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HomeMy WebLinkAboutContract 39934No no cinr SECRETARY WNmcT CO-N.-'I'RACT Between CITY OF FORT WORTH and HERITAGE ENVIRONMENTAL SERVICES LLC For Household Hazardous Waste Disposal Services as set forth in Attachment A — Scope of Work DEM 10-02: HHWD Environmental Management Department February 2010 CITY SECRETA FT. WORTH, T no City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/2/2010 DATE: Tuesday, February 02, 2010 REFERENCE NO.: **C-24061 LOG NAME: 52HOUSEHOLD HAZARDOUS WASTE -HERITAGE ENVIRONMENTAL SERVICES SUBJECT: Authorize Execution of Contract in the Amount of $404,500.00 with Heritage Environmental Services, LLC for Transportation, Disposal and Recycling of Household Hazardous Wastes RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract at a cost not to exceed $404,500.00 with Heritage Environmental Services, LLC, for the transportation, disposal 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: The Environmental Collection Center provides area citizens a convenient place to dispose of household hazardous waste. The Environmental Management Department 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. A Request for Proposals (RFP) for transportation, disposal and recycling of household hazardous waste collected at the Environmental Collection Center was posted on November 6, 2009 and advertised in the Fort Worth Star -Telegram on November 10 and 16, 2009. Responses were submitted by the following ten firms on December 10, 2009: . Chemical Reclamation Services, LLC . Clean Harbors Environmental Services, Inc. . Effective Environmental, Inc. . Environmental Industries, LP . Envirosolve, Inc. . EQ Florida, Inc. . Green Planet, Inc. . Heritage Environmental Services, LLC . MXI Environmental Services, LLC . Pollution Control Industries, Inc. Proposals were evaluated and scored based on a pre -determined criteria to provide the best value for the City. The criteria included, but was not limited to, cost, experience, qualifications and methods of disposal. Based on the total scores, Heritage Environmental Services, LLC was selected to provide household hazardous waste transportation, disposal and recycling services. 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. An M/WBE policy waiver was granted prior to issuing the RFP due to chain of custody issues that are .assacated with hazardous wastes as mandated by Federal and State laws which effectively preclude subcontracting opportunities. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Environmental Protection Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: FROM Fund/Account/Centers R103 539410 0524103 Fernando Costa (6122) Brian Boerner (6647) Michael Gange (6569) ATTACHMENTS 1. FUNDS AVAILABLE.doc (CFW Internal) 2. MWBE Waiver-DEM 10-02 HHWD.pdf (CFW Internal) $404.500.00 M. STATE OF TEXAS § COUNTY OF TARRANT § KNOWN ALL BY THESE PRESENTS: CONTRACT FOR SERVICES This Contract is entered into by and between the City of Fort Worth ("City'), a home -rule municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas, acting through Fernando Costa, its duly authorized Assistant City Manager, and Heritage Environmental Services, LLC, by William Mc Daniel, its duly authorized President and CEO. City and Contractor may be referred to herein individually as a Party, or collectively as the Parties. WHEREAS, the City desires to conduct 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 desires to hire 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: WITNESSETH: That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1. DEFINITIONS CSC means the City of Fort Worth. Citv's Representative means the Director of the Environmental Management Department, or such designee. Change Order means an officially authorized and executed written amendment to this contract or to a Task Order, issued by the City. Professional Services Contract Heritage Household Hazardous Waste Contract Page 1 of 22 Contract Documents shall consist of the written, printed, typed and drawn instruments which comprise and govern the performance of the work. Said Contract Documents include, but are not limited to, the Requests for Proposals, instructions to bidders, special instructions to bidders, addenda to the notice to bidders, proposal, plans, specifications, maps, blueprints, notice of award, general conditions, special conditions, supplementary conditions, general provisions, special provisions, work order(s), change orders, this Contract and the payment, performance and maintenance bonds, or other such similar documents. The Contract Documents shall also include any and all supplemental agreements approved by the Owner 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. Contractor means Heritage Environmental Services, LLC. Deliverable Document means a report, manifest, or an invoice that shows the completion of a task. ECC means the City of Fort Worth Environmental Management Department facility located at 6400 Bridge Street, Fort Worth, Texas, known as the Environmental Collection Center. Environmental Requirements shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, 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 relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, 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 pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. Household Hazardous Waste (HHW) means any solid waste generated in a household by a consumer which, except for the exclusion 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. Professional Services Contract Page 2 of 22 Heritage Household Hazardous Waste Contract Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid. Participatina Citv 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. Proiect Manaaer means the City employee assigned by the Director of the Environmental Management Department to manage the work required by this Agreement. RFP means the City's Request for Proposal entitled DEM10-02:HHWD. Solid Waste means any garbage, rubbish, recyclables, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semi -solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations, and from community and institutional activities, but does not include: 1. Solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued pursuant to the Texas Water Code, Chapter 26; 2. Soil, dirt, rock sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of •. surface improvements; or 3. Waste materials which result from activities associated with the exploration, • development, or production of oil and gas and are subject to control by the Railroad Commission of Texas. 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. Work Assignment means a letter sent to the Contractor via facsimile transmission or by email by the Project Manager to the Contractor, specifying work to be done by ` Contractor. ARTICLE 2. SERVICES Contractor hereby agrees to perform as an independent contractor the services set forth in the Scope of Work attached hereto as Attachment "A". Professional Services Contract Page 3 of 22 Heritage Household Hazardous Waste Contract ARTICLE 3. COMPENSATION Section 1. Fee Schedule. City agrees to pay Contractor for its services on a cost basis as delineated in the Contractor's Response to the RFP. City and Contractor agree that the total cost of this Agreement shall not exceed $404,500 annually. _ 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. There is no guarantee of a minimum amount of work to be awarded under this contract. 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 contain the following information: • unit and total prices for transportation, disposal and recycling plus any charges for transportation, supplies, equipment, and purchased services if such are required; and • the total cost of all work assignments to date and the amount remaining in the Agreement. Professional Services Contract Page 4 of 22 Heritage Household Hazardous Waste Contract Payment for services rendered 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 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. ARTICLE 4. TERM Unless terminated pursuant to the terms herein, the term of this Agreement shall run from one (1) year from the date of its execution. City at its sole discretion shall have the right to extend this Agreement for up to three (3) consecutive one (1) year renewal terms. All renewals shall have the same terms, conditions and fees as set forth herein, unless agreed to otherwise in writing by both parties in an amendment to this Agreement. Award of a contract for the first or any subsequent year(s) shall not create any right or interest in the Provider to the exercise of any such options. ARTICLE 5. INDEPENDENT CONTRACTOR Contractor shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of .. respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Contractor. ARTICLE 6. PROFESSIONAL COMPETENCE AND INDEMNIFICATION 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. In accordance with Texas Local Government Code Section 271.904, the Contractor shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Contractor Professional Services Contract Page 5 of 22 Heritage Household Hazardous Waste Contract or Contractor's agent, contractor under contract, or another entity over which the Contractor's exercises control. 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. ARTICLE 7. INTELLECTUAL PROPERTY Section 1. Rights in data. The City shall have unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract. Contractor is advised that all contract documents and work product may be subject to the Texas Public Information Act, and the City may be required by law to provide information to a person under this Act. Contractor agrees to hold harmless the City for releasing any information which the City has an obligation to release under the Act. ARTICLE 8. INDEMNIFICATION Section 1. Definitions. In this paragraph, the following words and phrases shall be defined as follows: Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of the existence of a violation of environmental requirements pertaining to work performed under this contract or by the operations of the Contractor and Subcontractors, and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and investigation or remediation of the monitoring wells or any violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any Professional Services Contract Page 6 of 22 Heritage Household Hazardous Waste Contract cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such monitoring wells or violations or environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and c. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, 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 relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surfacewater, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. Section 2. General Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH, OCCURRING AS A CONSEQUENCE OF THE CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. Professional Services Contract Page 7 of 22 Heritage Household Hazardous Waste Contract Section 3. Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. Section 4. The obligations of the Contractor under this Article shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by the City), 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, penalties or other sums due against such indemnified persons. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, City shall provide Contractor with reasonable timely notice of same. All Contractors under this contract agree that they assume joint and several liability for any claim by the City or for a third party claim against the City for general or environmental damages caused by any of the Contractors herein. The obligations of the Contractor under this paragraph shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. IN ALL OF ITS CONTRACTS WITH SUBCONTRACTORS FOR THE PERFORMANCE OF ANY WORK UNDER THIS CONTRACT, CONTRACTOR SHALL REQUIRE THE SUBCONTRACTORS TO INDEMNIFY THE CITY IN A MANNER CONSISTENT WITH THIS SECTION. In the event that a written claim for damages against Contractor or any of its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the City Manager, as evidenced by a final inspection, final payment to Contractor shall not be recommended by the City Manager for a period of thirty (30) days after the date of such final inspection, unless the Contractor submits written Professional Services Contract Page 8 of 22 Heritage Household Hazardous Waste Contract evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved. If the claim concerned remains unsettled at the expiration of the said thirty -day period, the Contractor may be deemed by the City Manager to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work. The City Manager shall not recommend final payment to Contractor if a claim for damages is outstanding for a period of six (6) months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing, satisfactory to the City Manager, that: a. The claim has been settled and a release has been obtained from the claimant involved; or b. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (a) above is met at any time within the six (6) month period, the City Manager shall recommend that the final payment to Contractor be made. If condition (b) above is met at any time within the six (6) month period, the City Manager may recommend that final payment to Contractor be made. At the expiration of the six (6) month period, the City Manager may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the City Manager. ARTICLE 9. INSURANCE AND BONDS 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. w A. Insurance coverage and limits: -- 1. Commercial General Liability Insurance $1,000,000 each occurrence; $2,000,000 aggregate 2. Professional Liability Insurance $1,000,000 each occurrence; $1,000,000 aggregate 3. Automobile Liability Insurance Professional Services Contract Page 9 of 22 Heritage Household Hazardous Waste Contract 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. 4. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee 5. 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 subsections 1 and 2 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). 6. NOTE: BETWEEN 1 AND 5 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. 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. Professional Services Contract Page 10 of 22 Heritage Household Hazardous Waste Contract _. 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 Risk Management Division, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. 7. 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. 8. 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. 9. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. 10. 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. 11. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 12. 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. 13. All insurance required above shall be written on an occurrence basis in order to be approved by the City. 14. 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. 15. Payment and Performance Bonds. Before beginning the work, the Contractor shall be required to execute to the City of Fort Worth a payment bond if the contract is in excess of $25,000 and a performance bond if the contract is in excess of $100,000. The payment bond is solely for the protection and use of Professional Services Contract Heritage Household Hazardous Waste Contract Page 11 of 22 payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Contract. The performance bond is solely for the protection of the City of Fort Worth, in 100% the amount of the Contract, and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award. 16. Requirements for Sureties. The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. ARTICLE 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. Professional Services Contract Page 12 of 22 Heritage Household Hazardous Waste Contract ARTICLE 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 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. ARTICLE 12. RIGHT TO AUDIT (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting contractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Contractor and any subcontractor reasonable advance notice of intended audit. (c) Contractor and subcontractors agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. ARTICLE 13. MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION "' Contractor has been granted an M/WBE waiver for this contract. 1-0 Professional Services Contract Heritage Household Hazardous Waste Contract Page 13 of 22 w ARTICLE 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. Contractor agrees to post in conspicuous places, available to employees 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 meeting the requirements of this section. ARTICLE 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 which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea 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 or its employees. ARTICLE 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. Professional Services Contract Page 14 of 22 Heritage Household Hazardous Waste Contract 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. Alternatively, 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 attorneys 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. ARTICLE 17. TERMINATION City may terminate this contract without cause by giving thirty (30) days prior written notice to Contractor. In the event of termination, any work in progress will continue to completion unless otherwise specified in the notice of termination. If the City terminates this contract under this provision, City shall pay Contractor for all services performed prior to the termination. Termination shall be without prejudice to any other remedy the City may have. Contractor may terminate this Agreement with or without cause upon ninety (90) days prior written notice to City. All data and completed or partially completed documents and work product prepared • under this contract shall be promptly turned over to the City upon termination of this contract. ARTICLE 18. VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Professional Services Contract Page 15 of 22 Heritage Household Hazardous Waste Contract i Texas - Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. ARTICLE 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. In the event of any discrepancy between this contract and any other contract documents, this contract shall prevail and control. ARTICLE 20. HEADINGS 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. ARTICLE 21. 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. ARTICLE 22. SEVERABILITY The provisions of this Agreement are severable, and if any word, phrase, clause, - sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. ARTICLE 23. 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 Professional Services Contract Page 16 of 22 Heritage Household Hazardous Waste Contract 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. All costs and attorneys fees incurred by the City in the enforcement of any provision of this contract shall be paid by the Contractor. The remedies provided for herein are in addition to any other remedies available to the City elsewhere in this contract and by law. ARTICLE 24. 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: City of Fort Worth Environmental Management Department Attn: Brian Boerner, CHMM, Director 1000 Throckmorton Street Fort Worth, Texas 76102-6311 If to the Contractor: Heritage Environmental Services, LLC Attn: Ricky Belk 1840 N. 105 East Ave. Tulsa, OK 74116 ARTICLE 25. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards which are presented to persons, property and the environment by the types of work which are to be performed under 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. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Contractor, or its officers, agents, employees, or subcontractors, for the accuracy and competency of their services provided under the Agreement. Professional Services Contract Page 17 of 22 Heritage Household Hazardous Waste Contract ARTICLE 26. 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. ARTICLE 27. MODIFICATION No modification of this Agreement shall be binding on Contractor or the City unless set _ out in writing and signed by both parties. ARTICLE 28. 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, regarding the subject matter of this contract or any part thereof shall have any validity or - bind any of the parties hereto. In the event of any conflict between this contract and any other contract documents, then the terms of this contract shall govern. This portion of page left intentionally blank. Professional Services Contract Page 18 of 22 Heritage Household Hazardous Waste Contract .. ATTACHMENT A. SCOPE OF WORK PART 1 SCOPE OF CONTRACTOR'S SERVICES 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 attached to this Agreement as Exhibit A and fully incorporated herein. 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; Professional Services Contract Heritage Household Hazardous Waste Contract Page 19 of 22 2. all methods of transportation and disposal of the aggregated household hazardous waste; 3. all methods of training provided to City employees; and 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. PART 2 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. Professional Services Contract Page 20 of 22 Heritage Household Hazardous Waste Contract 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. This portion of page left intentionally blank. Professional Services Contract Heritage Household Hazardous Waste Contract Page 21 of 22 4M IN WITNESS THEREOF, by executing this Agreement, CONTRACTOR and CITY indicate their acceptance with its terms and conditions that govern the performance of the Services and rights and obligations of the parties. City of Fort Worth: `�.G�.......rG Lam..._... Fernando Costa Assistant City Manager RJEO MM Br oeniui Environmental Management Director APPROVED AS TO FORM AND LEGALITY: Arthur N. Bashor Assistant City Attorney ATTEST: 1 Marty He ix City Secretary Date: M&C: Heritage Environmental Services, LLC by William McDaniel, its duly authorized President and CEO: W c� Willi McDaniel President and CEO -�] / T Witness Seal: C- 341 ontrac . Au-.',arizatiOR OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Professional Services Contract Page 22 of 22 Heritage Household Hazardous Waste Contract ■. 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 Environmental Management Project DEM 10-02:HHWD. CONTRACTOR HERITAGE ENVIRONMENTAL SERVICES, LLC By: C PV--crb Title STATE OF T AA-S- J*zdta4ta, § COUNTY OF TARf bAdIff/kKaAan § .Before me, the undersigned authority, on this day personally appeared MY-alln /Y C /)0tU4 known to me to be the person whose name is subscribed to the foregoing instrpment, and acknowledged to me that he executed the same as the act and deed of , J�a_fe tnet ntnZntaQ t ,eLUf,!/" LLC for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this &2d-day of /1 VIM , 20/0 zoo o��� /IOl?/YIa b1zaaa, v� 43s96 co m Notary Publi in and for the State of d,(Artl1 � 9� A�i9LIC aQ ' Rfi7i i'%F 4JM1 74#{- b #. Kk z,f.+y,� &. P L' 3 P 'A•�%,,j.iirT1R".iJ) i���lll.�y,^sf€{.#t4,1�,J�yY,.ii�.i�j�/�yY 4 IF YOU ARE THE RECIPIENT OF THIS CERTIFICATE: ANY WORDING TO INCLUDE THE HOLDER AS AN ADDITIONAL INSURED, PROVIDE COVERAGE ON A PRIMARY AND NON-CONTRIBUTORY BASIS, OR PROVIDE A WAIVER OF SUBROGATION APPLIES ONLY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. IF YOU ARE THE REQUESTOR TO PROVIDE THIS CERTIFICATE: Tobias Insurance Group, Inc. has, upon your request, issued the attached Certificate of Insurance. If you did not already, we highly recommend that you provide our Agency with a copy of the insurance and indemnification provisions of the contract pertaining to the certificate request so that we may properly ascertain whether your insurance program addresses the terms, types and amounts of insurance coverage referenced by the contract. While most certificates can be issued at no cost to you, the contract may identify insurance requirements that require the purchase of insurance coverage at an additional premium. In some instances, the coverage identified in the contract may be outside the underwriting guidelines of the insurance carrier and cannot be obtained. In other instances, you may not wish to purchase the additional coverage and may attempt to negotiate changes in the insurance requirements. In performing the review of your contracts, neither Tobias Insurance Group, Inc. nor its employees are providing legal advice or a legal opinion concerning any portion of the contract. Our Agency is not undertaking to identify all potential liability that might arise under this contract. This review is provided for your information and should not be relied upon by third parties. Any description of insurance coverage is subject to the terms, conditions, exclusions and other provisions of the policies and any applicable regulations, rating rules or plans. PAYMENT BOND BOND NO. 7613834 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1), HERITAGE ENVIRONMENTAL SERVICES, LLC, as Principal herein, and (2) FIDELITY AND DEPOSIT COMPANY OF MARYLAND , a corporation organized and existing under the laws of the State of (3) MARYLAND as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas, Obligee herein, in the amount of Four Hundred and Four Thousand and Five Hundred Dollars ($404,500.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the day of , 20_, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: HOUSEHOLD HAZARDOUS WASTE DISPOSAL SERVICES (DEM 10- 02:HHWD). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter aw 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. L IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 3RD day of MARCH ATTEST: (PrincipalkSecretary lam - (SEAL) Witness as to Principal TERRY HURST ATTEST: Secretary ROBERF I C� (SEAL) .2010 . HERITAGE ENVIRONMENTAL SERVICES_ LLC PRINCIIPA�L/' By: 1 !" I'A �� Name: Title: �- Address- nll\tl!'fo bl- I FIDELI YLAND SURETY By: Name: NICK J. RUTLIGNAO Attorney in Fact Address: 600 RED BROOK BLVD OWINGS MILLS, MD 21117 Witness as tolSurety 1 % Telephone Number: 317-816-4881 TIMOTHY J. TAYLOR NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. no M Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND w KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e leis by nominate, constitute and appoint Nick J. RUTIGLIANO, Timothy J. TAYLOR and Robej O l ndianapolis, Indiana, EACH its true and lawful agent and Attorney -in -Fact, to mak Te 'u behalf as surety, and as its act and deed: any and all bonds and undert p tCa ecu '��or undertakings in pursuance of these presents, shall be as binding uponA, I d c l wits and purposes, as if they had been duly executed and acknowled �y el e `� ompany at its office in Baltimore, Md., in their own proper persons er rn a on behalf of Nick J. Rutigliano, Timothy J. Taylor, Robert M. Rutigliano, date r 2 - . The said Assistant ° sIby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-L s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of March, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0 DUOS/ j �a .. By: Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland ss: City of Baltimore On this 27th day of March, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above +M written. irmN Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 044-0465 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND hm "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized .. by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 3RD day of MARCH 2010 Assistant Secretary W ba r r1 M W a M PERFORMANCE BOND BOND NO. 7613834 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) HERITAGE ENVIRONMENTAL SERVICES, LLC, as Principal herein, and (2) FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation organized under the laws of the State of (3) MARYLAND and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas, Obligee herein, in the sum of Four Hundred and Four Thousand and Five Hundred Dollars ($404,500.00) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. i WHEREAS, Principal has entered into a certain written contract with the Obligee dated the day of . 20_, a copy of which is attached hereto and made a part hereof for all purposes, for the project: HOUSEHOLD HAZARDOUS WASTE DISPOSAL SERVICES (DEM 10-02:HHWD). NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. w IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 3RD ATTEST: �p 4--r,�-�--05 —&�' (PrincipalSecretary A,IZ7-, (SEAL) Witness as to Principal TERRY HURST ATTEST: Secretary ROB SHERF I CK (SEAL) Witness as to Shy / TIMOTHY J. TAYLOR day of MARCH .20 10. HERITAGE ENVIRONMENTAL SERVICES, LLC PRINCIPAL By: Name: Title: PrQ� Address: i901 %� MV'rl s '1 -�i.d�lf .�iJ Nbz31 FIDELITY D DEPOSIT COMPANY OF MARYLAND SURET B: / y Name: NICK J. RUTIGLIANO Attorney in Fact Address: 600 RED BROOK BLVD. OWINGS MILLS, MD 21117 Telephone Number: 317-816-4881 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. r' Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e ddsaftaby nominate, constitute and appoint Nick J. RUTIGLIANO, Timothy J. TAYLOR and Rob er O ndianapolis, Indiana, EACH its true and lawful agent and Attorney -in -Fact, to mak e 'v behalf as surety, and as its act and deed: any and all bonds and under t ecu,,��•�'tQn or undertakings in pursuance of these presents, shall be as binding upon 1 d �I ' ents and purposes, as if they had been duly executed and acknowled y el e t ompany at its office in Baltimore, Md., in their own proper persons to dti rn � a on behalf of Nick J. Rutigliano, Timothy J. Taylor, Robert M. Rutigliano, date t2, The said Assistant s�y certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of March, A.D. 2003. ATTEST: t.p DEPps� o c t FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary /, By: William J. Mills Vice President State of Maryland ss: City of Baltimore On this 27th day of March, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 044-0465 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,r "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE i I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on .. the I0th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 3RD day of MARCH 2010 M i Assistant Secretary �r i M NM am L1 Heritage Environmental Services, LLC. 7901 W. Morris SL Indianapolis, IN 46231 (800)827-4374 City of Fort Worth Purchasing Division 1000 Throckmorton Fort Worth, TX 76102 RE: Project DEM10-02:HHWD Dear Mr. Johnson: C 0, � A_&nV41J=NDN December 10, 2009 Heritage Environmental Services, LLC (Heritage) is pleased to present this proposal to the City of Fort Worth for Technical Assistance, Transportation, and Reclamation/Recycling/Disposal Services for Hazardous Materials 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. 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, South Carolina, 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. r 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 Ricky Belk Operations Manager City of Fort Worth_DEM10-02:HHWD 1 of 55 12/8/2009 Heritage Environmental Services. LLC. 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 2.1 PROPOSAL DOCUMENT CHECKLIST All Proposal Documents, including this Checklist, must be completed in full and submitted In a sealed envelope, in the requested order, or the Proposal may be considered as a non- responsive submittal. Proposal Documents Initial if Included 1. PROPOSAL DOCUMENT CHECK LIST Cow 2. ACKNOWLEDGE REQUEST FOR PROPOSAL ADDENDA CDP— 3_ MINORITY and WOMEN BUSINESS ENTERPRISES CDA't 4. BONDS GDOA 5. PROPOSAL SUMMARY CTO" 6. COST ESTIMATE G11 h^ 7_ QUALIFICATIONS OF PROVIDER a �^ 8. EXPERIENCE REFERENCES Cbo- 9. LIST OF SUBCONTRACTORS/PROPOSED TSDFS GMT. 10. SUBCONTRACTOR TSD FACILITY QUALIFICATIONS AND CAPABILITIES Cb4 11. PROPOSED WASTE DISPOSAL OPTIONS CblkN 12_ VENDOR'S COMPLIANCE WITH STATE LAW C tam 13. INSURANCE CERTIFICATES C11>" 14. PROVIDER'S LICENSES & CERTIFICATES 15. PROVIDER'S LEGAL & COMPLIANCE HISTORY 16. HEALTH & SAFETY PROGRAM MANUALS I understand that failure to submit all of these items may cause my submittal to be considered norxesponsive. Clint Mattocks Name Tide Corporate Proposal Manager Company Heritage Environmental Services L.L.0 City of Fort Worth_DEM10-02:HHWD 2 of 55 12/8/2009 Heritage Environmental Services. LLC. jCffJ6;GNFN 7901 W. Morris St. Indianapolis, IN 46231 (800) 827-4374 2.2 ACKNOWLEDGEMENT OF RECEIPT OF REQUEST FOR PROPOSAL ADDENDA 2.2.1 Check if applicable X The undersigned acknowledges the receipt of the following addendum(a) to the Request for Proposals, and has attached all addenda following this page. (Add lines if necessary). Addendum Number 1 Dec 1.2009 (Date receives Addendum Number 2 (Date received) Addendum Number 3 (Date received) 2.2.2 Check if applicable The undersigned acknowledges the receipt of n� a_ to the Request for Proposals. PROVIDER: Heritage Environmental Services. LLC BY: Rickv Belk Company Name (print or type name of signatory) - 1,840 N. 105th East Ave. Address (Signakn) Tulsa. OK 74116 nnerations Manager City, State, Zip Title (Print or type) 2-2 City of Fort Worth_DEM10-02:HHWD 3 of 55 12/8/2009 Heritage Environmental Services, LLC. 7901 W. Morris St.. Lj Indianapolis, IN 46231 (800)827-4374 am FORTWORTH��_ MEMORANDUM DATE: December 1, 2009 TO: Potential Hazardous Household Waste Disposal Services Provider FROM: Rex Johnson, Environmental Program Manager Environmental Collection Center, City of Fort Worth SUBJECT: .,f Addendum 1: Proposal Package DEM10-02:HHWD III L� The date for submitting proposals has been extended to December 10, 2009. Page 1-2 of the Request for Proposals, revised with the extended date, is attached to this addendum. Proposals must be submitted in a sealed envelope, addressed to and received at City of Fort Worth Purchasing Division, 1000 Throdcmorton, Fort Worth, Texas 76102 no later than 1:30 p.m. on Thursday, December 10, 2009. The project number must be dearly marked on the envelope and the stffiement "PROPOSAL DOCUMENTS ENCLOSED, DELIVER TO PURCHASING DIVISION ONLY BEFORE 1:30 on Thursday, December 10, 2009" placed in the lower left- hand comer of the envelope in which the documents are delivered. If the documents are placed in an envelope that is contained inside another envelope, the statement shall be placed on the outermost envelope. A second addendum will be posted later this week to address questions from potential providers. If you have any additional questions, please contact Rex Johnson at (817) 871-5275 or Rex.lohnson+,u fortwotthgov.org 121812009 City of Fort Worth_DEM10-02:HHWD 4 of 55 Heritage Environmental Services. LLC. 7901 W. Morris St.. Indianapolis, IN 46231 (800)827-4374 L� DEM10-02:1414WD Addendum #2 December 3, 2009 Page 2 of 3 Answer: Yes, we can split lithium and nickel cadet itum batteries into separate categories. 4. Please provide estimated annual volumes of each waste stream. Answer: Below is an estimate of waste stream volumes for 2009. Keep in mind.. however. that there will be no guaranteed minimum work under the contract awarded. Waste stream LB5 AEROSOLS 41,964 PESTICIDE LIQUID (BULKPACK) 44,993 PESTICIDE LOOSEPACK (SOLID) 34,938 FLAMMABLE LIQUID (LOOSEPACK) 91,203 DRY CELL BATTERIES 19,888 NI -CAD BATTERIES 2,990 MIXED ACIDS (HYDROCHLORIC & SULFURIC ACID) 8,822 MIXED CAUSTICS 6,864 LITHIUM BATTERIES 102 PAINT RELATED MATERIAL 522,994 ACIDS IN CONSUMER PACKAGES 910 FLAMMABLE SOLIDS IN CONSUMER PACKAGES 110 ,. CONSOLIDATION OF SMALL CHEMICAL CONTAINERS 1,295 WASTE HYPOCHLORITES, AQUEOUS SOLUTION 2,451 5. Please define how vendors should price the roll off delivery, pick -lip and rental on a daily basis. Pick-up and delivery are significant costs and vendors would need to know how long you intend to keep each box in order to accurately price this on a daily basis. Answer: There is no set amount of time or days a roll -off will be on site. For ease of bid, please split the per -day, pickup, and delivery pricing. Those three numbers will suffice. 6. The bottom of page 2-22 requests "pre audit screening forms" to be included in the proposal, but it does not appear these forms are included anywhere in the proposal packets. Please advise. Answer: The pre -audit screening forms mentioned on the bottom of page 2-22 will not need to be included in the proposals (a revised page 2-22 is attached to this addendum). The City reserves the right to perform on -site and off -site audits of all facilities prior to acceptance as a qualified contractor or subcontractors. 7. Was the pre -proposal meeting mandatory for vendors'? Answer: No. The pre -proposal meeting was a courtesy to potential vendors. City of Fort Worth_DEM10-02:HHWD 6 of 55 12/8/2009 so we Heritaee Environmental Services, LLC. OL/Ifll`/� 7901 W. Morris St. Indianapo}is, IN 46231 (800)827-4374 DEM10-02:HHWD Addendum #2 December 3, 2009 Page 3 of 3 8. It appears from our analysis of the 2005 contract that was awarded that the incumbent submitted significantly reduced transportation and disposal nuinbers after the initial bids were submitted, prior to a contract being awarded. Will all vendors be offered the opportunity to subunit revised proposals prior to award of this contract? Answer: No, each vendor will not be given the opportunity to negotiate pricing. Pricing is only a portion of the scoring utilized to select a vendor. Some waste streams that are significantly higher than the national average for disposal, transportation or recycling may be discussed prior to awarding of the bid. 9. In the total price box, which numbers am I to use in order to come tip with this total price? I am currently adding in the trans + Disposal only. Container is priced for the appropriate size but without knowing with 100% certainty that we will be providing it 100% of the time I didn't want to figure this into the total. Answer: Transportation and disposal is correct. With this format, we will be able to conclude total pricing. 10. Does the total price need to include the cost of the container? Answer: Transportation and disposal will be sufficient. 11. Could you please provide ire with a copy of the TE9901 Additional insured endorsement you are requesting (RFP page 2-29)? Answer: Form TE 9901 B is attached to this addendum. Other forms that provide equivalent information also are acceptable. If you have any additional questions, please contact Rex Johnson at (817) 871-5275 or Rex.Johnson@)fbrtworthgov.org City of Fort Worth_DEM10-02:HHWD 7 of 55 12/8/2009 Heritase Environmental Services. LLC. I/L/Illi� 7901 W. Morris St. �■� Indianapo}is, IN 46231 (800) 827-4374 2.7 QUALIFICATIONS OF THE 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). If subcontractors are to be utilized, current Statement(s) of Qualifications for this company(s) must also be included (15-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" Shipment/Handling/Disposal _ Summaries within 15 calendar days after of the close of each quarter. • Submit a brief r6sume (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 or_ ation 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. 2.7.1 LOGISTICS Describe how the Provider will handle the details of shipment scheduling and waste pick-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). City of Fort Worth_DEM10-02:HHWD 8 of 55 12/8/2009 Heritage Environmental Services, LLC. 7901 W. Morris Sty _ Indianapoiis, IN 46231 (800) 827-4374 V ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM L �� TE9901B This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective I Policy Number Named Insured The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. (Enter Name and Address of Additional Insured.) is an insured, but only with respect to legal responsibility for ads or omissions of a person for whom Liability Coverage is afforded under this policy_ The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will mad the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional insured. The additional insured will retain any right of recovery as a claimant under this policy. City of Fort Worth_DEM10-02:HHWD 9 of 55 us 12/8/2009 .� L ,TA� Her><ta2e Environmental Services, L C 7901 W. Morris St.. Indianapoks, IN 46231 (800) 827-4374 1.4 CONFLICTS: Should there be conflicts between the Proposal documents and the final executed contract document; the final contract shall take precedence. 1.5 PROPOSAL SUBMITTAL.$: Each Provider should submit one (1) bound original and three (3) bound copies of the Proposal Package to the City. All items to complete the submittal must be included within the Proposal Package or the entire Proposal Package may be considered non -responsive and rejected. In case of ambiguity or lack of clarity, the City reserves the right to adopt the construction most advantageous to the City or to reject the Proposal Package. Proposals must be submitted in a sealed envelope, addressed to and received at City of Fort Worth Purchasing Division, 1000 Throckmorton, Fort Worth, Texas 76102 no later than 1:30 p.m. on Thursday, December 10, 2009. The project number must be clearly marked on the envelope and the statement "PROPOSAL DOCUMENTS ENCLOSED, DELIVER TO PURCHASING DIVISION ONLY BEFORE 1:30 on Thursday, December 10, 2D09" placed in the lower left-hand comer of the envelope in which the documents are delivered. If the documents are placed in an envelope that is contained inside another envelope, the statement shall be placed on the outermost envelope. Any Proposal Documents not properly marked or not received In the proper place by the proper time v i die considered non -responsive. NO FAXED PROPOSALS WILL BE ACCEPTED 1.6 QPENING OF PROPO$AU: The names of each provider submitting a Proposal will be read aloud at 2:00 P.M. on Thursday. December 10, 2009 in the Fort Worth City Council Chambers. The Proposals shall be handled so as to avoid the disclosure of the remainder of their contents to competing offerors and so as to keep such contents secret during negotiations. All Proposals will be open for public inspection after the contract is awarded. However, infunnatiun in the Proposal Packages subject to the trade secrets exception of the Public Information Act under § 552.110 of the Texas Government Code or the confidential information exception under §552.101 of the Texas Government Code will not be open to public inspection. It is the responsibility of the Provider to clearly mark as such any information they deem trade secret or confidential. The Proposal Documents submitted in accordance with this Request for Proposal shall remain valid for ninety (90) days after the due date. 1.7 PROPOSAL EVALUATION CRITMA: Proposals will be evaluated by qualitative measures and will be weighted as follows: 1-2: Amended December 1, 2009 City of Fort Worth_DEM10-02:HHWD 10 of 55 12/8/2009 no w Heritase Environmental Services, LLC. 7901 W. Morris St.. «� Indianapolis, IN 46231 (800)827-4374 TIM The City's requirement for MMBE participation has been waived for these services. 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 BIDDER'S BOND HERE BOUND WITHIN THE PROPOSAL PACKAGE City of Fort Worth_DEM10-02:HHWD 11 of 55 12/8/2009 Herital-e Environmental Services, LLC. 7901 W. Morris St.. _ Indianapolis, IN 46231 (800)827-4374 TOBIAS INSURANI E 51`1 F IN5URANt F HI k MANA AMf NJ ErM1Pt UYt F fif NFF 1� SURf November 30, 2009 Mr. Ricky Belk Heritage Environmental Services, LLC 1840 N. 105th Ave Tulsa. OK 74116 RE_ Bid Bond Dear Ricky: I am pleased to enclose the following bid bond as requested. Please be sure to sign and seal this bond before filing it with the proper authorities. BID BOND CITY OF FORT WORTH OWNER/OBLIGEE: DESCRIPTIONS PROJECT: DEM10-02 HHWD, TRANSPORTATION. DISPOSAL AND RECYCLING OF HOUSEHOLD HAZARDOUS WASTE DID DATE 12-3-09 I wish to thank you for allowing our agency to handle your bonding program Please let me know if we may be of further assistance. Yours very truly. T061l 8INSURANCE GROUP, INC 6c4 J. Rutigliano Enclosure a" City of Fort Worth_DEM10-02:HHWD 12 of 55 12/8/2009 ifs• Heritage Environmental Services. LLC. %_%�� 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 2.5 PROPOSAL SUMMARY TO THE CITY OF FORT WORTH: The undersigned hereby proposes to furnish transportation, disposal, and recycling of aggregated household hazardous waste (HHW). There will be no guaranteed minimum work under the contract awarded. K61612:041 IVI 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. MS .T 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 City . iii perform the folio-:^: ina 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 locatlon(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. 2-5 City of Fort Worth_DEM10-02:HHWD 13of55 12/8/2009 a" .r Heritaie Environmental Services. LLC. 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 All thee copies of the Proposal Documents have been submitted in one sealed envelope. X Addenda to the Request for Proposals have been received as acknowledged in Section 2.2. Unit prices are provided within the Proposal Documents in Section 2.6. This Proposal Summary and the accompanying Proposal Documents are intended to be complete and will remain valid for ninety (90) days from the date of submittal. PROVIDER: Heritage Environmental Services, LLC BY: Ricky Belk (Company Name) (Print or type name of signatory) 1840 N. 105th East Ave. (Address) (Signature) Tulsa. OK 74116 Operations Manager (City, State, Zip) — — Title (print or type) (918) 627-2671 (918) 627-2108 Phone) (FAX) pArl City of Fort Worth_DEM10-02:HHWD 14 of 55 12/8/2009 w Heriita2e Environmental Services, LLC. 7901 W. Morris St Indianapolis, IN 46231 (800) 827-4374 ■ 1 2.6 COST ESTIMATE LJ� Providers should provide a price estimate for each task proposed for this project. At least those tasks shown in the following list should be included. The Provider may wish to include additional tasks as appropriate depending on the complexity of the technology proposed. A cost estimate for each task associated with a subcontractor should be provided. NO COMPENSATION SHALL BE PAID to the Provider for the cost of obtaining and maintaining insurance, bonds, licenses, and certificates required herein or for fue surcharges, as these are considered part of the items for which lump sum or unit prices arc requested in this Proposal. COMPLETE THE FOLLOWING TABLES . —7 City of Fort Worth_DEM10-02:HHWD 15 of 55 .r 12/8/2009 i Heritage Environmental Services. LLC. 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 WASTE DESCRIPTION Unit(s) Unit Cost Break Down 1. RCRA Incineration lab- 55 gallon Transportation $20.00 packs drum Disposal $270.00 Off Spec Disposal rate $270.00 SUDdieS $15.00 2. RCRA Incineration 55 gallon Loose packs drum Transportation $20.00 Disposal $220.00 Off Spec Disposal rate $220.00 Supplies $15.00 Cubic Yard Box Transportation $40.00 Disposal $468.00 Off Spec Disposal rate $468.00 Supplies $37.00 Total Price $ 290.00 $ 240.00 $ 508.00 G�- 12/8/2009 City of Fort Worth_DEM10-02:HHWD 16of55 U�UrrDD TT���+ Heritage Environmental Services, LLC. !lGI11�i`IV� 7901 W. Morris St, Indianapolis, IN 46231 (800) 827-4374 55 gallon 3. RCRA Incineration drum Transportation $20.00 liquids (Assumes 55 gallon = Disposal $190.00 $ 233.00 Bulk and CYB = Loose Off Spec Pack) Disposal rate $190.00 Supplies $15.00 Cubic Yard Box Transportation $40.00 $ 508.00 Disposal $468.00 Off Spec Disposal rate $468.00 Supplies $37.00 55 gallon 4. RCRA Incineration drum Transportation $20.00 solids (Assumes 55 gallon = Disposal $190.00 $ 210.00 Bulk and CYB = Loose Off Spec Pack) Disposal rate $190.00 Supplies $15.00 Cubic Yard Box Transportation $40.00 $ 508.00 Disposal $468.00 Off Spec Disposal rate $468.00 Supplies $37.00 5. Fuel blending liquids 55 gallon Transportation $14.00 (No waste shall be used drum for fuel blending for Disposal $65.00 $ 79.00 cement kilns) Supplies $26.00 Ctl.-.— City of Fort Worth_DEM10-02:HHWD 17 of 55 12/8/2009 Heritage Environmental Services. LLC. 7901 W. Morris St, Indianapolis, IN 46231 (800)827-4374 6. Fuel blending solids 55 gallon Transportation $20.00 (No waste shall be used drum for fuel blending for Disposal $180.00 cement kilns) Off Spec Disposal rate $180.00 Supplies $15.00 Cubic Yard Transportation $40.00 Box Disposal $468.00 Off Spec Disposal rate $468.00 Supplies $37.00 7. RCRA landfill 55 gallon Transportation $20.00 drum Disposal $109.00 Supplies $15.00 WASTE DESCRIPTION Unit(s) Unit Cost Break Down 55 gallon 8. Class 1 landfill drum Transportation $20.00 Disposal $40.00 Off Spec Disposal rate $40.00 Supplies $15.00 Cubic Yard Box Transportation $40.00 Disposal $80.00 Off Spec Disposal rate $80.00 Supplies $37.00 City of Fort Worth_DEM10-02:HHWD 18 of 55 Cmo $ 200.00 $ 508.00 $ 129.00 Total Price $ 60.00 $ 120.00 12/8/2009 Heritage Environmental Services, LLC. 7901 W. Morris St, Indianapolis, IN 46231 (800)827-4374 9. Class 2 landfill, special 30 yard roll Transportation $500.00 waste off Disposal $250.00 Supplies $ N/A 10. Class 2 landfill, special waste 55 gallon Transportation $20.00 drum Disposal $40.00 Supplies $23:00 11. Treatment acids, 55 gallon bases (solid) drum Transportation $20.00 (Assumes Loose Packs) Disposal $134.00 Off Spec Disposal rate $134.00 Supplies $15.00 City of Fort Worth_DEM10-02:HHWD 30 gallon Transportation $15.00 drum Disposal $101.00 Off Spec Disposal rate $101.00 Supplies $13.00 19 of 55 $ 750.00 $ 154.00 $ 116.00 C io-^- 12/8/2009 Heritage Environmental Services. LLC. 7901 W. Morris St. Indianapofis, IN 46231 (800) 827-4374 12. Treatment acids, 55 gallon bases (liquid) drum Transportation $20.00 Disposal $100.00 Off Spec Disposal rate $100.00 Supplies $23.00 30 gallon drum Transportation $20.00 Disposal $80.00 Off Spec Disposal rate $80.00 Supplies $15.00 55 gallon 13. Treatment oxidizers drum Transportation $20.00 (Assumes Loose Packs) Disposal $168.00 Off Spec Disposal rate $168.00 Supplies $15.00 Cubic Yard Box Transportation $40.00 Disposal $168.00 Off Spec Disposal rate $168.00 Supplies $37.00 $ 123.00 $ 100.00 $ 232.00 $ 208.00 City of Fort Worth_DEM10-02:HHWD 20 of 55 G� 12/8/2009 Heritage Environmental Services. LLC. 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 14. Dangerous When Wet 5 gallon pail Transportation $13.00 Disposal $65.00 Off Spec $65.00 Disposal rate Supplies $5.00 15. Elemental mercury for 1 lb. Transportation $20 recycling, shipped in small Disposal $2.40lb containers Off Spec Disposal rate Supplies $10 16. Mercury debris 55 gallon Transportation $20 drum Disposal $2.40 ib Off Spec Disposal rate Supplies $10 17. Ammunition/ 10 gallon pail Transportation $16.00 Gunpowder / Explosives Disposal $75.00 Supplies $L00 18. Recyclable batteries 55 gallon Transportation $20 (primarily NiMH & NiCAD) drum Disposal $20 How would you like Off Spec material packaged? Disposal rate Per DOT regulations Supplies $15 19. Batteries for disposal 55 gallon Transportation $20.00 (non -recyclable batteries) drum Disposal $180.00 How would you like Supplies $.00 material packaged? Per DOT regulations L �� $ 78.00 $ 22.40 $ 25.40 $ 91.00 $ 110.00 $ 200.00 City of Fort Worth_DEM10-02:HHW D 21 of 55 Cta-" 12/8/2009 Herital?e Environmental Services. LLC. 7901 W. Morris St. Indianapolis, IN 46231 (800)927-4374 20. Compressed Type Size 10 lb flammable gas cylinders 10 pound Trans $20 cylinders 30 pound Disposal $20 cylinders 50 pound Supplies $10 cylinders i 21. Compressed pesticide Type Size 10 lb cylinders 10 pound Trans $20 cylinders 30 pound Disposal $75 cylinders 50 pound Supplies $10 . cylinders 30 lb 50 lb $20 $20 $ 50 / $ 70 / $ 70 $40 $40 $10 $10 30 lb 50 lb $20 $20 $ 105 ! $ 180 / $ 230 $150 $200 $10 $10 22. RCRA empty drums 55 gallon Transportation $10.00 drum 23. Recyclable latex paint 55 gallon drum Disposal $10.00 Supplies $NA Transportation $20 Disposal $101 Off Spec $101 Disposal rate Supplies $23 City of Fort Worth_DEM10-02:HHWD 22 of 55 $ 20.00 $ 121.00 G11>" 12/8/2009 i Heritage Environmental Services. LLC. 7901 W. Morris St, Indianapolis, IN 46231 (800) 827-4374 WASTE DESCRIPTION Unit(s) Unit Cost Break Down Total Price 24. Recyclable latex paint Cubic yard Transportation $40 (Assumes Loose Packs) box Disposal $245 $ 285.00 Off Spec Disposal rate $245 Supplies $37 25. Non -recyclable paint (incineration, 1-90% solid) 55 gallon Transportation $14 drum Disposal $65 $ 79.00 Off Spec Disposal rate $65 Supplies $26 26. Non -recyclable paint Cubic yard Transportation $40 (incineration, 1-90% solid) box Disposal $468 (Assumes Loose Packs) $ 508.00 Off Spec Disposal rate $468 Supplies $37 28. Aerosol Cans 55 gallon Transportation $20.00 (to be depressurized by drum the contractor and Disposal $100.00 $ 120.00 resultant metal must be recycled) Supplies $15.00 29. Asbestos (friable) 55 gallon Transportation $20.00 drum Disposal $99.00 $ 119.00 Supplies $15.00 30. Picric acid 5 gallon pail Transportation $13.00 Disposal $65.00 $ 7$.00 Supplies $5.00 City of Fort Worth_DEM10-02:HHWD 23 of 55 Gta^- 12/8/2009 Heritaee Environmental Services, LLC. 7901 W. Morris St. «� Indianapolis, IN 46231 (800) 827-4374 WASTE DESCRIPTION Unit(s) Unit Cost Break Down Total Price 55 gallon 31. Cyanide drum Transportation $20.00 (Assumes Lab Packs) Disposal $190.00 Off Spec $ 210.00 Disposal rate $190.00 Supplies $15.00 30 gallon Transportation P $20.00 $ 160.00 drum Disposal $140.00 Off Spec Disposal rate $140.00 Supplies $13.00 32. Recyclable metals 55 gallon Transportation $20.00 (empty paint cans, empty drum aerosol cans*, etc.) Disposal $40.00 $ 60.00 Supplies $15.00 Alternative Option 1: 55 gallon Transportation $20.00 / $40.00 33. Non -Hazardous drum Loose Pack (Mass Burn / Disposal $100.00 / $285.00 $ 143.00 / $ 368.00 Incineration — Energy to Cubic Yard Supplies $23.00 / $43.00 Fuel (Re -use)) Box * Heritage estimates that by creating this new Wastestream, the City of Fort Worth could transfer an estimated 20-30% of its "Non -Paint" materials into this stream. Please note, this would not only be a cost savings, but the materials placed in this stream would be in a recycle/re-use Waste -to -Energy (Steam) program. no City of Fort Worth_DEM10-02:HHWD 24 of 55 C 12/8/2009 M U�rDITA Heritage Environmental Services, LLC. !!L/IIUi 7901 W. Morris St.. Indianapolis, IN 46231 (800) 827-4374 • Note: If there is a metal waste stream that is considered non -recyclable by the Contractor, please indicate this below, otherwise it will be assumed that all recyclable metals will be deemed acceptable by the contractor. 1. Non -recyclable metal waste stream: Elemental Metals (Not otherwise mentioned aboveL Reactive metals. Reason: Reasons may include health & safety or operational concerns, recvclinq may not be an option, and/or cost effectiveness. 2. Non -recyclable metal waste stream: Reason: Service Type Price / Unit `33, On -site hay -cat analysis* Per test $ 0.�0/analysis * If coordinated with lab packing, there would be no charge for on -site haz-cat analysis. 34. Lab -pack Per 55 gallon drum $ 50.00 / 55 gallon drum 35. Lab -pack Per 30 gallon drum $ 50.00/ 30 gallon drum 36. Roll off box** 20 yard $500.00/day including delivery, pickup & rental 37. Roll off box** 40 yard $750.00/day including delivery, pickup & rental 38. Overpack*** 30 gallon drum $ 30:00/ drum _ 39. Overpack**** 55 gallon drum $ 95.00/ drum * Assumes the boxes would be used for general refuse. Price includes the disposal of the trash. * Heritage can provide all necessary training (one-time and annual) free of charge. Cc-, City of Fort Worth_DEM10-02:HHWD 25 of 55 12/8/2009 Heritage Environmental Services. LLC. CffJ67901 W. Morris St.� w Indianapoks, IN 46231 (800)827-4374 .. Disposal Total unit price Method 30 gal drum 20 gal drum 10 gal drum 5 gal drum/pail RCRA incineration Liquid $ 232.00 $ 150.00 $ 100.00 $ 77.00 RCRA incineration Solids $ 187.00 $ 125.00 $ 90.00 $ 63.00 Fuel blend liquid $ 56.00 $ 50.00 $ 45.00 $ 45.00 Fuel blend Solids $ 150.00 $ 100.00 $ 75.00 $ 50.00 Treatment bases/acids $ 71.00 $ 55.00 $ 50.00 $ 45.00 Treatment oxidizers $ 113.00 $ 80.00 $ 70.00 $ 50.00 Landfill w Hazardous $ 40.00 $ 40.00 $ 40.00 $ 45.00 Landfill Class 1 $ 40.00 $ 40.00 $ 40.00 $ 40.00 Landfill Class 2 $ 40.00 $ 40.00 $ 40.00 $ 40.00 Overpack $ 30.00 $ 30.00 $ 30.00 $ 30.00 Please provide costs for other disposal methods or wastes below. Please identify and describe the method. Disposal Total unit price w Method 30 gal drum 20 gal drum 10 gal drum 5 gal drum/pail Alternative option: Non -Hazardous w Mass Burn w r M City of Fort Worth_DEM10-02:HHWD 26 of 55 C� 12/8/2009 Heritage Environmental Services, LLC. 7901 W. Morris St. Indianapoks, IN 46231 (800) 827-4374 TRANSPORTATION COSTS: Less Than Truckload Pickups: Stop Fee $ 50.00 Freight $ 30.00/drum — (Note: LTL charges not to exceed full load charges.) Full Truckload Prices (not -to -exceed) Box Truck (40-48 drums of 12 cubic yard boxes) $ 1.000.00 Van Trailer (84-90 drums or 26 cubic yard boxes) $ 1.500.00 ,r Van Trailer (84-90 drums or 26 cubic yard boxes) $ 1.100.00 (paint onlv loads) 2 Hour Demurrage $ 60.00/hour* _ * First 120 minutes demurrage are free of charge. $60/hr charge applies after the first two free hours. no I" so C f e►N City of Fort Worth_DEM10-02:HHWD 27 of 55 12/8/2009 no lerita,ee Environmental Services, LLC. 1901 W. Morris St. Indianapo!t�s, IN 46231 (800)827-4374 2.7 QUALIFICATIONS OF THE PROVIDER: 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: Primary Contact: Secondary Contact: 7901 W. Morris St. Indianapolis, IN 46231 Office: (317) 243-0811 Ricky Belk Operations Manager Tulsa, OK (918) 629-1324 (918) 627-2108 Fax Casey Moore Sales Manager Tulsa, OK (918) 627-2671 (918) 627-2108 Fax T 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 so • 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 Manifest Tracking. 1218I2009 City of Fort worth_DEM10-02:HHWD 28 of 55 Heritage Environmental Services. LLC. 7901 W. Morris St. Indianapolis, IN 46231 (800) 827-4374 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, March 1999 ✓ 8 years of waste industry "field" experience i ✓ 7 years of Household Hazardous Waste management and coordination ✓ 7+ years of project management experience ✓ Strong working knowledge of EPA, DOT, and OSHA regulations. ✓ Strong emergency response experience/skills ✓ Strong personnel management skills Summary . ✓ Extensive waste disposal and An Operations Manager for over 3 years with a total of 8 transportation knowledge 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 For the last six years I have been responsible for the management and Household Hazardous execution of the City of Fort Worth Household Hazardous waste Waste contract. This includes coordination of assets, point of contact Fort Worth, TX between internal operations and the customer, profiling of new waste, January 2003-Present reporting and invoicing. City of Fort Worth_DEM10-02:HHWD 30 of 55 12/8/2009 no no .. m.w am Heritage Environmental Services. LLC. 7901 W. Morris St.. Indianapoks, IN 46231 (800)827-4374 EDUCATION University of Notre Dame AREAS OF EXPERTISE RCRA Compliance DOT Compliance Cost Analysis EMPLOYMENT HISTORY L �� CASEY A. MOORE SALES MANAGEMENT -WESTERN REGION Bachelors of Science, 1990- Chemistry/Biology(SCPP) Pricing Strategies Profitability Analysis Project Management Business Management Sales Management Presentation Skills Heritage Environmental Services Sales Manager Oct 2006-Present Responsible for sales management of the Gulf Coast, Mid -Continent and Central Plains. Hiring, recruiting, market management, price management, corporate/regional proposals, training, financial statements and budget responsibility, contracts and various internal company projects (pricing, emergency response, vendor management/development, safety). Heritage Environmental Services Operations Manager June 2004-Oct 2006 Responsible for daily business operations of HES-Coolidge, AZ a part B permitted hazardous waste facility. Responsible for daily business operations of HES-Signal Hill, CA a 10-day transportation facility. Supervised 16 operations employees. Focal points: compliance, safety, operational efficiency and cost-effectiveness. Heritage Environmental Services Sales Representative April 2003-June 2004 Sales management over multi -state territories representing private industry, transporters, consultants, chemical distributors, government/municipal, and household hazardous waste generators. Focal points: generation of new revenue, profitability, and exceptional customer service. IWU (AZ, CA, NV, UT, NM, TX) Regional Sales Manager 1999- 2003 Sales management over multi -state territories representing private industry, transporters, consultants, chemical distributors, government/municipal, and household hazardous waste generators. Focal points: generation of new business revenue, market penetration/recognition, and pricing strategies for a new TSDF. Univar USA (Phoenix, AZ) ChemCare Sales Rep -Southwest 1993 -1999 Sales management over multi -state territories representing private industry, transporters, consultants, and government/municipal contracts. Focal points: account maintenance, customer growth, sales management, customer service management and telesales management. Stepan Company (Texas) Sales Representative/Chemist 1990-1993 Responsibilities included: Commodity chemical sales, technical support, chemical formulating and bench chemistry applications for industry. Sales covered a multi -state territory across numerous industries including: petrochemical, cosmetics, compounding, industrial, oilfield, and emulsion/polymerization. Focal points: technical knowledge, account maintenance, and presentation skills. aw ADDITIONAL INFORMATION • Responsible for scheduling/dispatch for hazardous and non -hazardous loads into disposal sites. �. • Experience with land disposal restrictions, lab packing requirements and acceptance procedures at TSDF's nationwide. • Management of pricing/profitability structures for TSDF's, sales forces and special service projects. .. • Project management supervision and customer interface for remediations, closures and enforcement actions. City of Fort Worth_DEM10-02:HHWD 31 of 55 12/8/2009 Heritage Environmental Services, LLC. 7901 W. Morris St, Indianapo4is, IN 46231 (800)827-4374 ORGANIZATIONAL CHART City of Fort Ricky Belk Operations Manager Sinale Point of Contact Waste Profiling Jessica Klingel-Customer Service Waste Scheduling Jessica Klingel Customer Logistics Gene Parenzan- Logistics Manager Paperwork Ricky Belk -Operations Manager Labpacking/Waste Characterization Ricky Belk -Operations Paperwork Management Ricky Belk -Operations Manager Discrepancies Ricky Belk -Operations Manager Paperwork Return Ricky Belk -Operations Manager Invoicing Ricky Belk -Operations Manager City of Fort Worth_DEM10-02:HHWD 32 of 55 Casey Moore Sales Manager AltPrnatP Point of Contact 12/8/2009 Heritage Environmental Services, LLC. 7901 W. Morris St, Indianapolis, IN 46231 (800) 827-4374 WORK EXPERIENCES / WORK REFERENCES STATE OF MINNESOTA (-$750K/year) L�m" a. Washington County -Stillwater, MN Site location: Woodbury, MN Various mobile sites throughout Washington County 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 (6511430-6702 adam.frederick@co.washington.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. City of Fort Worth_DEM10-02:HHWD 33 of 55 12/8/2009 Heritaie Environmental Services. LLC. 7901 W. Morris St.. Indianapolis, IN 46231 (800) 827-4374 effNWOTA� 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 Description 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. ILLINOIS EPA (-$500-600K/year) Mr. Dan Rion 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794 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 No 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 City of Fort Worth _DEM10-02:HHWD 34 of 55 12/8/2009 Heritaie Environmental Services. LLC. 7901 W. Morris St.. Indianapoks, IN 46231 (800)827-4374 at least 16 Heritage employees per site; however, they are generally staffed with 24- 40 employees per site, depending 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. CITY OF INDIANAPOLIS (-$500K/year) City of Indianapolis Mr. Richard Wise 2700 South Belmont Ave. Indianapolis, IN 46221 (317) 327-2423 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. City of Kansas City Missouri (-500K/year) Ms. Lara Isch City of Kansas City, MO am 816-784-2081 Lara Isch @ kcmo.orq 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. Additional environmental services include labpacking, transportation and disposal of old chemicals for Kansas City, Independence, and Blue Springs School Districts. 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 City of Fort Worth _DEM10-02:HHWD 35 of 55 12/8/2009 Heritage Environmental Services. LLC. 7901 W. Morris St.. Indianapolis, IN 46231 (800) 827-4374 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. 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. 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. 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. _ Additional information can be found in the Heritage Audit package included in the originally sealed envelope. City of Fort Worth_DEM10-02:HHWD 36 of 55 12/8/2009 Heritage Environmental Services, LLC. 7901 W. Morris St. .. Indianapolis, IN 46231 (800)827-4374 Transportation and Paperwork Operating Procedures C M" A-MID'Iffif 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. M 2.9 SUBCONTRACTOR/DISPOSAL FACILITY LISTS SUBCONTRACTORS SUBCONTRACTORS NAME ADDRESS PHONE # FAX # PROPOSED DISPOSAL FACILITIES DISPOSAL FACILITIES NAME, OWNER, PHONE # PRIMARY TYPE OF AND ADDRESS CONTACT DISPOSAL PERSON PROPOSED TASKS Heritage Environmental (317) 243-0811 Ricky Belk Treatment, Mercury Services, LLC (918) 627-2671 Recycle, TSD Mass 7901 W. Morris St. Indianapolis, IN 46231 Heritage -WTI (330) 385-7337 Ricky Belk 1250 St. George St. (918) 627-2671 East Liverpool, OH 43920 Heritage Environmental (816) 453-4321 Ricky Belk Services, LLC (918) 627-2671 8525 NE 38' St. Kansas City, MO 64161 Covanta (918) 699-0011 Ricky Belk 2122 S Yukon Ave (918) 627-2671 Tulsa, OK 74107 burn Incineration, Fuels Blending EPA & STATE ID NUMBERS IND093219012 OHD980613541 Treatment, Landfill, MOD981505555 De -pack, Incineration Waste to Energy City of FortWorth_DEM10-02:HHWD 37 of 55 12/8/2009 Heritage Environmental Services. LLC. 7901 W. Morris St. Indianapolis, IN 46231 (800) 827-4374 LJ� 2.10 Subcontractor / TSD Facility —Qualifications and Capabilities 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 • Ion exchange regenerants • Landfill leachates • 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 -WTI, 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 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 [CC 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. City of Fort Worth_DEM10-02:HHWD 38 of 55 12/8/2009 Heriaa;e Environmental Services. LLC. 7901 W. Mofris St.. Indianapolis, IN 46231 (800)827-4374 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 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. City of Fort Worth_DEM10-02:HHWD 39 of 55 12/8/2009 W ur��y Heritage Environmental Services. LLC. 7901 W. Morris St.. Indianapolis, IN 46231 (800)827-4374 This matrix lists most of the common types of waste collected at the Environmental Collection Center. For each waste fisted, please indicate the proposed waste disposall 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, 7', "4", etc. Waste Proposed Disrpsal Method Material RCRA Landfill I RCRA Incineration Treatment Fuel Blendina cgf*r rspecih'r Acids!corrosives 2 1 1 2 Brake fluid Drain cleaners 1 2 1 Fertilizers Gasoline 1 2 a 2 1-WTE Glue adhesives Herbicides 1 1 2 Home cleaners Insecticides 1 1-Recycle Mercury 1 Nail polish 1 Pesticides Pharmaceuticals 1 1 Poisons Pool Cleaners 1 2 1 2 Solvents Stains 1 2 Striooers 1 Transmission fluid 1 �Varnish 1 City of Fort Worth_DEM10-02:HHWD 40 of 55 12/8/2009 w Heritage Environmental Services, LLC. %���DGf 7901 W. Morris St.. � Indianapolis, IN 46231 (800)827-4374 2.12 VENDOR'S COMPLIANCE TO STATE LAW The following information is required by the City of Fort Worth in order to comply with provisions of state law, TEXAS GOVERNMENT CODE § 2252.001, State or Political Subdivision Contracts for Construction, Supplies, Services; Bids by Nonresident. Every bidder shall affirmatively state its principal place of business in its response to a bid invitation. Failure to provide the required information shall result in your bid being declared non -responsive. Bidders' cooperation in this regard will avoid costly time delays in the award of bids by the City of Fort Worth. For this reason, each bidder is encouraged to complete and return in duplicate-, with its bid, the Statement of Residency Form, but in any event the low bidder shall submit this information within five (5) business days after the date of receipt of notification of apparent low bidder status from the Purchasing Division of the Finance Department. Failure to provide all required information within this designated period shall result in the apparent low bidder being considered non -responsive, and the second low bidder being considered for award. TEXAS GOVERNMENT CODE § 2252.001 defines a Texas "resident bidder" as a bidder whose principal place of business' is in the state of Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. TEXAS GOVERNMENT CODE § 2252.001 defines a "Nonresident bidder" as a bidder whose parent company or majority owner does not have its principal place of business" in the state of Texas_ Bidder's complete company name: Heritage Environmental Services. LLC State your business address in the space provided below if you are a Texas Resident bidder: State your business address in the space provided below if you are a Nonresident bidder: "The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principal Place of Business in Texas means, for any type of business entity recognized in the State of Texas, that the business entity: Has at least one permanent office located within the State of Texas, from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is submitted, and Has at least one employee who works in the Texas office Form prepared by: Ricky Belk Operations Manager (Name) November 30, 2009 (fie) Date: City of Fort Worth_DEM10-02:HHWD 41 of 55 12/8/2009 Heritaee Environmental Services. LLC. 7901 W. Morris St.. Indianapolis, IN 46231 (900) 927-4374 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 I Aggregate Pollution Legal Liability Treatment Center* I 10,000,000 I 10,000,000 * 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 10,000,000 10,000,000 Legal Liability WM Comprehensive General 1,000,000 2,000,000 Liability Automobile Liability 1,000,000 N/A Umbrella 10,000,000 10,000,000 Workers Compensation I 1,000,000 I 1,000,000 and 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 City of Fort Worth_DEM10-02:HHWD 42 of 55 12/8/2009 as so HeritaLye Environmental Services. LLC. 7901 W. Morris St.. Indianapolis, IN 46231 (800)827-4374 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 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. City of Fort Worth_DEM10-02:HHWD 43 of 55 12/8/2009 Heritase Environmental Services. LLC. ur�DD� JiIGII-.� 7901 W. Morris St.: Indianapolis, IN 46231 (800) 827-4374 WIS ACORD CERTIFICATE OF LIABILITY INSURANCE %V '- °"'� /03/09 t�s79-1 06/03/09 PRODUCER THIS CERTIFICATE IS ISSUED AS AMATTEROF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Tobias Insurance Group, Inc HQ HOLDER. THISCERTIFICATE DOES NOT AMEND, EXTEND OR 9247 N. Neridian St. Ste. 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Indianapolis IN 46260 Phone:317-844-7759 Fax:317-844-9910 INSURERS AFFORDING COVERAGE NAIL? INSIR® Heritrc Environmental MSURrA A: or..l.i1m icwuno� colpaty Serv1C s , LLC I NSUREH b: s: Bp— alry burs a C=P=Y 37885 plies to All Loca ions gh Named trau •t0ye t NSURE' C: iaridh ,mime Is. Cwjasy Indianapo1T1�8rINs4 2 1 NSUREPD1Wr Irt'L $retake L_n— .n. 26883 YNSUReP E. N� COVERAGES THE POUCESOF INSUFWNCE.ISrED BELOW SAYE BEEN ISSUED TO THE NSURED NAMEOABOVE FORTH_ POLICYPERIGD NI C 83. NOrMTHSTANDNG ANY REOUIREMENT, TERM ORCONWION OF ANY CONTRACT OR OTHER rDCL ENT WITH RESPECT TO VMICH THIS CERTLFCAIE MAY BE WUEDOR MAY PpRAIN, M IHBLUiAVCF MFOROW DY THE POLICES DEWRIOED HEREIN IS SUBJECT TO AL, THE TEAeIS, eXCLU51048 ANO COMITION3 OF 3JCH POUCIES. AGCR&:GA'E,/AT4 WOW N MAY HAVFREE NR®UOED BY PADCWIA, INS!lTR 1 R ■LaIL" PISRE TYPE OF INSURANCE POLICY NUMBER F-MI iFF[GnVF Y NIAnD11 DATE 1 AF&rTrf! 0 I ODlYYI LBRT3 GENERAL LIABILITY EACHOCC T rNCE � $1 , 000, 000 A R coAMERCIALoFw-RALIABLRY GW000304109 06/01/09 06/Ol/10 �"aE�iNIESI6« Ko; s100,000 CLAIMS MADE ® OCCUR I NED EK P Ay w * Pwse ) 3 5 , 00 0 INS R CONTRACTUAL DEF SONAL a ATI MURY $1, 00 0 , D 00 ,'1ewmAGGIEGATE ; s 2 , 000, 000 GENT AGGQiFGATE UMTADPI IFS PFR* I PRODLCTR. r!nmP.t]F AGG s2,000,000 1 1X 1 JPER6 n LCX: 7 P0.1C r AUTOMOBILE UASIUTY ODLBNW SINGLE UWr 1 00 0 0 00 B R ANVAJro ARC000304309 06/01/09 06/01/10 ica0i1j i , , ALL OW NE D AUTOi BOdLY NFLItY '. s SCIEDLII EU AUTOS I•a. pa�o.j ME R HREDAIJr05 L i -01N R NOVN® AUTOS PW Q R 1+ICS-9O PROPERTYLVAMOE $ R IPOLLUTIOrr P•w^.d•,p we GARAGE UAIKJTY AUTO ONLY-EAACCLEW s ANYAJTO OTTER THAN FA ACC ONLY: AUTO AGG I i EXCIESOU B ELLA LIABLITY EACH OCCURRENCE $10 , 000, COO 010 A xI OCCUR ❑cuvMsNwE UCCOOI183607 06/Dl/09 DG/01/10 AGGREGATE ' $10.000, 000 ( 1�390 s DE3ucreLe Ij Auto Poll s RE -EST ION S j $ MORKERSCONPEN3ATgNAIO m alArv- u n- X,TORYLI WITS FR. C �PROPRIELIO~RILITY "UrIVE WCO29996309 00/01/09 09/01/09 ELEACHAMICENT !i1,000,000 OFFC6U k%rRFKCLUOED7 '-L.DWASE-EAEVP.O $1,000,000 Ify.-. A -- -m SPECK-PROYIS DNS ceor E.LDISEASE-POUCYLBAT s 1 , 000, DOO _ OTHER D POLLUTION LEGAL LssuxaEe clAale NAnf 12/17/09 12/17/09 EACH LASS $10, 000,000 L 7�LITj APeLL=c 20 SClswl.m lxs POL AGG $23,000,000 OE3,: O TUNS 1 LOCATION31 VBIILLB ! EXCLtZE N3 AODED BY INDORSEMENT I WECIALPROVWO N3 Applies to all locations of the Named Insured. we CERTIFICATE FOLDER CANCELLATION miw I-1 3HOULD ANY OF THr ABOVE DILK111eiD FUDCEA BE CANCELLED I&FORE INE EXPIIIAIRAI Heritage Environmental DATE THEREOF, rFeISSUNGINSLMERMALLENDEAVORTOMAIL 30 DAVSWRRTEN Services, LLC NOTICETOTHE CEWFICATE HOLDER NAMED TOTHE LEFT. BUT FAILURE TO DO SO SMALL Applies to all Locations of the Named Insured IY►03E No oDuo^row opt umsurY of ANY KND LION THE IM3uowR. R8AOEM3 oR REPRESENTArIVES. r AIT71ED REPRESENTATNE ACORD 25 (2001108) f✓ {G�"'�K ORD CORPORATION 1088 City of Fort Worth_DEM10-02:HHWD 44 of 55 12/8/2009 Heritage Environmental Services, LLC. 7901 W. Morris St. Indianapolis, IN 46231 (800) 827-4374 ACORD CERTIFICATE OF LIABILITY INSURANCE O1�T1R0S1 DATE o7/io9 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF I FORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Tobias Insurance group, Inc RQ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9247 N. Meridian St. Ste. 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Indianapolis IN 46260 Phonel317-844-7759 rax:317-844-9910 INSURERS AFFORDING COVERAGE NAIC• INSURER A• Graaanich INuraoca company INSURER III IL sPaclalty ivaraoca Company 37885 r Heritage Transport LLC �rest INSURER C. wale" Aaurlaan 1". Company 7901 1/4at Norris J IIWSURER D : Indianapolis IN 2131 I wsuRER E COVERAGES Old THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NALEO ABOVE FOR THE POLICY PERIOD INDICA EO. NDTWITHSTANDING ANY REOUIREAENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCLOEKT WITH RESPECT TO WHICH THIS CERMCATE IMY BE ISSUED OR WY PERTAIN. THE INSURANCE AFFORDED BY THE PO LWAS DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH FWCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAR) CLARIS, � LTR Ind TYPE OF INSURANCE POLICY NUI �t►st,� ►vim �y� f D IAMM owTETlrwuW►q LIIKfS GENERAL LIABILITY ! EACH OCCURRENCE S 1, OOO, OOO A I CowERcuLLGENERUL.ueILm . gEC000304109 UI111Irnla ,gN�CV � 06/01/09 06/01/10 1 PREMLSEs1VtEaooawelwel s 100,000 CLABAS MADE j� oCCllt I uED Elm tMr arw w�+a^) s5,000 Z . CONTRACTUAL I PERSONAL S ADV INJURY S2,000,000 f �xHEtALAGGRE"TE S2,000,000 GENL AGGRE�GAT�E LIMIT APPLIES PER: _ PR I ODUCTS • Cok~ AGG S2,000,000 PRO ~ LAC POLICY 11 1 i AUTOnoB" LIABILITY COMBINED SESGLE LOST $1, 000, OOO B Z ANY AUTO ASC000304309 06/01/09 06/01/10 tE°"ooden1� ALL OWNED AUTOS eoDllY EttiRNRr � S SCHEDULED AUTOS (Per Pr+cll) Z HIRED AUTOS BODILY 04JL RY f Z NO"WNED AUTOS IPw bom"V) Z POLLUTION PROPERTY DAVIAN s Z ,NCO-90 (Par academ) GARAGE LJABLLJTY I AUTO ONLY • EA ACCIDENT S r ANY AUTO 1 OTHER THAN EA ACC : S Il AUTO ONLY AGG - S EXCESSIUMRIELLA LIABILITY ' EACH OCCURMNCE 11010001000 +• A Z OCCUR E CLAaauADE UZC001163607 06/01/09 06/01/10 AGGREGATE $10, 000, 000 ACS-90 $4 EICSSS 1 DEDUCTIBLE r AOTO POLL s RETENTION s s INS WORKERS COMPENSATION AND Z ITORY L"TS uER C EMrLOYERrLULBILrtr NIC929886309 08/01/09 1 08/01/10 E.L. EACHACCOENr S1,000,000 ANY PROPRETORIPARTFER?EXECUTNE OFFICERAE#MLR EXCLUDED? EL DISEASE FA EMPLOYEE $1, 000, 000 I M yyW, casrn0a uIO SPECVIL PROVISNS Oalow SIO - E.l DISEASE POLICY LIMIT S 1 , 000 , 0 OO OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY IINDORSEWNT I SPECIAL PR.L CERTIFICATE HOLDER CANCELLATION BZRIT - 3 SHOULD ANY OF THE ABOVE DESCRIED POLICES E[ CANCELLED BEFORE THE EX►BIATOA DATE TH WOF. THE MUM I ISUFM WLL EIDIRAVOR TO MAA 30 DAYS WRTTTEN ISO NOTICE TO THE CERTIFICATE HOLDER MUM TO THE LEFT, BUT FAILURE TO 00 $O SHALL HRRITAGE TRANSPORT, LLC IMPOSE NO OBLGATIOM OR LJAEKAY OF ANY IUND UPOH THE TOURER. RS AGEHTS OR 7901 WRST MORRIS STRLST INDIANAPOLIS IN 46231 REPRESENTATIVES' ALIT REPRESENTATIVE 015 I ACORD 2512001108) (/ 'ORD CORPORATION 198E City of Fort Worth_DEM10-02:HHWD 45 of 55 12/8/2009 Heritage Environmental Services. LLC. 7901 W. Morris St., Indianapolis, IN 46231 (800)827-4374 PWSVMYM ACORp CERTIFICATE OF LIABILITY INSURANCE 0>?1 °"fop FROMWISR: THIS CERMCATE is ISSUED AS A NATTER OF ONLYAND CONFERS NO NOH TIS UPON THE CERTIFICATE Tobias Insurance ftmp, Inc 90 NOLDL"k THIS CERTIFICATE DOES NOT AMEND, EXTEND DR .► 9347 N. Meridian St. Ott. 200 ALTER THE COVERAGE A"ORDEABYTHE POLICES IIELOW. Tndianapolia rZ 46260 Phone t 317-644 -7759 Faste317-944-9910 WSUR'MAFFORDINOCOVERAGE NAIC9 nNeLILIO WRAIN A: _ osea lob sa wo ao Goq W IN9~It a APSCA-12V TsMtrar. ompaw 37003 13 y� ip �t 11L9N M C! Lv/al X MaLeas Sq. L?eape or N�(IIiRR rrl® Tmrree raa+tssees es. 36940 East L �er�po�eOS�439Ot11 IaIINt3tEt OOVERAOES TIE POUCUS OP M'JO~= LQTAD MLOW WAVE W2N MUM N THE NSIMM NANO ASOYE FOR TIE POUCY PORIDD F ONGYI». NOMMISTMOPNI /NM RMUPSONT, TON OR MCI, JON OF ANY CO►RRACT OR OTM W DOCIAMW WITH RESPNCT TO WI "THIS CERTV rAATS k%Y S6 MWO OR NiLY POTAK THE INSURAN1106 APPOItlODOY TES[ POLICIES DESCISSSD HWWA S{ SIILIECT M ALL TH9 TOM. "CLU"A AND CONDIITON S 0 - WJ04 FOLLCw. AOMIEOATR LMR'0 SMWN LMY MAVI NW RODUCM IY PMD OLASAL LQ�WA _- Ti t Of INSLI NAM M POLJCT MANOR pATSYl7 1�1� LM� I�v►YT LMSfe SLDONAL LMLwdTV EACHOCCURFAVCa 11,000,000 � I► MLAONTIBNALLMaLRY 0=000304109 06/01/09 06/01/10 A° "' Sai�toaa Rl 4100,000 jzoCeSECTUAL 1 ocam dED 6P (Mr ono PWOOR) 63,000 I PEIISONAL&AM INJURY S1,000,000 1 ' caeslAL AoCRSGATL t 1, 0 0 0, 000 OiMLAOONjUV-CS41TAPPMPW PROOL&M-Q3WMPAOO 92,000,000 7POLIa, lil jP& nL. MTTOI'�LLK LAANNJTY pp,em Swou L"T 51 * 00 0, 000 a ][ AIPYN= AR0000304309 06/02/09 09/01/10 �o�0sp ALL OWNCO ALmGS aa#DUM AUTM Y NWLSIY S a I■+a) s � AUTOS j m °1`I•e�"o"�" S �t NONOWNID AUTOS — - x 1KC8-90 X 1 POLUITION- S 1AUWM&Y-SAAC0=W GARACF LIANA ' S AW AM __ OTNIR THAN 6A AM S _ AUIOONLY: A90 i - - F>Jt/AgN�LLA IJASiTT1• FJtiCH OCtLJWiWCI S eoa 04#1 OBE _ A �Ow.. [:]CLywwm MIC001103607 06/01/09 00/01/10 �PA*WQATa +11a,OS9,�N• Owwraw -- ` . - NET0100 N S S Y - — NAND - x 100"ny C � VERTILWARM em"� WC9296e6309 08/01/08 OE/01/09 U.EA4YNACCIDENTT S L,000,000 ELDNSE n-NAwwYee S1,000,000 K aaotrie.wdt- sP6CNL1ROvs10"N ElOWGSE-POLILYUI't $1,000,000 OTHER D POLLUTION TJ=1- PZ0001332906 01/01/09 01/01/30 MACH LOBO I11010001000 LIX31LLITY OOL&M ]ME" to, ALL LOSS $12,500,000 IRTIO ucseN or OPeNATm e (LOCATION! T verso it I S]S:IAJi w AODED eT M / SPIML PRd111leNa TAE WORXZU COMZKBATIDN POLICY DOES NOT 319CLUDS STATUTOAT L COVERAGE IN MONOPOLISTIC STAB OR POSSUSSIONS . • + CMTWICATIi HOLDER CANCELLATION 'a0Nito-1 1 eatN.N ANY OF TT! Ae01R NEecA M POLJCESaf CANDELLM SWORE TLs NxPMINIMIN DATE TMtBDF. TNe NeUNN See ~ WLL VDMVOR TONAL 30 DAYO VOTTiM w rAg Y0 Tw C8tw4CATN NDLD[N MNAao TO no Lin WT PALUNIIO NO to wwL► • Y stage-IrTi . I", , at a1 WAS no ammaIOe OR LMNRITY OF AM NQO UPON V e NNS WAK NTe AnNNOR 1230 at. George Street East Liverpool OR 43920-3400 NaTI� TNvST��� ISO E20pfpd) CORD CORPORATION 196E CORDZS City of Fort Worth_DEM10-02:HHWD 46 of 55 12/8/2009 Heritage Environmental Services. LLC. 7901 W. Morris St.. Indianapolis, IN 46231 (800)827-4374 2.14 PROVIDER'S LICENSES & CERTIFICATES Included in the sealed envelopes are three copies of the customer audit handbooks for both the Heritage Environmental Services, LLC — Indianapolis, Indiana and WTI Incinerator facilities. These audit handbooks will provide all of the requested information for licenses and certifications as requested in section 2.12 of the RFP. In addition, the following have been included: Heritage Transport D.O.T. Hauling Permits City of Fort Worth_DEM10-02:HHWD 47 of 55 12/8/2009 we Heritage Environmental Services, LLC. 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 t4i4aN � UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION f4awHAZARDOUS MATERIALS CERTIFICATE OF REGISTRATION FOR REGISTRATION YEAR(S) 20094 12 Registrant: HERITAGE ENVIRONMENTAL SERVICES LLC Attn: MARY C. HAYWORTH 7901 W MORRIS STREET INDIANAPOLIS, IN 46231 This certifies that the registrant is registered with the U.S. Department of Transportation as required by 49 CFR Part 107, Subpart G. This certificate is issued under the authority of 49 U.S.C. 5108. It is unlawful to alter or falsify this document. Reg. No: 051109 550 018RT Issued: 05/11/2009 Expires: 06/30/2012 Record Keeping Requirements for the Registration Program The following must be maintained at the principal place of business for a period of three years from the date of issuance of this Certificate of Registration: (1) A copy of the registration statement filed with PHMSA; and (2) This Certificate of Registration Each person subject to the registration requirement must firnish that person's Certificate of Registration (or a copy) and all other records and information pertaining to the information contained in the registration statement to an authorized representative or special agent of the U. S. Department of Transportation upon request. Each motor carrier (private or for -hire) and each vessel operator subject to the registration requirement must keep a copy of the current Certificate of Registration or another document bearing the registration number identified as the "U.S. DOT Hazmat Reg. No." in each truck and truck tractor or vessel (traders and semi -trailers not included) used to transport hazardous materials subject to the registration requirement. The Certificate of Registration or document bearing the registration number must be made available. upon request, to enforcement personnel. For information, contact the Hazardous Materials Registration Manager, PHH-62, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Washington, DC 20590, telephone (202) 366-4109. City of Fort Worth _DEM10-02:HHWD 48 of 55 12/8/2009 Heritase Environmental Services. LLC. 7901 W. Morris St. L Indianapolis, IN 46231 (800) 827-4374 No C M* � ffJ_6nV4`=NDN UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION HAZARDOUS MATERIALS CERTIFICATE OF REGISTRATION rde'O FOR REGISTRATION YEARS) 2009-2012 Registrant: HERITAGE TRANSPORT LLC Attn: MARY C. HAYWORTH 7901 W MORRIS STREET INDIANAPOLIS, IN 46231 This certifies that the registrant is registered with the U.S. Department of Transportation as required by 49 CFR Part 107, Subpart G. This certificate is issued under the authority of 49 U.S.C. 5108. It is unlawful to alter or falsify this document. Reg. No: 051109 550 014RT Issued: 05/11/2009 Expires: 06/30/2012 Record Keeping Requirements for the Registration Program The following must be maintained at the principal place of business for a period of three years from the date of issuance of this Certificate of Registration. (1) A copy of the registration statement filed with PHMSA; and (2) This Certificate of Registration Each person subject to the registration requirement must famish that person's Certificate of Registration No (or a copy) and all other records and information pertaining to the information contained in the registration statement to an authorized representative or special agent of the U. S. Department of Transportation upon request. no Each motor carrier (private or for -hire) and each vessel operator subject to the registration requirement must keep a copy of the current Certificate of Registration or another document bearing the registration MW number identified as the "U.S. DOT Hazmat Reg. No." in each truck and truck tractor or vessel (trailers and semi -trailers not included) used to transport hazardous materials subject to the registration requirement. The Certificate of Registration or document bearing the registration number must be made available, upon request, to enforcement personnel. For information, contact the Hazardous Materials Registration Manager, PHH-62, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Washington, DC 20590, telephone (202) 3664109. City of Fort Worth_DEM10-02:HHWD 49 of 55 12/8/2009 low Heritage Environmental Services, LLC. 7901 W. Morris St, .. Indianapolis, IN 46231 (800)827-4374 001 so IHWO20 ••• TEXAS NATURAL RESOURCE CONSERVATION COMMISSION ... Page: i Notice of Registration Date: 08/06/98 industrial and Hazardous Waste • This registration does not constitute authorization of any waste management activities or facilites listed below. The registration reflects hazardous and/or Industrial waste generation and management activities for which the registrant has provided notification. Requirements for solitl waste management are provided by Texas Administrative code section 335 of the rules of the Texas Natural Resource Conservation Commission (TNRCC). Changes or additions to waste management methods referred to in this notice require written notification to the TNRCC. Solid Waste Registration Number: 40735 EPA Id: IND058484114 The Solid Waste Registration Number provides access t0 computerized and filed information pertaining t0 your operation. Please refer to that number In any correspondence. Company Name: Heritage Transport, LLC Region: 0 Initial Registration Date: 06/04/1985 Site Name: Heritage Transport, LLC County: O Last Amendment Date: 06/29/1998 Site Location: 7901 W Morris Street, Indianapolis, IN Last Date NOR Computer update: 07/02/1998 Contact: Hysong, Gabriele 0. Title: Safety & Compliance Mgr. Phone: 317-381-6844 (800-381-6844) Mailing Address: 7901 W Morris Street Site Street Address: 7901 W Morris Street Indianapolis, IN 46231- Indianapolis, IN 46231- Registration Status: Active Registration Type: Transporter a Transporter Type: For hire Transport Wst Class: H Primary SIC Code: Handler Status: Operator information Owner Information Name: Name: Phone: Phone: Address: Address: As of 06/29/1998 - the next unassigned sequence number for WASTES 1s 0001 and the next unassigned sequence number for UNITS is 001. Section 335, Chapter 31 of the Texas AOminstrative Code specifies the notification, record keeping, manifesting and reporting requirements for hazardous and industrial solid wastes. 001 NEW City of Fort Worth_DEM10-02:HHWD 51 of 55 12/8/2009 e 7~ Heritage Environmental Services. LLC. % g 7901 W. Morris St.. Indianapoks, IN 46231 (800)827-4374 2.15LEGAL & COMPLIANCE HISTORY Certification of Provider's Legal and Compliance History Complete LINE, of the Following Certifications: I certify under penalty of law that the attached report of Providers Legal and Compliance History was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or Im persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. PROVIDER: Heritage Environmental Services. LLC Company Name (Signature) Date November 20.2009 BY: Ricky Belk (print or type name of signatory) Operations Manager Title (print or type) I certify under penalty of law that the legal and compliance history of Provider, Provider's officers, Provider's employees, and Provider's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against Provider, Providers officers, Provider's employees, or Provider's proposed subcontractors within the preceding five years. To the best of my knowledge and belief, this statement is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. PROVIDER: BY: Company Name (print or type name of signatory) (Signature) Title (print or type) Date _ The Legal and Compliance History information has been included at the end of this proposal. Included is a 5-year NOV Report for the Heritage -Indianapolis and WTI Incinerator facilities. City of Fort Worth_DEM10-02:HHWD 52 of 55 .r 12/8/2009 Heritage Environmental Services. LLC. %yam%Ili 7901 W. Morris St.. ♦� Indianapolis, IN 46231 (800)827-4374 2.16 HEALTH & SAFETY PROGRAM MANUAL Due to the size of the manual, attached is the Table of Contents from our Health and Safety Manual. Should specific programs be requested for review, please feel free to contact us and we will provide the information as soon as possible. Health & Safety Manual - Table of Contents Safety SOPs Hygiene SOPs and Forms Last Rev Last Rev Document or Form Document or Form Date Date i General Safetv Rules 5/20/09 Air Monitorina and Samplina 6/23/09 Behavior Based Safetv Program 5/21/09 Asbestos 6/25/09 Calibration 2/17/09 Arsenic 6/25/09 Contractor Preaualification 2/4/08 Benzene 6/25/09 Questionnaire 5/04/08 Bloodborne Pathoqens / Mixed Infectious Contractor Requirements SOP 04/11/08 Waste i Contractor's Safetv Manual (word) 7-30-09 Breathinq Air Cvlinder Inspections 6/26/09 Contractor's Safetv Manual (p-point) 7-30-09 Cadmium 6/26/09 Confined Space Entry 5/6/09 Chemical Hvaiene Plan 6/26/09 Construction / Demolition 12/21/07 Cold Stress 7/1/09 Cranes & Mobile Liftina Equipment 517/09 Decontamination 7/13/09 Drum / Container Handlina 6/22/09 Eve Protection 7/13/09 Electrical Safetv 5/21/09 General Laboratory Safetv 7/13/09 Emeraencv Response and Action Plan 5/22/09 Gas Hazards 2/19/09 Emeraencv Response 5/22/09 Hazard Communication 7/13/09 Excavation, Trenchina, Shoring 12/21/07 Hearina Conservation 7/13/09 Fall Protection Procedures and 6/30/09 Heat Stress 7/13/09 Trainin Fire Extinauishers 6/19/09 Hvdroaen Sulfide 7/13/09 i First Aid Procedures 5/22/09 Influenza Pandemic 7/13/09 Forklifts and Tow Motors 5/27/09 Isocvanate Waste Handlinq Procedures 7/14/09 Ground -Fault Circuit Protection 5/27/09 Lead 7/14/09 5/27/09 Lead Compliance for Construction / Grounding and Bonding 7/14/09 Coatinqs City of Fort Worth_DEM10-02:HHWD 53 of 55 12/8/2009 i Heritage Environmental Services. LLC. 7901 W. Morris St_ Indianapoks, IN 46231 (800) 827-4374 Groundina Proaram 5/28109 Medical Surveillance / Substance Abuse 10/21/08 HHW Protocols 5/28/09 Mercury 7/14/09 Hazard Identification / Risk Analvsis 3/13109 Personal Protective Equipment 6/27/08 Hoses/Couplina Procedure 5/28/09 Resoiratory Protection 2/4/08 Housekeeoina / Work Area 5/28/09 SCBAs 7/14/09 Inspections Incident Investiaation 10/29/09 SCBA Inspections7/14/09 Iniury / Medical Case Manaaement 10/29/09 Tank Certifications (Gas Free) 5/21/08 Lab Pack / Hiah Hazard Protocol 2/4/08 Safety Forms Ladders and Work Platforms 6/2/09 Bloodborne Pathogen Incident Report 7-29-09 Lift Safetv 6/2/09 Confined Space Entry Permit 10/18/05 Lockout / Taaout 4/28/09 Contractor Preaualification Questionnaire 7-29-09 Manaaement of Chanae 6/2/09 Forktruck Inspection 7-29-09 Medical and First Aid Supplies 6/8/09 Incident Investiaation Form 10/27/09 Motor Vehicle Proaram 6/8/09 Medical Certification of Fitness 7/29/09 On Site Work Reauirements 6/10/09 Near Miss Reportina Form 7-29-09 Pipeline Breakina Procedures 4/28/09 OSHA 40 Hour Field Experience 7-29-09 Poison Ivv and Poison Oak 6/10/09 PPE Hazard Assessment 7-29-09 Process Safetv Manaaement 6/10/09 Respirator Fit Test 7-29-09 Radioactive Material (Naturally 6/18/09 Occurrina) Safe Work Permit 10/18/05 Rail Car Safetv 2/9/09 Safety Trainina Roster 7-29-09 Recordkeepina 1/21/08 SCBA Inspection 7/30/09 Safe Drivina Proaram 6/18/09 Site Safetv Plan (Short Form) 7-30-09 Safe Work Permit Procedures 6/18/09 Vehicle Damaae Report 6/25/99 Safetv Health Plans 6/22/09 Vehicle Inspection 7/30/09 Safetv Meetinas 6/22/09 Waterblaster Permit 6/25/99 Samdina Safetv Procedures 10/30/09 Work Area Inspection (Site) 7/31/09 Sandblastina 6/22/09 Work Area Inspection (Shop) 7/31/09 Scaffoldlna 6/23/09 Daily renchinq Loa 7-29-09 Short Service EmDlovees 9/10/07 Excavation Permit 7-29-09 Sians. Sianals and Barricades 6/23109 Vac Truck Field Experience Loa 7/31/09 City of Fort Worth_DEM10-02:HHWD 54 of 55 12/8/2009 Heritage Environmental Services, LLC. 7901 W. Morris St.. «� Indianapolis, IN 46231 (800)827-4374 Solvents, Flammables• Compressed 6/23/09 Hepatitis B Vaccination Declination Gas Tank Cleaning and Decontamination 5/21/08 Vac Truck Checklist Ten-Dav Facilitv Container 7/21/08 Incident Checklist Management Training & New Hire Procedures 7/29/08 Environmental SOPs _ Underground Tank Removal 6123/09 Fuel Management Practices Unknown Container Handling 6/23/09 Management of Cvlinders Waste Classification 10/30/09 Manifest Discrepancv Mamt Vacuum Truck Operations 2/4/08 Facilitv Leasing Requirements Vehicle / Equipment Damage Reports 6/23/09 Manaqement of Overpacks Vehicle and Equipment Operations 2/1a109 Pharmacv Waste Procedures Waterblastina 127/09 Customer Privacv Procedures Welding / Cutting / Hot Work 4/28/09 Battery Packaainq Guidelines Work Zones 6/23/09 PCB Manaqement Wastestream Recertifcations no 7-29-09 7-29-09 7-29-09 1 /24/08 3/3/08 7/30/08 11/12/09 10/24/08 11/10/08 6/19/09 7/24/09 10/06/08 12/1/09 City of Fort Worth_DEM10-02:HHWD 55 of 55 12/8/2009 M I I I I NOTICE OF VIOLATION SUMMARY FOR HERITAGE — WTI, INC Violation of permit conditions B.I(e) and 7/16/09 DHWM NOV B.3(b) — incineration of inorganic metal NA bearing waste (40 CFR 268.3) Not operating Continuous Monitoring System WTI responded to OEPA in a letter 6/16/09 DAPC NOV (CMS) (load cells) while feeding waste via the dated 7/16/09. NA crane WTI responded to OEPA in a letter 6/16/09 DHWM NOV Feeding waste via the crane when load cells dated 7/15/09. WTI disagrees with NA were not functioning the violation and has asked for the NOV to be rescinded. NOV CEI (04/22/09) — Violations of SOPS in the NA 6/9/09 DHWM WAP CEI (04/22/09) — Waste held in a non- WTI responded in a letter dated NOV permitted area (nail polish in skip hoist hopper July 8, 2009. NA in Brass Alley) 2/9/09 PUCO Apparent No ID# for large quantity non -bulk containers Closed — No response necessary NA NOV (Case No. 32133017555) CEI (05/12/08) - Some emergency equipment WTI responded in a letter dated 6/25/08 Ohio EPA NOV items were not in the exact designated July 25, 2008. RTC received in a NA locations as designated in permit (Section G letter dated August 5, 2008 of Part B permit application). Improper Storage - extended and unauthorized RTC was also received in this 2/28/08 Ohio EPA NOV staging of incoming waste in the container NOV letter. This was abated prior NA receiving area. to issuing the violation. WTI responded in a letter dated 3/28/08. WTI responded and requested withdrawal of this NOV in a letter dated 2/27/08. Additional 2/7/08 Ohio EPA NOV WTI was cited for missing revision information was provided with the NA information on profiles and this was correlated response. This NOV was to the monitoring of feed rates. rescinded in a letter dated June 25, 2008. Revised 7/17/09 Page 1 of 6 I I f I I I I i I E 1 1 6 1/11/08 Ohio EPA 12/17/07 Ohio DAPC 12/11/07 Ohio EPA 6/26/07 4/05/07 Ohio EPA Ohio EPA 3/28/2007 Ohio EPA 11/08/06 Ohio EPA Revised 7/17/09 NOTICE OF VIOLATION SUMMARY FOR HERITAGE - WTI, INC Failure to prevent the failure of a tank system WTI responded in a letter dated NOV and failure to take precautions to prevent 2/6/08. More info was requested accidental ignition or reaction of ignitable or in OEPA letter dated 2/7/08. WTI reactive waste is awaiting OEPA RTC. WTI responded in a letter dated NOV 1/11/08. WTI is awaiting OEPA NA Failure to route vapors to a control device. RTC. CEI (I 1/13/07) — Slag on the ground in 90 day East (Waste not properly managed) Abated. WTI to responded in a NA NOV CEI (11/13/07) — Storing of containers letter dated 1/11/08. RTC was outside of permitted storage areas (large dated 2/15/08. Additional letter containers, cylinders not being placed into sent 3/14/08 NA permitted storage and floating around the CPB for extended periods of time) CEI(4/27/07) — Incompatible container NA incorrectly stored as result of label change. Abated. Responded in a letter NOV CEI(4/27/07) — Inspection record did not dated 7/26/07. RTC received in a NA include notations for perimeter check or safety letter dated 8/11/08. shower in scrubber building. Not submitting Unmanifested Waste Report Self Report to Ohio EPA letter NA within the required 15 day time period OAC dated 3/22/07. Return to NOV 3745-54-76. Compliance and NOV in a letter dated 4/5/07. Abated. Responded in a letter NA NOV Missing info on the Annual Hazardous Waste dated 5/2/2007. Return to Report. Compliance letter dated 8/14/2007. Items relocated to proper locations NA CEI (9/26/06) — Some emergency equipment — immediately abated. WTI NOV items were not in the exact designated responded in a letter dated 12n106. locations as designated in permit (Section G Return to Compliance letter dated of Part B permit application. 1/11/07 CEI (9/26/06)— Three waste drum delivery WTI responded in a letter dated NA trailers were received outside of receiving 12/7/06. Return to Compliance hours without documentation of EPA letter dated 1/11/07. notification. Page 2 of 6 I 1 1 I I NOTICE OF VIOLATION SUMMARY FOR HERITAGE — WTI, INC Count l: Violated Subpart CC (265.1085(i)) Proposed penalty of $750,000 for Consent Decree with feed building venting to the Carbon the four violations — Consent US EPA Inspection Boxes Decree issued 12/4/06 with 30 day conducted 2/5/07 — Count 2: Violated permit limit for Dioxins comment period (extended another In Compliance 6/23/05 US EPA Administrative during CPT failure in Sept 2003 14 days due to typographical error Order Count 3: WTI failed to change out Carbon in FR). boxes according to design specifications Count 4:Shipped carbon on bill of lading and not hazardous waste manifest. Count I: An employee was not wearing fall $6,000.00 protection while up on the tanker work Penalty assessed. platform. 5/24/05 OSHA Penalty Count 2: Did not evaluate Bulk Liquid tankers owned by another party as a confined space on our plant site. Citation 3: allowing contract employee enter a confined space with out adhering to our established work practices. Shipped carbon ob bill of lading and not WTI responded in letter dated N/A hazardous waste manifest 6/9/05. US EPA responded in letter dated 6/20/05 and issued an 5/24/05 US EPA NOV Admin Complaint including this NOV. Confined Space permit identified "Materials $700.00 may be Harmful to the skid', but did not Penalty assessed. 1/20/05 OSHA Penalty specifically state the ash inside the boiler was hot. WTI paid fine for violation. CAFO $40,000.00 9/24/04 US EPA NOV WTI violated CAA standards for Semi- issued 3/31/2005 volatile metals during Comprehensive Performance Test (MACT) Violated Subpart CC with Extruder roll -off WTI responded 9/03/04 — not N/A 8/12/04 US EPA NOV container lid. correct — US EPA acknowledges as Resolved Revised 7/17/09 Page 4 of 6 8/ 12/04 8/ 12/04 7/ 19/04 6/30/04 6/22/04 US EPA US EPA NOTICE OF VIOLATION SUMMARY FOR HERITAGE — WTI, INC Violated Subpart CC (265.1085(i)) with feed WTI responded 9/03/04 — not building venting to the Carbon Boxes correct. US EPA responded in NOV letter dated 6/20/05 and issued an Admin Complaint (062305) including this NOV US EPA — Violated permit limit for Dioxins WTI responded 9/03/04 — not during CPT failure in Sept 2003 correct. US EPA responded in NOV letter dated 6/20/05 and issued an Admin Complaint (062305) including this NOV Ohio EPA NOV Ohio EPA NOV Ohio EPA NOV 4/02/04 Ohio EPA NOV 2/26/04 Ohio EPA NOV 1/28/04 Ohio EPA NOV CEI (5/18/04) — Drums at Riddling Chute not properly labeled CEI (5/18/04) —Leaking roll -off containers in WTI responded in a letter dated8/13/04. 90 days RTC Letter dated February 8, 2005 CEI (5/18/04) — Info miscommunication in burning OCEI Lead containers WTI stored Lab Pack on -site > 180 days WTI responded in a letter dated (drum was lost in system and found during a 7/7/04. RTC in letter dated7/19/04 cycle count) WTI responded in a letter dated Lithium waste caught fire in Container 7/19/04. RTC in letter process dated7/22/04 WTI responded in a letter dated Burning conditionally approved waste without 4/30/04. RTC in letter dated obtaining_ pre -acceptance sample February 25, 2005 WTI responded in letters dated Not reporting malfunction of Pink Plume 3/2/04 & 3/31/04. CLOSED Suppression NOV and RTC in the same letter Submitting invalid EPA ID on Annual dated 1/28/04. Hazardous Waste Report N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Revised 7/17/09 Page 5 of 6 NOTICE OF VIOLATION SUMMARY FOR HERITAGE - VVTI, INC CEI (11/4/03) - WTI did not send hospital or N/A ELPD copy of Contingency Plan revise for June revision (NOV issued during June 2003 CEI) WTI responded in a letters dated 1/5/04 Ohio EPA NOV CEI (11/4/03) - Inspection form not initialed 2/6/04, 5/3/04, & 7/6/04. RTC in N/A by inspector or manager Letters dated 4/02/04 & 7/14/04 CEI (11/4/03) - WTI did not follow annual N/A training refreshers Revised 7/17/09 Page 6 of 6 I HERITAGE ENVIRONMENTAL SERVICES, Compliance History Heritage Environmental Services, Indianapolis, IN - Notice of Violations Date of Date Filed or Loc Regulatory Agency Identification Inspection Issued Allegation Response Pen Amt Indiana Department of INR-C Environmental Management Letter of Compliance 417109 4/16/09 No Violation - GW Monitoring Well Inspection None NO $0.00 Indiana Department of INR-C Environmental Management Letter of Compliance 1/26/09 2/12/09 No Violations None NO $0.00 Indiana Department of Inspection Summary INI Environmental Management Letter 1/16/09 1/16/09 No Violations. None NO $0.00 INI City of Indianapolis Air Permit Inspection 12/17/08 None No Violations. None NO $0.00 Facility documented to the IDEM that the container was immediately Indiana Department of Alleged violation that was corrected at time of inspection. Cited transported off -site for disposal. The IDEM returned the facility to INI Environmental Management Violation Letter 11/13/08 12/4/08 a 90-day accumulation exceeding time limit. compliance 12/4/2008 NO $0.00 Indiana Department of Operation and INR-C Environmental Management Maintenance Inspection 10/16/08 10/16/08 No Violations None NO $0.00 Alleged violation for not having start of accumulation date on a container. Alleged violation of QA/QC procedure listed in WAP, Heritage corrected the container label to include date after reviewing Indiana Department of procedure specifies that compatibility samples are stirred but facility inventory record. Heritage modified QA/QC SOP to specify INI Environmental Management Violation Letter 9/18/08 10/15/08 SOP specifies mixture by pouring without stiring. stirring rather than mixing by act of pouring. NO $0.00 Indiana Department of INR-D Environmental Management Inspection Form 48277 8/15/08 None No violations None NO $0.00 Industrial User INI City of Indianapolis Pretreatment Inspection 7/23/08 None No violations None NO $0.00 Pretreatment MOK City of Kansas City Compliance 7/22/08 7/22/08 In Compliance Noification None NO $0.00 Indiana Department of INR-C Environmental Management Construction Inspection 7/8/08 7/8/08 No Violations None NO $0.00 Indiana Department of INI Environmental Management RCRA Inspection 6/30/08 7/29/08 No violations None NO $0.00 Indiana Department of Environmental Management (on INI behalf of EPA) TSCA Inspection 6125/08 None No violations None NO $0.00 Indiana Department of Operation & INI Environmental Management Maintenance Inspection 4/15/08 5/27/08 No Violations None No $0.00 All I I Loc Regulatory Agency 1 1 I 1 Il 1 1 1 1 1 1 I I E 1 HERITAGE ENVIRONMENTAL SERVICES, Compliance History Date of Date Filed or Identification Inspection Issued Allegation Response Pen Amt Heritage provided contractor training information and sought clarification from IDEm on the scope of training. Heritage was aware ' Alleged violations for not having documentation pertaining to of coating deterioration and was monitoring the situation as a part of RCRA training for contractors, an unlabeles container, failure to bid solicitation for permanent repair to occur when weather Indiana Department of repair deteriorated coatings on a pump pad and failure to conditions were condusive to repair. The coating repair was INI Environmental Management Violation Letter 3/11/08 4/23/08 document a corrective action from a daily inspection. completed in may 2008. matter pending with IDEM. NO $0.00 Indiana Department of Inspection Summary INI Environmental Management Letter 3/10/08 3/10/08 No Violations None No $0.00 Indiana Dept of Environmental INR-C Mgmt Inspection 12/11/07 12/11/07 No Violations None NO $0.00 Indiana Department of INR-D Environmental Management Inspection 12/10/07 None No violations None NO $0.00 I Alleged violations of recordkeeping requirements, failure to Former employee and contractor diverted 2 containers contrary to maintain the facility to prevent the potential for a release, and company policies and procedures. Heritage conducted an Indiana Department of failure to follow operating procedures to prevent unauthorized investigation with IDEM, provided records to IDEM, and voulentarilly INI Environmental Management Violation Letter 11/9/07 2/5/08 persons access to the facility revised security proceduresfor contractors and employees. YES $50,000.00 Indiana Dept of Environmental Inspection Summary INR-C Mgmt Letter 11/6/07 11/20/07 No Violations None NO $0.00 Indiana Department of Construction Inspection INR-D Environmental Management State Form 47272 11/5/07 None No violations None NO $0.00 Indiana Department of Construction Inspection INR-D Environmental Management State Form 47272 10/22/07 None No violations None NO $0.00 Indiana Department of Construction Inspection INR-D Environmental Management State Form 47272 10/16/07 None No violations None NO $0.00 Indiana Department of Construction Inspection INR-D Environmental Management State Form 47272 10/9/07 None No violations None NO $0.00 Indiana Department of Construction Inspection INR-D Environmental Management State Form 47272 10/3107 None No violations None NO $0.00 Indiana Department of Inspection Summary Alleged violation of visible air emissions at a containment Corrected immediately at the time of inspection. Followed up with INI Environmental Management Letter 9/26/07 11/5/07 building during unloading of a vehicle additional employee training specific to fugitive emissions. NO $0.00 Indiana Department of Construction Inspection INR-D Environmental Management State Form 47272 9/19/07 None No violations None NO $0.00 Hazardous Materials Alleged violation for failure to completely tighten manway - Matter pending. Heritage upgraded procedures and practices at the DOT FedSWI Railroad Administration Violation Report 9/8/07 10/30/07 resulted in a leak of less than 1 gallon. facility YES I I 1 HERITAGE ENVIRONMENTAL SERVICES, Compliance History Date of Date Filed or Loc Regulatory Agency Identification Inspection Issued Allegation Response Indiana Department of Construction Inspection INR-D Environmental Management State Form 47272 8/27/07 Indiana Department of Construction Inspection INR-D Environmental Management State Form 47272 8/20/07 Indiana Department of State Form 50890 - INR-D Environmental Management Construction 817/07 Indiana Department of INR-D Environmental Management State Form 48277 8/7/07 Indiana Department of Inspection Summary INI Environmental Management Letter 6/20/07 Indiana Dept of Environmental Inspection Summary INR-C Mgmt Letter 5/25/07 Missouri Department of Natural Letter of Warning HW- MOK Resources 007-002 4/24/07 Indiana Dept of Environmental Inspection Summary INR-C Mgmt Letter 4/18/07 Indiana Department of INR-D Environmental Management Inspection Form 48277 4/13/07 Indiana Dept of Environmental Inspection Summary INR-C Mgmt Letter 3/29/07 Indiana Department of INI Environmental Management Violation Letter 3/22/07 None No violations None None None 8/9/07 5/8/07 5/7/07 None 4/24/07 4120/07 Indiana Department of INHT Environmental Management Violation Letter 3/13/07 3/20/07 Indiana Department of Inspection Summary INI Environmental Management Letter 12/20/06 2/6/07 Indiana Department of Inspection Summary INR-C Environmental Management Letter 12/5/06 1/11/07 Indiana Department of INR-C Environmental Management Letter of Compliance 12/4/06 12/28/06 Indiana Department of INR-C Environmental Management Letter of Compliance 11/28/06 12/28/06 Indiana Department of INR-D Environmental Management Inspection Form 48277 11/20/06 None None ` I Pen Amt NO $0.00 No violations None NO No violations None NO No violations None NO Alleged violation of one container improperly closed, a manifest Three issues corrected on the day of inspection. Repairs to coatings not being signed, marking of a Used Oil Tank were scheduled and repaired within 30 days. NO No Violations None NO Alleged that two containers exceeded 10 days in the ten day transfer area Heritage correctted the violation at the time of the inspection. NO No Violations (None NO No violations (None NO No violations (None NO Alleged violation of the words Hazardous Waste missing from a Corrected at the time of inspection. April 20, 2007 letter indicated tank system installed in March 2007 that the violation was corrected. NO Failure to have accumulation start date on a container being Container accumulation start dates were added at the time of transshipped through 10-day facility and failure to train on inspection. Heritage responded that employees working in the 10 hazardous waste management activities for employees at day area were trained. Return to compliance letter issued on April facility. 30, 2007 No Alleged violation for the presence of waste materials accumulated on the cross bars used for tarping over the beds Heritage corrected the matter at the time of the inspection. February of two roll -off containers. 6, 2007 letter indicated that the facility was in compliance. NO Alleged that an employee had not completed a portion of required RCRA training. Corrected violation on 12/6/2006 and provided to IDEM NO No violations None NO No violations (None No violations None $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 NO $0.00 NO $0.00 All I I I t I I i I I I t I: I i Ii I 1 I I HERITAGE ENVIRONMENTAL SERVICES, Compliance History Date of Date Filed or Loc Regulatory Agency Identification Inspection Issued Allegation Response Pen Amt Heritage responded to the violation letter by indicating that the material was cleaned up at the time of the inspection. A reagent silo Alleged violation of stabilization reagent (product) present on with a sealed conveyor system was purchased and installed to Indiana Department of concrete drive. The material was cleaned up prior to deliver reagent more efficiently into the the building. A reeinspection INI Environmental Management Violation Letter 10/26/06 1/10/07 completion of the inspection. was conducted on March 13, 2007 without violations noted. NO $0.00 Industrial User INI City of Indianapolis Pretreatment Inspection 10/10/06 None No violations None NO $0.00 Indiana Department of INR-D Environmental Management Inspection Form 48277 8/31/06 None No violations None NO $0.00 United States Environmental INR-C Protection Agency None 8/24/06 None No violations None NO $0.00 Heritage disagreed with the allegations because the technical requirements of the rules, inspections, and any corrective actions were being conducted in accordance with state and federal requirements. Heritage responded on September 6, 2006. A return to compliance letter was issued on October 30, 2006. Heritage voluntarily upgraded equipment that concerned the IDEM as the Indiana Department of Alleged violations of 40 CFR Subpart CC related to equipment equipment pertained to 40 CFR Part 264 Subpart CC. The upgrade INI Environmental Management Notice of Violation 6/8/06 8/31/06 leaks. was peformed in 2007. NO $0.00 Indiana Department of State Form INR-C Environmental Management 50890(R3/11-05) 5/24/06 None No violations None NO $0.00 Indiana Department of INR-D Environmental Management Inspection Form 48275 4/27/06 None No violations None NO $0.00 Indiana Department of INR-C Environmental Management Letter of Compliance 4/18/06 5/31/06 No violations None NO $0.00 Container was labeled at the time of inspection. Secondary containment area (due to the cleaning of a clogged line) near a Alleged violation of container staging requirements, a container pump was cleaned at the time of the inspection. Heritage provided a Indiana Department of Inspection Summary was not properly labeled, and waste was spilled into a response with documentation on June 27, 2006. Return to INI Environmental Management Letter 4/8/06 6/20/06 secondary containment area from cleaning out a clogged line. compliance letter issued November 14, 2006. NO $0.00 Indiana Department of INR-C Environmental Management Letter of Compliance 3/28/06 4/20/06 No violations None NO $0.00 Indiana Department of INR-C Environmental Management Letter of Compliance 2/27/06 3120/06 No violations None NO $0.00 All HERITAGE ENVIRONMENTAL SERVICES, Compliance History Date of Date Filed or Loc Regulatory Agency Identification Inspection Issued Allegation Response Pen Amt Indiana Department of INR-D Environmental Management Inspection Form 47272 2/2/06 None No violations None NO $0.00 Indiana Department of 4. INR-C Environmental Management titter of Compliance 12/19/05 1/6/06 No violations None NO $0.00 Heritage completed the biennial report and modified the used oil 9 waste analysis plan in response to IDEM requirements. Heritage Indiana Department of Hazardous Waste Alleged violation of used oil reporting requirements failure to provided a response with corrections on April 4, 2006. Return to INI Environmental Management Inspection Report 12/5/05 2/27/06 implement portions of the used oil waste analysis plan compliance letter issued February 28, 2007 NO $0.00 Indiana Department of INR-C Environmental Management Letter of Compliance 11/30/05 12/16/05 No violations None NO $0.00 Indiana Department of INR-D Environmental Management Inspection Form 48275 11/17/05 None No violations None NO $0.00 United States Environmental INI Protection Agency, Region 5 RCRA Inspection 10/4/05 9/7/06 No violations None NO $0.00 Indiana Department of INR-D Environmental Management Inspection Form 48275 9/23105 None No violations None NO $0.00 Indiana Department of INR-C Environmental Management Letter of Compliance 9/2/05 9/16/05 No violations None NO $0.00 Indiana Department of INR-D Environmental Management Inspection Form 48277 8/16/05 None No violations None NO $0.00 Industrial User INI City of Indianapolis Pretreatment Inspection 8/1/05 None No violations None NO $0.00 Indiana Department of INR-D Environmental Management Inspection Form 34505 6/29105 None No violations None NO $0.00 At IDEM request, Heritage filed a Class 1 permit modification on August 19, 2005 to update a table of emergency equipment and to Alleged violation for the location and presence of two fire clarify the location of the emergency equipment for inspection Indiana Department of Inspection Summary extinguishers listed on an inspection checklist were not present purposes in the permit. Return to Compliance Letter issued on INI Environmental Management Letter 6/21/05 8/15/05 at a specified location 9/22/2005 NO $0.00 Indiana Department of INR-C Environmental Management Letter of Compliance 6/14/05 8/15/05 No violations None NO $0.00 Indiana Department of INR-C Environmental Management State Form 50899 4/4/05 None No violations None NO $0.00 Violations alleged at the time of inspection of certain used oil Heritage corrected the alleged violations and provided information to Indiana Department of Inspection Summary management requirements. Heritage discussed the technical the IDEM. IDEM issued a retum to compliance letter December 5, INI Environmental Management Letter 3/14/05 7/5/05 issues and provided information to IDEM. 2005 NO $0.00 All 4 I I r ' i 1 1 1 1 HERITAGE ENVIRONMENTAL SERVICES, Compliance History Date of Date Filed or Loc Regulatory Agency Identification Inspection Issued Allegation Response Pen Amt Heritage contested the allegation by responding that there was Indiana Department of Violation Letter (VL, no violation. Heritage settled matter in September 2005 and INR-C Environmental Management 2005-14692-H) 3/5/05 8/17/05 Alleged violation of a tank management standard received a return to compliance letter February 9, 2006. NO 16, $0.00 Indiana Department of INR-C Environmental Management Letter of Compliance 2/21/05 3/15/05 No violations None NO n$0.00 Indiana Department of INI Environmental Management Letter of Compliance 1/4/05 2/15/05 No violations None NO $0.00 Indiana Department of INR-C Environmental Management State Form 50899 12/10/04 N/A No violations None NO $0.00 Indiana Department of INR-C Environmental Management Letter of Compliance 11/15/04 12/29/04 No violations None NO $0.00 Indiana Department of INI Environmental Management Letter of Compliance 10/30/04 1/10/05 No violations None NO $0.00 Indiana Department of INR-C Environmental Management State Form 50899 9/13/04 None No violations None NO $0.00 Indiana Department of INR-C Environmental Management Viiolation Letter 9/9/04 10/18/04 Alleged that hazard code missing from a manifest. Hazard code added to manifest at time of inspection NO $0.00 Indiana Department of INR-D Environmental Management Inspection Form 48277 8/30/04 None No violations None NO $0.00 All