ' 1•.. .',. `i�SF_�i��a-�`. r�y �. �a 5=�;i � M1kii�� '��--:� __��-�-��._. F��dtts� _._� ,�,, —� -k ti_ ,'ti ��„� I "t 14 ti� �- '_ a.�� _.It�,:, wita�•, �j� E�14 1� C^ 1: li Fi h'�' I# [�_��rC�r 1!�; �fi1=� �-.`s , www.heritage-enviro.ccM 3 1 w� 1f� 1� 1 4}� '� 1 �.� � '/ _. �,�•�.V' t.�_�_�r1�. . o��'��r%F�� li�i+ �w'-it �+��'i�� r� ' � , f, �t�__� _ �r. i;:�rgr�i:#�';: y'�tr :-,^. T�fe �F�rt �r :�tR�.� .`.� "�' 1"._t�1'�.':'p'3.� '� . i�:.�y{�u fr.,�. _ . .�.._�LS.;..__ �� TH:_ �GTf�f �F F�I�T'�'�f�TEi: -:.� _fa�':rli�jr�'_ ►;�''.cy {:1"��k_`;'_'_'• ._ '�9'll_�'� . �'��!'7��riJ1', �,f_{�':�. ��`i9 '!i_'�i_�i�l:i li1 .ai�t�if:�N;;.�'. I�:I;i_�":.*i;�T t4�-�r•;lr�a; :ti•.:�;-.� �-1F-14�6;. ^!?��'i� 441� -�� r�� ,-�larnrrr9::� nnrni.rr� ��.�a r�. +� r_h�r :.-e� �= =' i-.�=-c� ;�,�� ,•. 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E I ' �.. �.4%_LI 5'u;i i� �i� ��ti, � �'+. -•'�; � ti� ` I �'+'• — � =d`,�, '�:�3�; f13� � � L .0 �'°.'?�'i _ __ �ft_..�_ _.1._.�-4c'_ ; �, �F�r �t i E�'�' 1�-�ij.; 9��'��C� L!t'� i� iT' I'�i' L �r, � 1 I i _5 � � ��; .� � �� ._ �as�tt �as t} . or si�-�y I _ _--__ , •� r� � _� ._r�-� �? �_ '_ "� ' I.!a ��17 3 �° �. � � '�'�}--� !Y. 'K �+' , ^i - � . TFl� iFfi� fi �=� :'rF�c�E � ;F��x:i iL www.heritage-enviro.cc�� 4 2.4 SCOPE OF WORK The services to be provided under this RFP include but are not limited to the following tasks: • Comply with all applicable federal, state, and local laws and regulations including - but not limited to 29 CFR - OSHA, 40 CFR - RCRA and TSCA, 49 CFR - DOT, 30 TAC - TCEQ, and EPA Publication SW846; • Provide transportation services for wastes to disposal or recycling facilities (must be registered with the U.S. EPA and the TCEQ); • Disposal, including incineration, fuel blending (for incinerators only), waste to energy, treatment, and land filling of hazardous and other regulated materials; Note: No waste shall be used for fuel blending and incineration in cement kilns, or disposed of by deep well injection. • Recycling and treatment of waste materials whenever feasible; • Assume Generator Status of all wastes upon exiting City of Fort Worth's property; • Respond to all City disposal requests within 5 business days of the written disposal request sent via facsimile or e-mail; • Provide labels, paperwork, manifests, and documentation needed to complete waste shipments; • Provide City with fully executed copies of Waste Manifests within 35 days of waste shipment; • Provide City with Certificates of Destruction within 90 days of waste shipment; and • Maintain all necessary licenses and/or permits required under federal, state, and local laws and regulations. A current copy must be sent to the City following any and all renewals. NOTE: The City reserves the right to perform site visits, audits, and inspections of Provider storage locations and equipment and of Subcontractor facilities utilized. The Citv will perform the followinq tasks: • Provide material safety data sheets (MSDSs) and process information as available on wastes for disposal; • Provide timely notice to Contractor in writing of waste disposal projects, detailing the location(s), type of work, and other pertinent information; • Aid in the selection of disposal methods; and • Provide required regulatory information for manifest and shipping paper information. ,� � � - www.heritage-enviro.ca^�. 5 2.5 UNIT PRICES Providers should provide a price for each task proposed for this project. At a minimum, those tasks shown in the following tables should be included. The Provider may wish to include additional tasks as appropriate depending on the complexity of the technology proposed. A price for each task associated with a subcontractor should be provided. NO ADDITIONAL COMPENSATION SHALL BE PAID to the Provider for the cost of obtaining and maintaining insurance, bonds, licenses, and certificates required herein, or for fuel surcharges, as these are considered part of the items for which lump sum or unit prices are requested in this Proposal. COMPLETE THE FOLLOWING TABLES Please initial each and every aaae in section 2.5 in the lower riaht hand corner• www.heritage-enviro.cc�� 6 I �` r- I � L r WASTE DESCRIPTION Unit s Unit Price Break Down Total Price 1. RCRA Incineration 55 Transportation � 10 lab- packs gallon Disposa� � 2�0 drum (Off Spec $ 280 disposal rate $ 270 ) Supplies (list) $ 15 2. RCRA Incineration 55 �rum: Flammable Loose packs gallon Transportation $ io drum Disposal $ 180 (Off Spec Drum disposal rate $ 180 ) $ 190 Supplies (list) $ 15 Cubic Meter Box: Transportation $ 40 Cubic Meter Cubic Meter Box BOX Disposal $ 468 (Off Spec $ 508 disposal rate) $ 468 Supplies (list) $ 37 .. UV J �`J�',i,�ul��:.::'Jv'��.i v:��ti:,v'i.R.. C��✓ 7 � r- � WASTE DESCRIPTION Unit s Unit Price Break Down Total Price 3. RCRA Incineration 55 Drum: Pesticide/Herbicide gallon Transportation � 10 liquids drum Disposal $180 Drum (Off Spec disposal rate) $ 180 $ 190 Supplies (list) $ 15 Cubic Meter Box: Transportation $ 40 Cubic Meter Box Disposal $ 468 Cubic Meter Box (Off Spec $ 508 disposal rate $ 468 ) Supplies (list) $ 37 4. RCRA Incineration 55 Drum: Pesticide/Herbicide solids gallon Transportation � 10 drum Disposal $ 180 Drum (Off Spec disposal rate $ 180 ) $ 190 Supplies (list) $ 15 Cubic Meter Box: Cubic Meter Transportation $ 40 Box Disposal $ 468 Cubic Meter Box (Off Spec $ 508 disposal rate $ 468 ) Supplies (list) $ 37 - www.heritage-enviro.co^:� g G,�:/ � ,` �, WASTE DESCRIPTION Unit s Unit Price Break Down Total Price 5. Fuel blending 55 Transportation $10 liquids (No waste shall gallon Disposal $ ss be used for fuel drum blending for cement (Off spec � �$ disposal rate) $ 68 kilns) 95 gallon Supplies (list) � 2s over pack 6. Fuel blending solids 55 Drum: (No waste shall be gallon Transportation $ io used for fuel blending drum Disposal � iso for cement kilns) (Off Spec Drum disposal rate $ 180 ) $ 190 Supplies (list) $ 15 Cubic Meter Box: Cubic Meter Transportation $ 40 Box Cubic Meter Box Disposal $ 468 (Off Spec $ 508 disposal rate $ 468 ) Supplies (list) $ 37 7. RCRA landfill 55 Transportation $10 dau1On Disposal $ 109 $ 119 Supplies $ 15 ��✓ � 11Ir'v111/l,'.'h'1�—'�,i'Rtr']C�P,-P,�"lL'�(i'��.CQI� WASTE DESCRIPTION Unit s Unit Price Break Down Total Price 8. Class 1 landfill 55 Drum: gallon Transportation $ 10 Drum d ru m Disposal $ 40 $ 50 Supplies $ 15 Cubic Yard Box: Cubic Meter Transportation � 4o Cubic Meter Box Box $ 120 Disposal $ 80 Supplies $ 37 9. Treatment 55 55 gallon drum: acids, bases gallon Transportation $ io (solid) drum Disposal $ 134 (off spec 55 gallon drum disposal rate $ 134 1 $ 144 Supplies (list) $ 15 30 gallon drum: 30 Transportation $ 8 gallon Disposal � 80 30 gallon drum drum (Off Spec � 88 disposal rate $ 80 ) Supplies (list) $ 13 � ,� - .�lJ,.��;��ti,; ��,ritage-ei��v,coi� 10 � �_ C WASTE DESCRIPTION Unit s Unit Price Break Down Total Price 10. Treatment acids, 55 55 gallon drum: bases (bulk gallon Transportation $10 liquid) drum pisposa� $ 125 (off spec 55 gallon drum disposal rate $ 125 ) $ 135 Supplies (list) $ 23 30 gallon drum: Transportation $ 8 30 gallon Disposal $ 95 30 gallon drum drum (off Spec $ 103 disposal rate $ 95 ) Supplies (list) $ 23 11. Treatment oxidizers 55 55 gallon drum: gallon Transportation $ 10 d ru m Disposal $ 168 (Off Spec 55 gallon drum disposal rate $ 168 ) $ 178 Supplies (list) $ 15 30 gallon drum: 30 Transportation $ 10 gallon drum Disposal $ 124 30 gallon drum (Off Spec $ 134 disposal rate $ 124 ) Supplies (list) $ 15 www.heritage-enviro.co�M: v WASTE DESCRIPTION Unit s Unit Price Break Down Total Price 12. Dangerous When We 5 gallon pail Transportation � � Disposal $ 65 (Off Spec � 72 disposal rate $ 65 ) Supplies (list) $ 5 13. Elemental mercury 1 Ib. Transportation $ io for recycling, shipped in Disposal $ 3.40 small containers (Off Spec $ 13.40 disposal rate $ 3.40 ) Supplies (list) $ 15 14. Mercury debris 55 Transportation $ 10 gallon drum Disposal $ 3.40 (Off Spec $ 13.40 disposal rate $ 1 Supplies (list) $ 15 15. Ammunition/ 10 gallon pail Transportation � 9 Gunpowder / Ex IOSiveS Disposal $ 75 $ 84 p Supplies (list) $ 10 I L � _ �.: , ... .�,�� ;�,-. .,„..., L�� d��':,�.: ;�i;-.��;Ic-v�: ��v';: ��,��v�� . 12 WASTE DESCRIPTION Unit s Unit Price Break Down Total Price 16. Recyclable 55 Transportation $10 batteries (primarily gallon pisposa� � 1so NiMH and NiCAD) drum (Off Spec � 190 How you would disposal rate $ iso 1 like material Supplies (list) � 15 packaged? Per DOT regulations 17. Batteries for disposal 55 Transportation $10 (non-recyclable batteries) gallon Disposal $ 1 so drum � � gp HOw y0U wOUld Supplies (list) $ 15 like material packaged? Per DOT regulations 18. Compressed 10 10 Ib 30 Ib. 50 Ib. 10 pound cylinders flammable gas pound Transportation: cylinders cylinders $ 30 $10 $10 $10 30 pound cylinders 30 Disposal: pound $ 50 cylinders $ 20 � 40 � 40 50 pound cylinders 50 Supplies: pound $ 50 $ 10 $ 10 $ 10 cylinders 19. Compressed 10 10 Ib so �b. 50 �b. 10 pound cylinders pesticide cylinders pound Transportation: cylinders � 85 $ 10 $ 10 $ 10 30 pound cylinders 30 Disposal: pound $ 160 cylinders $ 75 $ 150 $ 200 50 pound cylinders 50 Supplies: pound $ 210 $ 10 $ 10 $ 10 cylinders � v��t��,�v.�� itage-��:��.vv;�� 13 ��/ � � WASTE DESCRIPTION Unit s Unit Price Break Down Total Price 20. RCRA empty drums 55 Transportation $10 dau�m Disposal $ 10 � 20 Supplies $ 0 21. Recyclable latex paint 55 Transportation $10 gallon Disposal $ 101 drum (Off Spec � 111 disposal rate $ 101 ) Supplies (list) $ 15 22. Recyclable latex paint Cubic Meter Transportation $ 40 Box Disposal $ 245 (Off Spec $ 285 disposal rate $ 245 ) Supplies (list) $ 37 23. Non-recyclable 55 Transportation $10 paint (incineration, 1— gallon Disposal � s5 90% solid) drum �off Spec � 75 disposal rate $ 65 ) Supplies $ 15 24. Non-recyclable Cubic Meter Transportation � 40 paint (incineration, 1— Box Disposal $ 468 90% solid) (Off Spec $ 508 disposal rate $ 468 ) Supplies $ 37 U'/'�/��IVV„�:�d �LUgG '�!�V�l��:','vvI 1 ! � 14 C � � r L � I ` WASTE DESCRIPTION Unit s Unit Price Break Down Total Price 25. Aerosol Cans 55 Transportation $ i o (to be depressurized allon 130 by the contractor and drum Disposal $ 120 � resultant metal must Supplies (list) $ 15 be recycled) Cubic Meter 26. Asbestos (friable) 55 Transportation $10 dau10n Disposal $ gg $ 109 Supplies (list) $ 15 27. Picric acid 5 gallon pail Transportation $ s Disposal $ 65 � 73 Supplies (list) $ 5 28. Cyanide 55 55 gallon drum: gallon Transportation � �0 55 gallon drum drum Disposal $ 190 $ 200 Supplies (list) $ 15 30 gallon drum: 30 Transportation $ 9 30 gallon drum gallon $ 149 d ru m Disposal $ 140 Supplies (list) $ 15 ��,,��v�v., ;�r�tag2-��.ti��l�, uv�M 15 r � L Service T e Price / Unit 33. On-site haz-cat anal sis Per test 0.00 /anal sis 34. Lab- ack Per 55 allon drum 50.00 /55 allon drum 35. Lab- ack Per 30 allon drum 50.00 /30 allon drum 38. Overpack (staff and 30 gallon drum $30.00 /drum im 39. Overpack (staff and 55 gallon drum $95.00 /drum im 40. Provide staff During HHW collection event $30.00 /hour i n r m I ➢4'�•^\ ,/, I /%/��J V`vr�Vb'4°„^�:.� itage-es�°v �� v, �C M 16 c Please provide prices for other disposal methods, new technologies or wastes below. Please identify and describe the method. � �. Disposal Total Unit Method 30 gal drum 20 gal drum 10 gal drum 5 gal drum/pail TRANSPORTATION PRICES: Less Than Truckload Pickups: Stop Fee 5 gallon pail 30 gallon drum 55 gallon drum Cubic meter box (Note: LTL charges not to exceed full load charges.) Full Truckload Prices (not-to-exceed) $ 75 Freight (per item transported) $ 7 /pail $ 9 /drum $ 10 /drum $ 40 /box Box Truck (40-48 drums or 20 cubic meter boxes) r Combination Vehicle (50-84 drums or 44 cubic meter boxes) Paint Only Loads 2 Hour Demurrage www.heritage-enviro.cor�, $ 1,000 $ 1,500 $ 1,100 $ 65 17 �� 2.6 BONDS 2.6.1 Bid Bond The Provider shall submit with its Proposal a Cashiers' Check or an acceptable Bidder's Bond payable to the City of Fort Worth, in the amount of $5,000. The Bond is subject to forfeit in the event the successful Provider fails to execute the contract documents within ten (10) days after the Contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and surplus equal to ten times the limit of the Bond. The surety must be " licensed to do business in the State of Texas. The amount of the Bond shall not exceed the amount shown on the Treasury list or one-tenth (1/10) the total capital and surplus for a non- Treasury List Surety. ATTACH CASHIER'S CHECK OR BID BOND HERE r- L � ` r- L r- I I~ � L www.heritage-enviro.cc�� : ��:�i. 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Remainder of this page intentionally left blank � � C C C � � C C � � L www.heritage-enviro.cc�M 22 2.8 QUALIFICATIONSOFTHE PROVIDER Provider shall identify its company name, address, telephone number(s), and FAX number(s) for the local office as well as the headquarters. Provider shall attach a copy of its current Statement of Qualifications (30-page maximum, 10 pt type minimum). Within the Statement of Qualifications the Provider should: _ • Explain any web-based customer service system that may be available to view and track waste shipments including but not limited to profiles, manifests, and certificates of destruction. • Explain capabilities to provide Quarterly "Waste" S hipment/Handling/Disposal Sumrnaries within 15 calendar days after of the close of each quarter. • Submit a brief resume (one page maximum, 10 pt type minimum) of each professional person who will be assigned to this contract. Identify key persons by name and title and describe the primary work assigned as well as the percentage of time each person will devote to this contract. • Submit an oraanization chart depicting contact arrangement from the City to the Provider and from the Provider's representative to other areas within the Provider. Identify key persons by name and title and describe the primary work assigned as well as the percentage of time each person will devote to this contract. • Document Provider's experience managing and performing transportation, and disposal of household hazardous waste on an as-needed basis. 2.8.1 Logistics Describe how the Provider will handle the details of shipment scheduling and waste pick- r- up and transportation as described in the Scope of Services. • Explain "game-plan" for handling the City's shipments including but not limited to scheduling pickups, temporary storage facilities, transportation, disposal sites, etc. • Explain mechanisms for handling Waste Manifest and/or Waste Profile errors encountered at the shipment site along with communication channels between Field and Office personnel responsible for proper paperwork generation and completion. Explain mechanisms/operating procedures to ensure timely and effective arrival , for shipments (including Waste Manifest correctness, labels, etc). 2.8.2 Work References Contractor shall submit a report that reflects the experience of the firm with the same nature and magnitude as that of the services to be provided. Such experience must be no more than five (5) years prior to the date that the proposals are due. The report shall include services and year(s) provided, contract amount, and the name, title, address, and phone '� number of a contact person who is familiar with the services rendered. VV'V`J��v.h'�2�'ltag2-��l`v'Go'�.CC�;�' 23 2.8.1 Subcontractor/TSD Facility Qualifications and Capabilities For each subcontractor or TSD Facility attach a copy of their current Statement of Qualifications (15-page maximum, 10 pt type minimum). Identify the company name, address, telephone number(s), and FAX number(s) for the local office as well as the headquarters and give a brief description of tasks that will be performed by the subcontractors and subcontractor's facilities. � L �� Sub Contractor / TSD Facility shall provide a description of its capabilities to perform the tasks that are proposed. Tasks shall include normal tasks as well as, if applicable, response to emergencies, handling off-spec materials or waste streams, cylinders, unidentified wastes, and other pertinent capabilities the provider may want the City of consider. The capabilities should include a description of equipment available to perform duties, specialized personnel, and contracts including emergency response contracts. • Provider may submit a list of references. Please include the contacts company name, position, phone number, email address, and address. Please provide a brief description of duties performed for the company referenced. • Submit a brief resume (one page maximum, 10 pt type minimum) of each professional person who will be assigned to this contract. Identify key persons by name and title and describe the primary work assigned as well as the percentage of time each person will devote to this contract. • Submit an oraanization chart depicting contact arrangement from the City to the Provider to the subcontractor or TSD Facility. Identify key persons by name and title and describe the primary work assigned and the level of decision making. • Document experience in performing tasks that are being proposed. If applicable, document the provider's experience in training personnel in the management, identifying, packaging, transporting, recycling, re-use, treatment and disposal and the regulatory requirements of each. INCLUDE A COPY OF THE QUALIFICATIONS FOLLOWING THIS PAGE WITHIN THE PROPOSALPACKAGE www.heritage-enviro.co�� 24 COMPANY INFORMATION � � Heritage Environmental Services, LLC Servicing Office: 1840 N. 105th East Ave. Tulsa, OK 74116 Office: (918) 627-2671 Fax: (918) 627-2108 � Corporate Office: 7901 W. Morris St. Indianapolis, IN 46231 Office: (317) 243-0811 Primary Contact: Ricky Belk Operations Manager Tulsa, OK (918) 629-1324 (918) 627-2108 Fax Secondary Contact: Casey Moore Sales Manager Tulsa, OK (918) 627-2671 (918) 627-2108 Fax ^ WEB-BASED CUSTOMER SERVICE SYSTEM The Heritage Environmental Information System (EIS) is an Internet-based program that gives our customers the ability to access their data and download reports on a 24-hour, on demand basis. Heritage is committed to being a full service environmental company and this includes the ability to communicate with our customers electronically. In addition to our already customer focused programs such as the Environmental Assistance Program (EAP), Single Point of Contacts and On-site Services, Heritage has enhanced services by offering a virtual waste management system. This web-based multi-faceted program allows you to: • Prepare and Submit Wastestream Profiles Electronically • Download Report Information to Your System (including Annual Reports or Corporate Summary Reports) • Receive Monthly Compliance Updates • Track containers internally through a Barcode Container Management Program that allows Heritage to Provide Tracking Information • Interact with Customer Service Electronically on such issues as Profile Approval status; Quotation Updates; Manifest, Labels and LDR Forms; Waste Receipt and r Manifest Tracking. The Heritage Environmental Information System (EIS) employs state of the art security (Verisign SSL), which utilizes digital certificates to encrypt data coming back and forth. Every user is assigned their own username and password. Each user has a defined set of data that they can access and are unable to obtain data for companies other than their own. The levels of clearance can also be tailored within companies, thereby allowing Corporate level contacts to download data on a company wide basis while restricting local contacts access to only data for their respective location or region. Heritage has done everything reasonably possible to ensure the security and integrity of each customer's data. � �V `i ��i v`'J, �.v!�..��,��v. � , _. ,,,.,�.�'� �_ 25 � v �' - ------------- ---_._----.. The Heritage EIS is different from our competitors in that our system is free and has no limitations to vendor access. This web-based program allows access to these valuable tracking and reporting capabilities without the need for expensive software or extensive training for your staff. � QUARTERLY "WASTE" SUMMARIES The Heritage EIS system detailed above will be utilized to provide this reporting. In fact, the customer can pull this information off of the EIS system 24/7. EMPLOYEE RESUMES Heritage will assign one Single Point of Contact for this contract. That person is Ricky Belk — Operations Manager (Tulsa Service Center). Attached you will find his resume. As the single point of contact, Ricky will manage all aspects of this project from wastestream profiling, to project/waste scheduling, to lab packing and characterization, to paperwork management, to shipment completion (including CD's and invoicing). All communications and project related tasks would go directly through him. While other personnel will be involved, Ricky will act as the liaison between the City and Heritage and will oversee the entire projects and all aspects of the project. Casey Moore and Jessica Klingel will provide additional internal Tulsa support, if needed. Should the need for additional assistance arise, Casey Moore will act as a back-up single point of contact and project manager. � L L � � L www.heritage-erviro.cc� �� 26 � � Ricky Belk Operations Manager Education/Training B.S., Chemistry, University of Central Oklahoma 2001 OSHA 40-hour HAZWOPER Training, OSHA HAZWOPER for Supervisors Cylinder Management & Safety Awareness Training, DOT Training Transportation Spill Response Training Adult CPR/First Aid Training DOT Waste Manifest Training ✓ 13 years of waste industry "field" experience ✓ 12 years of Household Hazardous Waste management and coordination ✓ 12 years of project management experience ✓ Strong working knowledge of EPA, DOT, and OSHA regulations. ✓ Strong emergency response experience/skills ✓ Strong personnel management skills ✓ Extensive waste disposal and Summary transportation knowledge An Operations Manager for over 8 years with a total of 13 years experience in the waste industry. Currently oversee all day to day activities of a Service center that participates in all aspects of environmental services. Responsibilities/Skills/Experience includes: • Extensive Household Hazardous Waste experience; o Participated/worked on over 100 collections; o Manage/Supervise more than 70 collections; • Waste Disposal and Transportation Management and Coordination; • Personnel Management and Supervision; • Health and Safety Training and administration (Including Health and Safety Plan preparation and presentation); • Day-to-day Project and Emergency Response Management; • On Site "Field" Management and Supervision; • Knowledgeable source of EPA, OSHA, and DOT regulations; • Management of Sub Contractors and Agreements; • Report documentation, preparation, and presentation; Work experiences, skills, and knowledge include the handling and managing of hazardous waste and materials, oil, compressed gases, household waste, as well as other hazardous and non-hazardous contaminants, pollutants, and materials. Household Waste Experience Project Manager City of Fort Worth Household Hazardous Waste Fort Worth, TX January 2003-present For the past several years I have been responsible for the management and execution of the City of Fort Worth Household Hazardous waste contract. This includes coordination of assets, point of contact between internal operations and the customer, profiling of new waste, reporting and invoicing. v''�r ; `vrv'•i . �� . _ � �� " :� �: v�i ^�. , � .. ,� . 2% ORGANIZATIONAL CHART G City of Fort Ricky Belk Operations Manager Single Point of Contact Waste Profiling Jessica Klingel-Customer Service Waste Scheduling Jessica Klingel Customer Logistics Gene Parenzan-Logistics Manager Paperwork Ricky Belk-Operations Manaaer Labpacking/Waste Characterization Ricky Belk-Operations Paperwork Management Ricky Belk-Operations Manager Discrepancies Ricky Belk-Operations Manager r Paperwork Return Ricky Belk-Operations Manager Invoicing Ricky Belk-Operations Manager Casey Moore Sales Manager Alternate Point of Contact ,�`�,,� ,'f . ,:'v: ..�:��-:.;��: � :, .,, �•;,:�" 28 WORK EXPERIENCES / WORK REFERENCES STATE OF MINNESOTA (�$750K/year) a. Washington County-Stillwater, MN Site Location: Woodbury, MN Various mobile sites throughout Washington County � 0 0 Site COntaCt: Mr. Adam Frederick Environmental Program Coordinator Washington County Dept. of Public Health and Environment 14949 62nd St. N P.O. Box 6 Stillwater, MN 55082 (651) 430-6702 adam.frederick co.washinqton.mn.us Description of Work: Heritage received a 4-year contract extension to our original 2-year contract for the management of the Washington County HHW program through the end of 2008. This contract entails the management and operation of a permanent facility in Oakdale, MN as well as approximately seven mobile collection events. The HHW Facility, which is open 3 days per week year-round, received waste from over 24,000 residents in 2008, while the one-day mobile events have ranged from 200 to 800 participants per event. In 2008, this facility handled over 525 cubic yards of paint (oil-based and latex), 7,200 gallons of bulked solvents, 115,000 pounds of lab/loose packs ,and 17,000 pounds of aerosols in addition to other wastestreams. In 2008 Washington County executed a new contract to continue to utilize Heritage to operate the permanent and mobile HHW program for a period of three years with two potential one-year options, until 2010. During this time period Washington County commenced the design and construction of a new permanent facility to operate the HHW program. Heritage also played a key role in helping Washington County design their current state of the art facility while conducting closure of the previous one. Ultimately, this facility was located in Woodbury Minnesota. In September of 2009 the new Environmental Center opened to the public in Woodbury, Minnesota. This facility provides for the drop off of Household Hazardous Waste Materials, E-waste, and Consumer recyclables where these materials are segregated for recycling reuse, or disposal as appropriate. www.heritage-enviro.co�� 29 b. Western Lake Superior Sanitary District Regional HHW Program — Duluth, MN Site Location: 2626 Courtland Street Duluth, MN 55806 Site Contact: Heidi Ringhofer (218) 722 — 3336, ext: 317 Descriqtion of Work: Since 2002, Heritage has received over 175,000 pounds of lab/loose packs, 50,000 pounds of aerosols, 20,000 pounds of non-friable asbestos as well as other assorted wastestreams from this facility. WLSSD staffs their facility internally but relies on Heritage to be their technical experts. Heritage conducts an annual Hazardous Categorization Training Session for all of our state agency customers in Minnesota in order to keep our customers apprised of any regulation changes as well as providing a refresher course on proper waste handling and packaging procedures. c. Hennepin County — Minneapolis, MN Site location: Various throughout Hennepin County Site Contact: Bill Leonard (612) 348 — 8994 � Description of Work: Since 2002, Heritage has performed 6 mobile collection events for Hennepin County at various locations. Participation has ranged from 700 to nearly 1,500. During these three-day collections, Heritage is contracted to manage the proper handling and packaging of all lab/loose pack materials as well as aerosols. Heritage also shuttled material on a daily basis back to the permanent County facility. Heritage has managed over 50,000 pounds of lab/loose packs and aerosols at these events. d. Illinois EPA—Springfield, IL (�$600K/year) Site location: Various throughout Illinois Site Contact: Dan Rion (217) 782 — 9284 Description of Work: Heritage, in conjunction with the IEPA, manages and performs 5-10 household waste collections per year. These collections run in the spring and fall with a collection time from 8am- 3pm. These collections average about 1,100 cars (ranging from 400 to 2800 cars in a single day) and 95,000 pounds of waste (ranging from 40,000 to 250,000 pounds in a single day) per collection. These collections require at least 16 Heritage employees per site; however, they are generally staffed with 24-40 employees per site, depending �Jd � vy�,, V",-�:��;:,-� d;'v,.J�'_: 30 on the number of cars anticipated. A`Paint for Partners' and � � Transportation and Disposal from various permanent HHW facilities was also part of this project. Heritage has managed this program from 1994-2000 and again in 2001-Present. e. City of Indianapolis — Indianapolis, IN (�$500K/year) Site location: Various throughout Indianapolis Site Contact: Richard Wise (317) 327 — 2423 Description of Work: Heritage has been working with the City of Indianapolis on household hazardous management for over fourteen years. Heritage provides one or more large collection events each year as requested by the City, and operates the City's four permanent collection sites. f. City of Kansas City Missouri — Kansas City, MO (�$500K/year) Site location: Various throughout Missouri Site Contact: Lara Isch (816) 784 — 2081 Description of Work: Heritage has been working with City of Kansas City, MO on household waste management for over 10 years. Heritage provides proper handling, packaging, transportation and disposal of household chemicals for the City of Kansas City, MO and as well as six surrounding counties servicing over one million people. I � � ` L r�- � ` C www.heritage-er�viro.cc�� 31 2.7.1 LOGISTICS The following is the Heritage standard operating procedure for handling the transportation and disposal of hazardous materials: i. Profile the waste All waste shipped for management (recycle, treatment, re-use, or disposal) must be profiled into the accepting facility. Because Heritage will be the generator, Heritage will complete, sign, and approve all necessary Wastestream profiles. Heritage will work with the City to properly profile the materials. Once profiled, the waste may be scheduled for pick-up. ii. Schedule the waste pick-up The City will schedule the waste pick-up with the Single Point of Contact, in this case, Ricky Belk. Heritage will schedule the transportation and coordinate all necessary paperwork and labels. iii. Waste pick-up The transporter will show up at the designated time. Once the waste is loaded and the containers have been counted and double checked, the shipping paperwork will be completed and the waste will be transported to the designated treatment and disposal facility. iv. Transporting the waste In most cases, the waste will be directly shipped from the City facility to the designated treatment and disposal facility. r- From time to time, a 10-day transfer station may be required to move the waste to the final treatment and disposal facility. v. Accepting/Managing the waste Once the waste has been delivered to the treatment and disposal facility, the facility will manage the waste according to their permit. This will include storage, QA/QC testing, and waste management requirements. vi. Post Treatment Management of the waste The final shipping paperwork will be signed and returned to the generator along with any additionally required paperwork (CD's, Reports, and Invoices). MANIFEST/PROFILE DISCREPANCY Any waste profile or manifest discrepancy will be communicated through your single point of contact. _ � ..,,� � ,.r 'v� ��,;.�d��, ,v ,�;-,��-�:;; ��y,; ��-��. _ . 32 � Upon determination of a discrepancy, Heritage will: i. Communicate the discrepancy to the City (Review and Authorize the changes). ii. Note the discrepancy on the profile or the manifest. r iii. Return the proper paperwork to the City. From time to time additional analysis may be required prior to final determination of a discrepancy. Heritage will continually communicate the findings and discrepancies to the City for review and authorization. Transportation and Paperwork Operating Procedures The Heritage waste management computer system ensures that the manifests and labels will be accurate and complete. In addition, Heritage will utilize internal transportation fleet to ensure punctuality, technical & professional ability and reduce/minimize risks for the City of Fort Worth HHW: • Completely understand the waste pick-up; _ • Arrive at the designated time for pick-up; • Deliver the waste at the designated time. Should there be a deviation from the initial waste pick-up or deliver, Heritage will work with all associated parties to rectify the situation as quickly as possible as well as continually communicate all information to the City as it becomes available. �L � L � � � � � � � ` � I �� www.heritage-2nviro.co � 33 L��7 �+.� � J j } � L J f� � '� L us T� EzJ � e1 i,L � ;i'�' C t � � r.. w: L � � ti� � -.� ,� �� t�7 � r - _ � i . { L� _ � _ � �- L � � � � T S7 �� .. � Ir: 7 _ � — '-1 � r �, �i -�L: = � ,� J. � _ � � +�' a �. L � I a_. — g= r� °_ _� �� } - � r• F� �, � � L' � �k � � � � � `. � � _i � L! i' ;.�' � :i '`9 '= ��y � � _ � }, J .:.I www.heritage-enviro.cc.�� 34 � _ _ __ __ -- - __ __ ___ __ _ _--- List all TSDFs to be used for this project. This page may be copied if more space is needed. Attach relevant page(s) from RCRA Part B permits following this page. 6 Facility Name, Phone Primary Contact Type of Disposal EPA and State Owner, And Number Person ID Numbers Heritage Environmental (317) 243-0811 Ricky Belk reatment, Mercury IND093219012 Services, LLC (918) 627-2671 Recycle, TSD Mass 901 W. Morris St. burn Indianapolis, IN 46231 Heritage Thermal (330) 385-7337 Ricky Belk Incineration, Fuels OHD980613541 Services (918) 627-2671 Blending 1250 St. George St. East Liverpool, OH Heritage Environmental (816) 453-4321 Ricky Belk reatment, Landfill, MOD981505555 ervices, LLC (918) 627-2671 De-pack, 525 NE 38t" St. Incineration Kansas City, MO 64161 Covanta (918) 699-0011 Ricky Belk Waste to Energy 122 S Yukon Ave (918) 627-2671 ulsa, OK 74107 In regards to permits, Heritage has volumes of pages of permits for each of our facilities. If there are particular permits you would like to see, we will be happy to provide those to you upon request. Heritage TSD facilities handle a wide variety of industrial wastes, including: • Waste acids, including HF/nitric, pickle liquors, and acid cleaning solutions • Waste cyanide solutions and solids, including a potential cyanide destruction process • Spent plastering baths or printed circuit board solutions • lon exchange regenerants • Landfillleachates � Spent chromic acid and hexchrome waste • A wide variety of heavy metal wastes • Wastewater treatment sludges, both pumpable liquids, semi-solids, solids, and filter cakes • Hazardous dusts, including EAF dust and incinerator ash • Supplemental fuel wastes, including oils, paints, inks, solvents, pastes, and greases • Lab pack chemicals and HHW wastes • Spill cleanup residues • Soils contaminated with inorganics The Heritage incinerator in East Liverpool, OH can handle a wide variety of organic wastes in drums or bulk. This incinerator is considered the most technologically advanced incinerator in ��',-�,�'�'v, �:�:',:?�;c-�,�. �;:'�, �., M. 35 the United States. Wastes can be accepted in drums, bulk liquid, pneumatic tankers, roll-off, � and dump trailers and by rail at most facilities. Heritage Transport provides hazardous waste transportation services to Heritage treatment and disposal facilities, and other EPA approved facilities. Heritage Transport has ICC authority in the lower 48 states and state hazardous waste transport licensing in most states. Truck terminals are located in Indiana, North Carolina, Illinois, and Missouri and Arizona. The fleet includes coded tank trailers, sludge box transport trailers, dump trailers, and van trailers for drum transport. Most of the tankers are equipped with vacuum loading systems for efficient loading of industrial wastes. Heritage has lined tankers that can handle very corrosive materials and portable storage tanks for temporary or long-term storage. Heritage sludge boxes, both open top and closed top, have sealed doors and tail gates so that the potential for leakage is eliminated. We also manage an extensive rail fleet of tank cars and solids handling cars. Heritage Transport operates a nationwide drum waste transportation network ensuring prompt service for generators with small volumes of waste. The Heritage Technical Services group provides a wide array of services and programs that are flexible enough to meet our customers' various needs in the most cost effective manner. Heritage's programs can be set up to provide comprehensive (segregating, packing, shipping, etc.) on site services or allow customers to pack their own materials by providing the necessary technical expertise and support. The Damaged Goods Service removes and disposes of commercial products in original packaging that are off-specification, damaged or have exceeded their shelf life. Heritage uses only environmentally acceptable methods of recycling, treatment or disposal. The Lab Chemical Disposal Service is a systematic method for disposing of laboratory or small volume wastes. Heritage personnel can inventory, pack, and transport the waste for treatment to our treatment centers, or customers can pack the chemicals themselves with instructions and materials provided by Heritage. Heritage also provides labor, equipment and management services for Household Hazardous Waste collection centers and collection day events. The events, sponsored by municipalities, state agencies, and industrial clients, provide for various household cleaners, waste oils, herbicides, pesticides and other small quantities of household wastes to be disposed of in a safe and legal method. Heritage identifies, categorizes, packages and disposes of these materials. The complete capabilities of Heritage allow all labor, supplies, transportation and disposal to be handled through one environmental company. Heritage supplies instructional materials, documentation, shipping labels and markings needed for proper shipment of the waste to our treatment centers. Heritage also has capabilities to track damaged materials at our customer's site through our computer management system. Formal reports summarizing waste activity are also provided to assist in maintaining the necessary compliance records. Covanta handles non-hazardous materials into a waste to energy program. At our facilities, non-hazardous municipal and commercial solid waste is combusted in water-cooled furnaces at temperatures greater than 2,000 degrees Fahrenheit. The process reduces the waste to an inert ash that is only about 10% of its original volume. Additionally, all Covanta facilities use advanced air pollution control equipment and monitoring devices, which maintain strict state and federal emission standards. Many of our facilities also have wastewater treatment capabilities that make it unnecessary to discharge processed water into the local sewer system. For every ton of waste processed in our facilities, we avoid the need to import nearly 1 barrel of oil or mine a quarter ton of coal. Annually, we process more than 19 million tons of waste, which saves this nation nearly 19 million barrels of oil. Energy-from-Waste facilities process 14% of municipal , - ,, � . .. �v, ; v',,, v ,�.�;Jv-� ,�";:: ,. . . 36 solid waste in the United States, serving the disposal needs of more than 37 million people and producing enough electricity for 2.8 million homes. www.heritage-enviro.cc M. 3� 2.10 PROPOSED WASTE DISPOSAL OPTIONS This matrix lists most of the common types of waste collected at the Environmental Collection Center. For each waste listed, please indicate the proposed waste disposal method by placing a check mark in the appropriate box. If a particular waste can be disposed of by more that one method, please indicate your preference by placing the appropriate number in each box, with "1" being the most preferred method, "2" being the next preferred method, "3", "4", etc. In addition to the listed methods, highlight any innovations or new technologies proposed. Waste Proposed Disposal Method Material RCRA Landfill RCRA Incineration Treatment Fuel Blendin Other (specisy) 2 1 Acids/corrosives 1 2 Brake fluid 1 2 Drain cleaners 2 1-WTE Fertilizers 1 2 Gasoline 2 1-WTE Glue/adhesives Herbicides 1 2 Home cleaners � Insecticides -Recycle Mercur � Nail polish � Pesticides 1 2-WTE Pharmaceuticals � Poisons 1 2 Pool Cleaners 1 2 Solvents 1 2 Stains 1 2 Strippers 2 1-Recycle Transmission fluid 1 2 Varnish L �— www.heritage-enviro.cc�^:� 3s _ _._ _ ___ _ ---------____ � . �' 1 1 � 1 �; =T:`:-'�J 6 �: }- :�".l-:=• . : - �tii :'L "Tf-�r: fr�llr�airr� �tf�irr��ii�:�'o �= �-::� ii-F::; �,.° �:*��: �IS�p �P F�� '�f�rtl� ir`, G�er t� ��TRf� �t�tll-, �� i1� i�'raj•k ra� �i�l� ��. �:�Mr= �_ �:ti� =r�:r�r�,r,�T �� '= a' �� . 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F��i�uf� ;ra ��r��:i1H �II -r��_� �� i�^�raf�i'rd�iL'-rj �,�sr�i�- r=��i� ::��a��y�� {�r��? �Fu�ll res�.t ir: :`� �pp�nt I�a� �i��es �� r.G�sir..�r�r� r��•rr.�.�r.,� ;r4�F•, >�n�-1 tn� =�y�s�::1 �7�i nkj�i5� �ir��j �r�i�]�� t�r �a'��Y'i;l T=�ti�.� u�`��rE�r�aMl=�`+!T �.f`a'= ��.�L�_ii ��in4. � T��3 ��rr3i�i�r�t i�l��r' �� r.�nc1�� ,+�i�� per��ia:� �I��: �:rf ::u.;n�s�;" i, �r tn� �1�� :�: 3.r��_ �e�::e�:; i�� .� r�1['fP�L;LCJ� �.1'1L'S+� ^,�f1��t�+ {:�3�'�'st � s��Y��[`�� •.i �:��uf+�� ct�.,:•�• h�s iL� _rin�-ip��l �� _� c�f tz�sirisa irs tt�a �i�x rrt T�}:..s. TC�� °a'F�f�lt�l�l',IT [i��S�F '; � �� :ll:�l r�itir�� + "��ri��i+�� ii�1€l��" a�• 3 n;��-k�� °�"�r�:� ��i:�� ;�s�ri�r�^�� t��' r`t#�jc�';l•r �_��r-=Nr �_�� ti'. n�+_ ii. �ri��-i�l �Ia�� t �I.:SaIIK�Fi�� - in tir_� �.st� �rf Tck.�t �i ti r L �J�:�r � �c�np��ic __rn�arrti r�rr�e: I�� "�, -��h r�� i .�� •. t'�:!`�ri•.a!�.� fi��-. ' -��t :' � �_.. �, �.;��t� •r��r ��ir�� dre� n tfic �a=e �r�-�a��ad ��Faw if �x�u ar� .a T�x#�a ��fi# k�i��l�: �i�k� �� tir h_�i�;i �sti• ��jr�:=.� :,-� I� i� �� i�;�i�� t�akiw i� •�s1sa �r±� �.� �lanre-si��rt L�iddor ��' 4 � ��'' =.� � � �•*� �'� '�-� �'� � ��`� �' `r- - � �._�� .: L• 'Tr�e -�tatc �'urr�as.rtig ar�� r��rat ��rws�-� ��a�.�i�� w �'�iis:�_��j' � t-a� �S� a-��i�� _ i� �s_��: F�-ir,� F��I F'.��c �� .J�ir�c-s ir, T�exa� rn��n ,, ��-,r .�rs.� haT� �i ��_ = r- -, ;=._� =�� 1�� in tf`� �, �1�� 4;�� T�:�n�. ��'�i ►�'s� t+�:,��.� �iLl��' _ ��= �::- I��.�1 sar� Gr�r�narrt� i�ifi�k: IL.�:�t�� :� F;•�� -!��a �'3t� �1 -�c,j��. l,--3n r,�Farh t+�sir�ss ��:ii�rili�ti JL��r Lti�-� �Lr�r-�t.lir� I�is l� r��--r�r�=rit�l a��n_irR� ��; :::�,��Yt� �n� 1T��'S �- ��i�,t.h'^�: ��1 i� ��.�,'��fit�. �iw� _ h:� at ��: ��-t� ern��r.� �t� aa�� n tt�t� T�a+t�,� r��r...R � Fr�rr-n ��-�Fti-5�sc�:: -� +Y } ti'-'',•- k �,�,'�ti��,'�- F��i'� � -.� �{_ P4 ��• .y� �- Tiil� '-� i �� ,�_� �a�� EM"r_#-(1=: HHtiy�a aµ�xrrL-� _�; L=�i1 � �� www.neritage-enviro.co�^� 39 �.1� ��4�t�C�-�r:��r��%��l:�l'� fi,l �': t f � � �tit:�,•i� �yrN r�;�ir�� ;r�r;ly� ti�ilh� �h�Nlw!- `?, -1-14rnan �c��s,' .�,rr.sl_ 9:!' : `G�scrnnab��,' G�ai�i�r ::r, 'Er�ial�ysr�rt. Fr�rii��,' trf -:-k, [:�:tst�e r�� ttrri ::�hf :;? Fti:�i '�9�C�h. �r��'iis�'.�r� �:�fir�i•�_!i�_-�-� i-� �n�:��rre�nl _rtit::l�s. Rr��s-r 4�-�es dvt F��r. r: ,�rr-��a��,r� �afiir_�; a��ni�, �::rr�ct�� ar _„ul-�n�r�►.l��r.� f�a:e� �ic� r,,��rn��t.� '�,��i"� �II F�tr_P.=�a��i� _`{ ��•1_i ��r�ir�r�-�, ;Jt.; tE�l :7� errpl��-�, F��iF��L a��i:.arrl, �ntntkur �-�r �1 I;iV:�5�1'.37t� F"�.3� �5�:� �� i�r,r�iw� ��I��r .3�_a,��rr�rK� k� � li"tC f�f'113 t�i �9�1:�1 �t�l�ll�� , F`-t�=,�. t� rnph_��s, orfficc,�rs, a�r�fis., =�r�lr�=b::� r�r ,u��r.r..tstr�;:ir.r� rrr�i?�. F��G��:�EF!. .� �� i ,• Lti�4, N �t� ti I y.�� «��.. �m�an�• � � �� '—%4,� ��_ � ,�� `--� . •b�'#�F5 —:-- ��:', --,,L,°,� =�'•��..� 1 .: � _ ' - '•�� : Cr, �:�ii � G� �','�'1�•lil: l==�'�� Ci�G�'°TI�^- l��s i�'�� , � '' y� � v# I' �' � $ �f�� _ '�:�`' _ �'`_' � ' - ' ;I��E k 7f h�]C �� 7' ��-�.Yr� 4,'; ;" , r '- ... . �_ �l , �.r��_.-•� = - -: -_.__.. — : � t�-'�it.F� a � 4�4,�,.. � � �� — Tit�s I;:�t�i�i, �Y � . www.heritage-enviro.cc�� -�C 40 2.13 INSURANCE CERTIFICATES Heritage Environmental Services, LLC (Heritage) is not a subsidiary of a parent organization; although, the shareholders of Heritage are also the primary shareholders of several other companies, collectively known as The Heritage Group or THG. Given its sizable combined insurance requirements, THG companies (combined annual revenues of over $1 billion) have significant buying power, as well as the resources to be self-insured. This arrangement provides Heritage with the competitive advantage of obtaining extensive insurance at a cost much lower than is available to a stand-alone company of comparable size. Heritage maintains the following insurance coverage: Coverage Coverage Amount in Dollars Per Occurrence AQare ate Pollution LeQal Liability Treatment Center� 10,000,000 10,000,000 x The Heritage Landfill in Roachdale, Indiana is considered part of the Indianapolis treatment center from an operational standpoint. Consultants Environmental Liability Professional Liability 10,000,000 10,000,000 Contractors Pollution Legal 10,000,000 10,000,000 Liability Comprehensive General 1,000,000 2,000,000 Liabilit Automobile Liability 1,000,000 N/A Umbrella 10,000,000 10,000,000 Workers Compensation and 1,000,000 1,000,000 Employer's Liability The insurance coverage(s) stated above either equal or exceed the regulatory minimums. Heritage also has the financial assurance to meet the state regulations requiring the Company to provide evidence of financial responsibility for monitoring the closure and post-closure of its hazardous waste facilities. The Company has obtained, and placed on deposit with the appropriate state agencies, irrevocable standby letters of credit from a bank. American International Group (AIG) has provided continuous pollution legal liability coverage to Heritage since 1980. Heritage's largest and primary treatment center, the __.f�, .,„_ .�� J.�UW..�V.V� , .,.� :�t.:�'J�v vi i�:;:lt.�,�.�.1 _. 41 Indianapolis treatment center (including the landfill), has a regulatory minimum of $4,000,000 per occurrence and $8,000,000 aggregate. As stated above, Heritage carries a$10,000,000/$10,000,000 coverage for all treatment facilities. Common industry estimates indicate a pollution occurrence generally never exceeds $5, 000, 000 in liability — Heritage's coverage equals two times that total. The deductible on this coverage (which includes all facility locations) is $100,000, a sizable amount, which indicates the confidence that AIG has in Heritage's financial strength. Moreover, AIG has indicated a willingness to extend the pollution legal liability coverage to $20,000,000/$20,000,000 and even up to $40,000,000 per occurrence. Finally, AIG looks favorably on the fact that all Heritage treatment facilities and the landfill were Greenfield developments. The landfill was originally sited in 1981 and received the first commercial hazardous waste landfill full Part B permit in 1986 -- it was not purchased from a third party. The insurance industry has historically perceived landfills as high risk due to the fact that many companies owning landfills (primarily sanitary landfills) have purchased such assets from a third party -- the inability to identify potential liabilities "hidden" in the landfill prior to the purchase offers the highest element of risk. Heritage's field services group provides a broad range of environmental contracting, engineering and consulting services to private and public organizations. Heritage maintains contractor environmental liability coverage of $10,000,000 per occurrence and $10,000,000 aggregate with a$100,000 deductible. Moreover, the Company maintains a surety credit line of up to $30 million per project (i. e., performance bond per project). These dollar amounts provide prospective clients with the assurance that not only will Heritage provide cost effective, environmentally sound solutions, but also HERITAGE has the financial integrity to do so. The projects Heritage has performed have ranged from $500 to $20,000,000 and have encompassed a variety of services including: soil excavation and removal, liner installation, landfill capping and closure, recovery and monitoring well installation, facility/equipment decontaminations, tank management and remediation, risk-based assessments, permit applications, site investigations, and on-site treatment involving state-of-the-art technologies. Effective financial assurance and liability insurance compliments Heritage's overall financial strength and conservative business practices, in providing customers and � business partners an additional "layer of protection" in establishing and maintaining business relationships with Heritage. � ,� www.heritage-enviro.co�� 42 j�� 4P IO. E}g �, �.�,�,� =+.-f �atnrenr � - �.E�TI��:�T� �F �[�►�IL[T�'� I�I�[Jf��I��E D6'Li,'i� 'y� iLy13Y7_Ait 1Y 1�5i.� R� b MAf �tN. C�' II��;tCYAt?_'N +':N_7 A4L' C"_PtEll.� 4D M�Hty LI'��Y tF! 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The �=�:!L -:a-� uvJ sap� � nqtrlrtd rrtt!i� a1141:a:'i� � www,heritage-enviro.cc��: 43 �.� � F!�: �'��ICiEI�'�3 L-i.�E.�a �F,,;1 � ��.�.T '1��,T� F'r�-j��icl�r �I-�i eir*��ur� r�7 K•=+�rr�i� SirJ I:�ii�i�3.. �3'r �f t�'��r��_ r�si�, a� �� z�r�i -�i�ti �! rcr.r� n�r,�+.s,�r! .�r� r�:s�srt 7a tt�z t�.ra �nt �ra*+�: ar�s:aG�rxi ^i ;h�x �rric_ Hr�7.a�.�i�fi ��,�t }.rti��41*� .a r�#r�� r..' 1t-�e ;,��F�ri?tr� ��Ftf��il��r� *��'Fr.�n�. ar�i fr�i�a� �r�� r�iatc� �-rli�lcs I:�ciudi-�r L��t•r�-ilr-�r��Y �Aith il-esr s�L�ni�l. Pr�ti��ir.r S�r1.iEi inr.i.i::t� ��ir� �+i :�rr� ��'�-r�rr� licerr�.� �nd �:nii:-��.t�:� fr�an-� �U?� �L,� , T JE �. �1�. �i•�j �� _r: ivH ;�r�� i�' �ri�_�vt�� I I t}+��, :�� L'��LILM• �Iµ��~ ��1'.'• I9�J�~-I LI }7 �iit+� I �n •�i!��i3r�+��ri .a�,��i �i��jF{. ti-►. r�r�,ii��:*ri� �:' i�'� ��1�-�n .ar�y ni�n:l� kn �.;�::rrr�t� �rr�lfi� s:,�rr� i- d-k� �x��trr� �f �ti� �ra�_I. � � � �` �'�t}"�r?R:�i11 �1 F�: � ' 1 � r S •' � "ya •� � t:�ay'�1�i�r� F�L�r ;��, `�� 1 4 ��`�-�-. �-- 44``Y`u•-� �� ;��,� �i`s-- �� °-�_�1.� _ r � t5� . ;.^,��+:. � F, - —� ,� � r � J 'ti I ;,��I�' 4��t . `�-�"� �� :t- 4� r: �Si�if�F��aPfy��+�'"e.�'Y� :i''�t.i�'uiF:i'f, � � .� = : -�•"3r.-y��_ , ;s��t.�; . .. - �� -' . �-�� Tii� ��: � t. i F'_G�E I;�+.�L�� :�.F'F'_I��L� LI�:Ef�a=•=v .�1`aG ��F�T�FI�;�� l�`?`a�• F��L�41�1�_ !HE ��[r��['�#�1'+�'I�fHl�1 �;--IH F'!=ti[JI��a��,. 4=�.�.C_K.�,i�� _�,�°��ia-��1 - ;�°�_ _�,_;?�ii�t s I �, � �� : www.heritage-enviro.co�M � 44 2.15 CONTRACTOR'S LEGAL AND COMPLIANCE HISTORY Contractor's legal and compliance history is a critical component of this Request For Proposals. Read this section with care and respond accordingly. Failure of the Contractor to provide all the information requested and to certify the report, will result in the Contractor's submittal being declared non-responsive. Contractor shall attach a written report of leqal action brought against Contractor, Contractor's officers, Contractor's employees, AND Contractor's proposed subcontractors relatina to the protection of the environment. The terms "legal action" and "relating to the protection of the environment" are defined below. The report shall include all legal action brought within five (5) years of the closing date of this Request for Proposals. The report shall detail the substance, status, and outcome of such legal action. This includes without limitation the names of the agency and/or persons bringing the action, all relevant dates, and all fines, judgments, and/or settlements. Include the following information for each case at a minimum: • Style of Case ( X vs. Y) • Settlement Information (as appropriate) • Cause Number • Names / Addresses of all parties named • Court • Counsel List and phone numbers • Date of Disposition • Judgment and Order of Judgment "LEGAL ACTION" means: ANY enforcement action by the United States Environmental Protection Agency, the Occupational Safety and Health Administration, any other federal agency, the Texas Commission on Environmental Quality (including its predecessor agency the Texas Natural Resource Conservation Commission), the Texas Department of State Health Services (including its predecessor agency the Texas Department of Health), and any other state agency, commission or department, whether in Texas or elsewhere, when such enforcement action is a result of violations, real or alleged, of any laws, licenses, permits, judicial orders, or administrative orders, relatin to the protection of the environment. In this context, enforcement action shall include without limitation, written warnings, notices of violation, consent orders or agreements, compliance orders, administrative hearings, civil litigation and criminal prosecution. Legal action also means any civil litigation brought by any person relatina to the �rotection of the environment. "RELATING TO THE PROTECTION OF THE ENVIRONMENT" means: requirements pertaining to the manufacture, processing, distribution, use, handling, storage, transportation, reporting, records keeping, permitting, licensing, treatment, disposal, emission, discharge, spill, release, or threatened release of hazardous materials, hazardous substances, hazardous wastes, toxic substances, petroleum, industrial waste, solid waste, pollutants or contaminants. THE REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the Contractor, using the form on the following page. The top portion of the form is to be completed if a report of legal action is attached. The bottom portion of the form is to be completed if Contractor has no legal action to report. Make certain that the appropriate portion of the form is filled out and signed. ��, ��1`�,i ��'��, �: �P . _�:� �- ��:; �. �� '.; . .; �.. "�� 45 AN AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR shall mean: (1) if the Contractor is a corporation: the president, secretary, or treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision- making functions for the corporation; (2) if the Contractor is a partnership, a general partner; and (3) If the Contractor is a sole proprietorship, the sole proprietor. INCLUDE A COPY OF THE REPORT OF LEGAL ACTION FOLLOWING THE CERTIFICATION PAGE WITHIN THE PROPOSAL 'f WWW.il2f Itag2-2�1VI�O.CC;i ,�� 46 � ��rt��ti��r: ��f ��r�� t��r'� L�q�l �� d ��rr. p�l ��;�� I-�.��r�, ;+SIil7 { fi ��`�� "l' y"�" f �� C+�MRa �I'7'1L3'si.f7 ; ��.�TC��1_ndi �f ��'�+7r }��f�l7 �k.t�pC�1'P ] :1L��r�a �i'��r �t�Fylt; L�' cr�,� ��'. tl�r� •51��"r�r9 _��:��I .�i�Jn f::��-t �I�iErr� �1=r��-��r�, _'� i?YLP.yfttr'�-5, i i#1ir_r�r}s. �-•1�'�'� ��ar � �i'iF��; ff++5�. .y��'ej �si ��1��:�1e'_�'� {�L�� =.u��r:a�_��r'� i�`+.�I �_ �,� ��ai��Q i��.harj ��` rx� �� t�fir-� p�11Y��*r�;r� ti.� ,-;�: �rp.lr��r��f�� w�35 �:�-� :�;i �ty Li.i�i �r�n,' a�i'� ::�u'i ui �.�y� L"�I�� n ��rl�r7rf�: 'il�:7�1 .a =°j.�f�5� ��:.i��i[:7� i:.� ��.�� r.-1Y �I,L��1� �]Tdi•�� 'i�r7 ��r �� nti+al� :�c nfr�-nat�� s��-ltt��. E!-�. :�� r� sr:f rt�:�u�; -=11-s: y��.�r,� �r �;�:n +e=►s^. T"� ?rL� '1�1i` ��'�'1-1� +71' �F]i� }k`T''��75 L"�fCt�ti1 fC'�Il�a�t� :Q' ��r:-L'iZ1? �f'aL` I.^,ru'T71+lf1'�'i; %'YI'.' r�r:r-i�•��t�� L�'.ni11►_-�J � '.�� ll-� ��: �af rrr}• krr<<,r�:1!j+_' �yl'� :It�il��. �!'Lr� �G�.LI'�lL�. 391la �TFiL�C. I ��i'� ��r,�f� tt'�t 11'��b �3�� N�y�rf�t'i1 ��`i�lti�� f_� g��'iil�ii�;� 1�t� i�7f�►=r3l��ri :rr�ud'rr� th= i��rf5i� �iC'.�' i�' �1�1�E �3��'��'',,:�rrY��rf. f�.� ki'ti�+lif�� ti'i �'�1:��'�-. =�'�i'<J:�1'i�F�:: d -�, 1i.r. -- ,� i� � , ��aTl��!T}' �l"la'*SC; � , . J. `� . i �,�' f I _�•- � 1�'.. � ��71',yT+�� , ti t�-�,- '��'� �-,� _ — _ i�rai �'��r�'��G+�� .1P�' ��' �u�i�r� .� � � � � � �-'La~'S �~� f I� �`-- ._.� ��i'i �5i ��i i�Hi�'ii+ �a� w�i�Hlt; i f'o I � t� � 4 �'� i ��i u='1ih1 I�i�yi�' �,_�zfh;- rr fa�� ti-.�t t�i-: I��; �:- c�rnpl4�r�rt� ��:sr;� nf [�:�rtra��r;. I�:�r��}�.r� tffic�rs �1�r�.-�.-��r s err��.,°-�s, ��: �-�r� �� s Rr�� t�tr��1��-: �� in'_�r.�y irr;a�� fll�j� i.il�Y' ��.�w� i i�. .� J�i�'41�'.f�.1�� '' ��-.R..�{��1�-�._s. e�yl:P� eJ �54 _'.yI`� ��"��IiCL1 j..j�J� IJ s�� :��' �h� F��i�d � ��:�_�� i I,�F_,ill :N' S��'� ��lu�:� ��+ ��f�a�� •�:�t�;�+'� �� ri ��t�. E-��yr� ��i ri}� ii�ui`�� af :.:i_ F�sr�n � ' �,,�r'_-�7r�. ra#-�� iTe�na�j tfii„ �.�:,l;am. �� -aL�� ..�'s��[+�� !'�i�tFv' ��i��.5��!� i�� altt�ll'i'�j [l�r� ir��rn�r��, ! tr.�rti.�:�� c�1r�� tti.iF r�� k:t�al ��:tnn .-r.I;A,rti�a tr.� �r: � miF�.h� ^f t� E�r: ��r��'� r�� r �R�J� 3�nir�t �_�:,lr'�lr,r. ��r.tr-•�:rt�r s�Zf��rs, ��,�ir�drr� ern�r�}jee:x, u L.:C!TYfT�.."'�i':�1-. �`in �F�1{�ry �+.i��Ln:r,t_'�_r�� •�ilf•i►- '`�u �r��ir� frrY }�ars. T�� lt-� :.� . �f rt-r� hrx��r�� arC �.-:I�:1, itr; ��1=rr=ni �: V�::�. :��_:�i�[.�. ��Sy t�a;r#i�l�_ I�i� �a+�re �L Ltx�r� �t+� s:anifca-►I. F��elti�s it�- �� irr��,� �`3� i�sft•��z'�.3��r1. i�4.'��.��r�r� '� ��:��4C� ��f `rrr anL rn�r��rrtLr� i_r kr��.rFa ',1 V��►? L�s5. C�s=M1J' �+:�;C_ 1 a�aet� �Y': � ;lieY��c��e. �'�.:�'��-. ; �iC;'�'1C; iFfr# �x `�� nam� G� ��nalr,rr'� �.. _--�_ ,_ __— _.. 14Ik1 1�1 =�'��4 �'7'��. �71�Yi�� aY- ia, iL'.� �_�� v��ww.heritage-enviro.co�� 47 Location Statute Source ID Inspection Type Lead Date Finding Description / Agency Status Container Management / COMPLIANCE General Facility EVALUATION Violations Or Standards - Coolidge RCRA AZD081705402 INSPECTION ON- State 1/26/2009 Compliance Issues Improperly SITE Were Found labeled container / holes in fencing - corrected and closed - no fine ManifesURecords - Reporting (Financial Records) were being forwarded NON-FINANCIAL Violations Or to the EQB with Puerto Rico RCRA PRD091024786 RECORD REVIEW State 4/22/2009 Compliance Issues EPA cc'd, EPA Were Found noted that reports was to be forwarded to EPA with EQB cc'd - Distribution chan ed - no fine ManifesURecords - self-reported the receipt of unmanifested haz FOCUSED Violations Or Waste upon Indiana olis RCRA IND093219012 COMPLIANCE State 5/15/2009 Compliance Issues discovery. They p INSPECTION Were Found Waste was shiped as non-haz but later found to be corrosive. - Finding closed - $5000 fine ManifesURecords, General Facility Standards - Training documentation, COMPLIANCE Violations Or stormwater Coolid e RCRA AZD081705402 EVALUATION State 1/25/2010 Compliance Issues management, 9 INSPECTION ON- Were Found alleged SITE incompatibles in container storage area, and missing labels - NOV closed July 2010 - no fine Container Management - COMPLIANCE Hazardous waste EVALUATION Violations Or in the staging Kansas City RCRA MOD981505555 INSPECTION ON- State 1/4/2011 Compliance Issues area for a period Were Found that exceeds 24 SITE hours - Corrected at time of audit - no fine ManifesURecords - IDEM determined ws did not meet the Fuels for Fuels exemption. COMPLIANCE Violations Or Waste was not in Indiana olis RCRA IND032164014 EVALUATION State 3/4/2011 Compliance Issues operation record p INSPECTION ON- as hazardous SITE Were Found requiring a D001 - Waste stream has been re-profiled as a hazardous waste (D001) - Finding closed - no fine �� v��'�J. :; ;�::�:,-;; �:,'�,;,:.r� 48 Container Management & General Facility Standards - Open COMPLIANCE Violations Or Waste Container, Indianapolis RCRA IND093219012 EVALUATION State 6/2/2011 Compliance Issues Cubic Yard bag INSPECTION ON- not fully closed; SITE Were Found missing Sub BB equipment tags - both corrected in a timely manner - no fine Container Management - Open container, FOCUSED Violations Or alledged Indianapolis RCRA IND093219012 COMPLIANCE State 9/9/2011 Compliance Issues incompatable INSPECTION Were Found waste stored in close proximity - corrected at time of audit - no fine Preparedness and Prevention - Small end dump COMPLIANCE Violations Or fire - failure to Kansas City RCRA MOD981505555 EVALUATION State 7/12/2012 Compliance Issues minimize the INSPECTION ON- Were Found Possiblity of afire SITE - Close out letter accepted / no further action re uired - no fine Container Violations Or Management - Indiana olis RCRA IND09321 9 01 2 FOLLOW-UP State 8/27/2012 Compliance Issues Unlabeled P INSPECTION container - Were Found corrected at time of audit - no fine Container Management - Unlabeled container(s), Sattelite Accum / lableing issues - corrected at time of audit. TSD - COMPLIANCE Violations Or Containment Indianapolis RCRA IND093219012 EVALUATION State 12/10/2012 Compliance Issues Building INSPECTION ON- Were Found Standards - SITE Secondary containment coating issues. Heritage Performed a subsequent inspection and completed all necessar re airs Preparedness and Prevention - Pump inspection not completed in timely manner - Required COMPLIANCE inspection Violations Or Kansas Cit RCRA MOD981505555 EVALUATION State 1/24/2013 Compliance Issues completed next y INSPECTION ON- work day, Future SITE Were Found inspections put on monthly schedule. Close out letter accepted / no further action re uired - no fine '-� „ • - — ^, ., .. ., ' ..-. -. -, ,v:d..v'��`vv., ,�i �.::�;,—�� ✓,� �:..:��"�. 49 ManifesURecords - manifest copies not received by state - copies re- sent / new process created to assurefuture subissions - COMPLIANCE Violations Or General Facility Coolidge RCRA AZD081705402 EVALUATION State 2/11/2013 Compliance Issues Standards - INSPECTION ON- Were Found debris around SITE 300 storage area - material removed / area cleaned - close out letter accepted by ADEQ - no fine noted NON-FINANCIAL Violations Or Puerto Rico RCRA PRD091024786 RECORD REVIEW State 3/12/2013 Compliance Issues Unknown - No Were Found info received � I � �— � � �� ... www.heritage-enviro.cc�� so 2.16 HEALTH AND SAFETY PROGRAM MANUALS Each Provider should submit a copy of their Corporate Health and Safety Program Manual. INCLUDE ONECOPY OF THE CORPORATE HEALTH & SAFETY PROGRAM MANUAL BOUND SEPARATELY BUT MAILED WITHIN THE SAME ENVELOPE. PROPOSAL PACKAGE FOLLOWING THIS PAGE Heritage's Health & Safety Manual consists of hundreds of pages of documents, SOP's, and protocols. On the following pages, we have provided a copy of our Health & Safety Manual's table of contents. If there are any specific files you would like to review, we will be happy to send them upon notice in lieu of sending our entire manual for economic reasons. I� � r- L.. www.heritage-2nviro.co�� s1 Health & Safety Manual - Table of Contents =o.� :�..� �, �-., ^��a�ion contaci Rar,.dy Sac±i�� , h�i�itage Safety Manager (o` ice 3�G-3R2-730� % cell 330- �C?4-�92�31 ��f�#v Sp�� '-1;,��i�~_' S�='s �__ =�; �s Document or Form �ocurraeni or �crrr General Safety Rul�s Air Monitoring and Sam�pl�;�c Back Safety % SaT� _'�`,'r��s �= ��: �-� Asbestos Benavior Based Safety Program Arsenic Bulging Dru�s % Pressurz�d Containers Berzene Calibraiic�:� Bloodborne Pathogers ; f��1ixed I,�recticus ��as�:e Contrac.o� ��eq��:? `--.,�;�.on ��.estionnaiie Breathing Air Cylinca� :� �_;�:��s Contracter Requirements SOP Cadmium . Contracto�'s Safety Nlar.ual (word) Chemical Hygi�:�e :� =.� Contractcr�s Safe:��i �i��.��ua, (p-point) Cold Stress Confined Space En:ry Decontamination Construction / DemeP:t;o�� Eye Protection Cranes & Nlobile Li':ii� � _ 'tir�ent General Labc�=_.. , ��. - , Drum % Containe� Hancllinc! Gas Hazarc;� Electrical Sa�e��s �azard Com��.��un:ca.��:;�,� rmergercy R.�s��-s� �. . -�_�c; � �. Hearing Conservai �-. Emergency Res�ons� Fieat Stress Ex��avatic��_ --��ing, Snoi�;ng !�ydrogen ��:;I`�cie Fall P��c-�c;�� =��cedures a�c -ra�m��.n�� ir.fluenza Panc!e�r�c Fire Extin�::is:�e-s lsocyar.�.�� '. _.,.� � �_��ir:� P�cc�d�_;r2s �irstA�d P.oc�dures ! ea� Forkli�ts ard Tovv iUlor��; ��ead Compiiance �o� Consiructior /;,c?' ��s Ground-=a�l; Circui' = . -.,__. ti�edica' S��r� ':!��c= �_� �. .,� _'.s2 Grounding and 5oncl;c�� '��"'�- Groundinc Program �ersc��. .,.,ci_;�� L�u�pma�. HHVV Pro�cccls =;eso__.., , . �_�cric�, Hazard identi�ication / Risk Anai�,�sis SCBA.s '-liah Naza:d _ati ��-ack ?rccedures SCBA Insbec':��%. NosesiCoupling Procedure Tar:k Cerrfic��'.��-s ��s =�:=�; v��°��,,.��.�r�tage-er�v°�� .cc�,,�,. 52 _� Hexava�ent Chromium��7a�o9 -'':ujcK@�rJI��CI "✓�%0'iC hf�� '1SG2Ci�0"� Incident Invesiigaticr Injury / Medical Case Manac;e�e�;'_ Lab Pack Protocol �a��Y ;`�'r�� Ladders and Work Platforms Bloodborne Pathoa�� !ncident Re;�ort Lif`t Sa�ety �.,ontined Space En:�y� Perr~�i+ Lockout / Tayo!��± �o�n�:actor Prequa!i��ic�t�� .,.._:c��ca_:�� /lanagemen, o? Cran�� orktruck inspection Medical and Firsi r�.id Supplies Incident Investigatio.-. =orr Motor Vehicle Program P✓ledical Certification of Fitness On Site Work Requirements Near Miss Reporting Form Pipe!ine Breaking Proc2dures OSHA 40 Hour Field Experience Poison ivy anG Poisor Oak PPt Hazard ,�,ssessm��t Process Safety Managemer': Respirator Fit Test Radioac?i✓� 1�aterial (Naiu;a!i; �c;��'^g) Safe W'ork Permit Rai! Ca� Safei�; - Tankcars Safety Training Rost�r Raii Ca� Safet� - lntermodals &�i�tca�s SCBA Inspectior Reccrdkeeping 3ite Safety Plan (Si��r': =:r-�' Retaii (OSNP�) Requirements V�hicle Damage Report Safe Driving Prog �_Y. V�hicle !nspection Safe Work Permi: �r��ce�� es Waterblaster Permit Safety Health Plans '�l'crk Area Inspection 'S'.�;. 5a�a��y �eo�;,�g; ��`��or:� Area Inspection (Sho�,�; Sampiina �aiet� Procedures �aily T!enching L�c Sandblasting =xcavaiicn Per,— : Scaffoldinc Vac Truck Fieid �;:,�c-: ;� �:�� -�c Snort Ser✓ic2 '�.M:�iie.✓e2s �e�aiiiis B Vaccinatior G2clira:;��. Sians. S;gnals ar.d Barric�,des Vac Truck Checklis� Soh✓enis, F;ar.��a�i2s. Comar�ssec �as incident Checklist Tank Cieanirg ar.0 uecontamina�icr �irst R�per` cT !nj�.�ry I=orm T2r-D�.;✓ =�<c: , ..� ,�, �� `�i�_ -. �. . � •,v , . � ' ,-� -- � �, -� , ,- �� -�,-�• ..,. ,�vv'"d'�i, :.� d��c—c� iva��, :.:.� .. 53 � I� ` ,L � ` T��aining & New Hi� e Pr�ced�Y�s �nvi�onmental SOPs Underground Tank Removai Ba�t�ry Packa��g Guide!ines Un�nown Container Handling Customer Privacy Procedures Unknouvn Wasre Testing ,� Classi�" �a��or Damaged Container Policy Vacuum Truck Operations �=uel Managemert Practices Vehicle % Equipment Damage R,e�o�'.� Facility Leasing Requirements Vehicle and Equipment Operations Manifest Discrepancy Mgmt Waterblasting vlanaCemeni oi Cylinders Welding / Cutti�c '-'�e�',�r'�r'.� Vianagement of Overpacks �,,n;�.-�� ; ��8 Management Pharmacy Waste Procedures `�Vastestream R2certifcations DEA Controiled Su�siances iv1g��;. �C�✓1S Summary SOP www.heritage-enviro.cc��- s4 City of Fort Worth, Texas Mayor and Council ommunication 4� a �_ � COUNCIL ACTION: Approved on 2/11/2014 DATE: Tuesday, February 11, 2014 REFERENCE NO.: **C-26663 LOG NAME: 20HOUSEHOLD HAZARDOUS WASTE-HERITAGE ENVIRONMENTAL SERVICES SUBJECT: Authorize Execution of Contract with Heritage Environmental Services, LLC, in the Amount Not to Exceed $404,500.00 for Transportation, Disposal and Recycling of Household Hazardous Wastes (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Heritage Environmental Services, LLC, in the amount not to exceed $404,500.00 for the transportation, disposai and recycling of household hazardous wastes for a term of one-year with the option to renew for three additional terms of one-year each. DISCUSSION: A Request for Proposals (RFP) for transportation, disposal and recycling of household hazardous waste collected at the Environmental Collection Center was posted on December 19, 2013 and advertised in the Fort Worth Star-Teleqram on December 20 and 27, 2013. Proposals were received on January 9, 2014 and then evaluated and scored based on a pre-determined criteria to provide the best value for the City. The criteria included, but were not limited to, cost, experience, and qualifications. Based on the total scores, Heritage Environmental Services, LLC, is recommended to provide househoid hazardous waste transportation, disposal and recycling services. Heritage Environmental Services, LLC, aiso offered the lowest price for the services. The Environmental Collection Center provides area citizens a convenient place to dispose of househoid hazardous waste. The TPW-Environmental Management Division operates the center and packages the waste received for disposal. In order to comply with State and Federal guidelines regarding the transportation and disposal of hazardous materials, the services of a licensed hazardous waste disposal contractor are required. RENEWAL OPTIONS - This contract may be renewed for up to three additional successive one-year terms at the City's option. Renewal may be effective by notice in writing by the City Manager, or his designee, to the contractor within 30 days of the expiration of the prior term. This action does not require specific City Council approval, provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office, in accordance with the M/WBE or BDE Ordinance, because the purchase of goods or services from source(s) where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION / CERTIFICATION: � i ic i n iai i�.iai rnai iayci i ici ii .�ci vii,ca vii c�,wi i,ci uiica u iai iui iu� ai c avaiiauic u i u ic i,ui i ci it vNci ain iy Logname: 20HOUSEHOLD HAZARDOUS WASTE-HERITAGE ENVIRONMENTAL SERVI... Page 1 of 2 budget, as appropriated, of the Environmental Protection Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for Citv Manager's Office bv: Oriqinating Department Head: Additional Information Contact: FROM Fund/Account/Centers R103 539410 0204103 Fernando Costa (6122) Douglas Wiersig (7801) Michaei Gange (6569) $404,500.00 ATfACHMENTS 1. MWBE Waiver ENV 14-01.pdf (CFW Internal) 2. R103 20Household Hazardous Waste - Heritage Environmental Services 01272014.x1sx (CFW Internal) Logname: 20HOUSEHOLD HAZARDOUS WASTE-HERITAGE ENVIRONMENTAL SERVI... Page 2 of 2