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HomeMy WebLinkAboutContract 33157 . CITY SECRETARY CONTRACT NO. CONTRACT BETWEEN CITY OF FORT WORTH AND HERITAGE ENVIRONMENTAL SERVICES, LLC PROJECT # DEM06-04: HHWD FOR TRANSPORTATION, DISPOSAL & RECYCLING OF - HOUSEHOLD HAZARDOUS WASTE JANUARY 2006 i�SS�l�I1' J STATE OF TEXAS § COUNTY OF TARRANT § CONTRACT FOR TRANSPORTATION, DISPOSAL AND RECYCLING OF HOUSEHOLD HAZARDOUS WASTE This Agreement is made by and between the City of Fort Worth, a home-rule municipality .�, located within Tarrant County, Texas, acting through Libby Watson, its duly authorized assistant city manager ("City"), and Heritage Environmental Services, LLC, a Tnr3;ana corporation, duly authorized to do business in the State of Texas, acting through Dean Croft , its duly authorized president/vice president("Contractor"). 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: 1. DEFINITIONS Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Agreement, shall have the meanings hereinafter designated. City's Representative means the Director of the Department of Environmental Management, or such designee. Contract Documents means the proposal documents, specifications this Agreement and all .� attached addendum and memoranda. Deliverable Document means a report, manifest, or an invoice that shows the completion of a task. ECC means the City of Fort Worth Department of Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas, known as the Environmental Collection Center. Household Hazardous Waste Contract 1 of la For Heritage +rw Environmental Damages means 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 handling, collection, transportation, storage, disposal, treatment, recovery, and/or recycling of hazardous waste pursuant to this agreement, or the existence of a violation of environmental requirements pertaining to same, 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 all other costs incurred in connection with the investigation or remediation of such hazardous wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any 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 "Environmental requirements." 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 Household Hazardous Waste Contract of 14 For Heritage classified as a hazardous waste under 40 CFR Part 261, and which, when aggregated, must be handled as hazardous waste. Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid. Participating City means a governmental entity that is participating in Fort Worth's household hazardous waste collection program through an interlocal agreement with the City of Fort Worth. Proiect Manager means the City employee assigned by the Director of the Department of Environmental Management to manage the work required by this Agreement. RFP means the City's Request for Proposal entitled DEM06-04: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. 2. SCOPE OF CONTRACTOR'S SERVICES 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, Section 2.5 "Scope of Services" to the RFP and the Contractor's Response to the RFP including all addendum and attached memorandum which is 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. Household Hazardous Waste Contract 3 of 14 For Heritage no ,ww B. All work to be performed by Contractor will be specified in written work assignment(s) issued by the Project Manager. 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, +.rr 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, 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. D. Contractor agrees that it shall not assign, delegate, or subcontract any of the work described in this Agreement without first obtaining express written approval to do so from City. Contractor shall remain fully responsible for the satisfactory performance of such work and shall remain fully bound by the terms of this Agreement. City shall have the right to approve or reject: 1. all subcontracts retained by Contractor to perform services under this Agreement; 2. all methods of transportation and disposal of the aggregated household hazardous waste; 3. all methods of training provided to City employees; and 4. all primary and altemate designated facilities. E. Contractor agrees that no waste it accepts for disposal according to this Agreement shall be disposed of via fuel blending for use in cement kilns. F. Contractor shall take title to and be deemed to be the "Generator"for record keeping and paperwork purposes, 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. 3. SCOPE OF CITY SERVICES City agrees to perform the following services: Household Hazardous Waste Contract 4 of 14 For Heritage A. Designate a City representative to provide timely direction to the Contractor and render City decisions. B. Coordinate access to the ECC. C. Provide material safety data sheets (MSDSs) and process information as available on wastes for disposal. D. Provide timely notice to Contractor in writing of waste disposal projects, detailing the location(s), type of work, and other pertinent information. E. Aid in the selection of disposal methods. F. Provide required regulatory information for manifest and shipping paper information. 4. TERM The term of this Agreement shall run from one (1) year from the date of its execution. City shall have the right to extend this Agreement for up to three (3) consecutive one (1) year renewal *" terms, provided City and Contractor agree in writing at least thirty (30) days prior to the end of the initial or of the renewal term. 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. 5. INDEPENDENT CONTRACTOR Contractor shall operate hereunder as an independent contractor, and not as an officer, servant, or employee of the City. Contractor shall have the exclusive control of and the exclusive right to control details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture between the City and Contractor, its officers, agents, employees, and subcontractors; and the doctrine of respondeat superior has no application as between the City and Contractor, its officers, agents, employees, and subcontractors. 6. CO��PENSATION A. 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. B. 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. In the event that actual expenditures for a work assignment may result in a total cost in excess of the Household Hazardous Waste Contract 5 of 14 For Heritage not-to-exceed amount, Contractor must contact the Project Manager to request a modification of the Agreement before proceeding. C. City will make payments to Contractor after completion of a waste shipment or shipments from the ECC to the designated facility. D. Payment for services rendered shall be within thirty (days) after receipt of Contractor's correct invoices, contingent upon acceptance by City. 1. unit and total prices for transportation, disposal and recycling plus any changes for transportation, supplies, equipment, and purchased services if such are required; and 2. the total cost of all work assignments to date and the amount remaining in the Agreement. E. City is responsible for notifying Contractor regarding any questions it has concerning an invoice. 7. INSURANCE REQUIREMENTS Contractor certifies that it has and will maintain during the term of this contract, the below listed insurance covering the services to be performed, at a minimum. Prior to commencing work, the Contractor shall deliver to Fort Worth certificates verifying this coverage. At City's option, City may elect to have Contractor submit its entire policy for inspection. A. Commercial General Liability Insurance- $1,000,000 each occurrence and $2,000,000 aggregate. B. Professional Liability Insurance- (i.e. Errors and Ommissions Liability Insurance) $1,000,000 each ocurrence. C. Automobile Liability Insurance— Coverage on vehicles involved in the work performed under this Agreement, $1,000,000 per accident. The named insured and employees of Contractor shall be �. covered under this policy. The City of Fort Worth shall be named an Additional insured on Endorsement TE 9901 or equivalent, 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. D. Worker's Compensation— 1. Statutory limits for Worker's Compensation plus 2. employer's liability at a minimum: $ 100,000 each accident; Household Hazardous Waste Contract 5 of la , For Heritage = rte, $ 500,000 disease- policy limit; and $ 100,000 disease- each employee. E. Environmental Impairment Liability (EIL) and/or Pollution Liability- $5,000,000 per occurrence. EIL coverage(s) must be included in policies listed in items A and B 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 project shall be included under the Automobile Liability insurance policy or other policy(s). NOTE: BETWEEN A AND E 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. F. The following shall pertain to all applicable policies of insurance listed above: 1. Additional Insured Clause: 'The City of Fort Worth, its officers, agents, employees, and representatives are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under Contract with the City of Fort Worth." Exception... the additional insured requirement does not apply to Workers' ■* Compensation or Professional Liability policies. 2. Subcontractors shall be covered under the Contractor's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Contractor prior to the commencement of work and the Contractor shall deliver such to the City. 3. Prior to commencing work under this Contract, the Contractor shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. 4. Each insurance policy required by this Contract shall contain the following clauses: "This insurance shall not be canceled or non-renewed until after forty-five (45) days prior written notice has been given to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." Note: Written notice can be by Contractor or insurance company. 5. The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. 6. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in .w Household Hazardous Waste contract 7 of 14 For Heritage 6. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must be also approved by the City's Risk Manager. 7. Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. This requirement does not apply to the Professional Liability Policy. 8. Such insurance policies shall be primary, without right of contribution and not subject to any offset by any other insurance carried by the City or the Contractor. 9. If insurance policies are not written for specified coverage limits, an Umbrellas or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 10. "Unless otherwise stated, all required insurance shall be written on the "occurrence basis"". If coverage is underwritten on a claims-made basis, the retroactive date shall " be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 11. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. In the event the City requires the insurance limits to be increased or changes in policy categories or types of coverage, the City shall provide written notice to the contracting party. The contracting party will have ninety(90) days from the date of notice to comply with the additional requirements. ' 8 INDEMNIFICATION A. General Indemnification: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY OF FORT WORTH, AND ALL PARTICIPATING CITIES, THEIR 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 PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON OR ENTITY BUT NOT FORT WORTH OR ANY PARTICIPATING CITY. „® Household Hazardous Waste Contract a of 14 For Heritage B. Environmental Indemnification: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY OF FORT WORTH AND ALL PARTICIPATING CITIES, THEIR OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF HAZARDOUS WASTE WHICH UNDER THIS CONTRACT, WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. C. The obligations of the Contractor under this paragraph 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 indemnified parties). D. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, the City shall provide Contractor with reasonably timely notice of same. E. The obligations of the Contractor under this paragraph shall survive the expiration of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. F. 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. G. 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 evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved. 1. 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. 2. 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 ., Household Hazardous Waste Contract 9 of is For Heritage 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. 3. 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. 9. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards which are presented to persons, property and the environment by aggregate household hazardous waste. Contractor further warrants that it and its officers, agents, employees, and subcontractors 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 goveming its activities and is under no restraint or order which would prohibit performance of services under this Agreement. 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. 10. DEFAULT AND TERMINATION A. Contractor shall not be deemed to be in default because of any failure to perform under this Agreement, if the failure arises from causes beyond the control and without the fault .■ or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Govemment, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe �., weather. B. 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. Household Hazardous Waste Contract to of la For Heritage C. 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. D. 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. E. City may terminate this Agreement with or without cause upon thirty (30) days prior written notice to Contractor, provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The City shall pay for any such work in progress that is completed by Contractor and accepted by the City. F. Contractor may terminate this Agreement with or without cause upon ninety (90) days prior written notice to City. G. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this Agreement. 11. MODIFICATION No modification of this Agreement shall be binding on Contractor or the City unless set out in writing and signed by both parties. 12. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any pertinent books, documents, papers and records of the Contractor involving transactions relating to this Agreement. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract' as used herein includes purchase orders. �w Household Hazardous Waste Contract 11 of 14 For Heritage �r a� 13. NON-DISCRIMINATION A. During the performance of this Agreement, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. B. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this Agreement, that Contractor is an equal opportunity employer. C. 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. 14. GOVERNING LAW The validity and construction of this Agreement shall be governed by the laws of the State of Texas, except where preempted by federal law. 15. SEVERABILITY The provisions of this Agreement are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the Agreement. 16. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the Agreement shall not be construed or decreed to be a waiver of any other provision or condition of this Agreement, 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. 17. VENUE Venue of any suit or cause of action under this Agreement shall lie in Tarrant County, Texas. Household Hazardous Waste Contract iz of 14 For Heritage 18. NOTICES Any notices, bills, invoices or reports required by this Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the City: Brian Boemer, Director of Environmental Management City of Fort Worth Department of Environmental Management. 1000 Throckmorton Fort Worth, Texas 76102-6311 If to the Contractor: Rig1v Z Belk Heritage Env'ro nal 1840 Nnrf-h 105f-h F.aGf- Avenue nkl ahem 7411f; 19. ENTIRETY This Agreement, the contract documents and any other documents incorporated by reference herein 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 Agreement or any part thereof shall have any validity or bind any of the parties hereto. we. 20. ASSIGNMENT A The City and Contractor bind themselves and any successors and assigns to this Agreement. Contractor shall not assign, sublet, or transfer its interest in this Agreement without written consent of the City. Nothing herein shall be construed as creating any personal liability on the A part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. IN WITNESS THEREOF, the City of Fort Worth and Contractor have executed this Agreement in triplicate on this 23 day of Sana" , 2006 . HERITAGE ENVIRONMENTAL CITY O ORT WORTH SERVICES, LLC. BY: r Libby Watson Assistant City Manager Household Hazardous Waste Contract 13 of 14 For Heritage 7 q�I nn Signature Page 2jor Heritage Environmental Services Contract, LLC WITNESS: ATTEST: Marty Hendrix City Secretary APPROVED AS TO FORM AND LEGALITY: CORPORATE SEAL: 4v,-& V, "k Assista4bty Attorney CX01.06.06,3 Contract Author- lk tio "OR Date Household Hazardous Waste Contract 14 of 14 "7 For Heritage Bond Number: 104647942 Premium: $7,083.00 PERFORMANCE BOND (Required if contract amount exceeds S25,000) THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we, Heritage Environmental Services, LLC, a corporation of Indiana, hereinafter called Principal, and ST. PAUL FIRE AND MARINE INSURANCE COMPANY , a corporation organized and existing under the laws of the State of MINNESOTA and, fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation, organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: FOUR HUNDRED FIVE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($405,500.00) in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the day of 3 A.D. 200 , a copy of which is hereto attached and made of part thereof, or: Lab-packing,transportation, and disposal of household hazardous waste Designated as Project Number: DEM06-04HHWD, a copy of which agreement is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein;, such project being hereinafter referred to as the "work." NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specifications, and agreement documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless m" the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shalt be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond,venue shall lie in Tarrant County,State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in three counterparts each one of which shall be deemed an original, this the 7j day of _ A.D. 200 . HERITACE ENVIRONMENTAL SERVICES, LLC (name) PRINCIPAL ® ATTEST: BY: � - Qadr! off" (Principal) (Address) (SEAT. OF PRINCIPAL) (Witness as to Principal) ' ST. PAUL FI W AND MARINE INSURANCE COMPANY Surety BY: A TEST: (Attorney-in-fact) NICK J. RUTICLIANO -- 9001 WESLEYAN RD. SUITE 101 (Su ) retary, TERRY HURST INDIANAPOLIS, IN 46268-1176 (Address �r Ll U ' 'U 7hestpaul POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company w, St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 20286 Certificate No. 1981918 am KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the taws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"),and that the Companies do hereby make, constitute and appoint Nick J.Rutigliano,Timothy I Taylor and Robert M.Rutigliano of the City of Indianapolis State Indiana their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the Iwn performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 15th day of November 2002 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company t',1927 ' C#POf1ATt y� nn"-) KAl 19TI g 191.1 �p PETER W.CARMAN,Vice President THOMAS E.HUIBREGTSE,Assistant Secretary � State of Maryland City of Baltimore On this 15" day of November 2002 before me,the undersigned officer,personally appeared Peter W.Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. a!� In Witness Whereof,'I hereunto set my hand and official seal. q�+Dj"Ar ((// *�MMy Commission expires the 1st day of July,2006. REBECCA EASLEY-ONOKALA.Notary PvWk ow 86203 Rev.7-2002 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached,and '! RESOLVED FURTHER, that Attomey(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked.. IN TESTIMONY WHEREOF,I hereunto set my hand this day of , .yid � •F" � �°�... .: 5.�,...�,:. �`J SIX �4 sewt #;,SEaLiY 1977 18.51 Ip THOMAS E.HUIBREGTSE,Assistant Secretary wIr To verify the authenticity of this Power of Attorney,call 1-800-421-3880 and ask for the Power of Attorney cleric. Please refer to the Power of Attorney number,the above-named individuals and the details of the bond to which the power is attached. ew *err Bond Number: 104647942 Premium: $7,083.00 PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we, Heritage Environmental Services, LLC, a corporation of Indiana, hereinafter called Principal, andsT. PAUL FIRE AND MARINE INSURANCE COMPANY a corporation organized and existing under the laws of the State of WMREOA and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation, organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: FOUR HUNDRED FIVE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($405,500.00 in lawful money of the United States, to be paid in Fort Worth, Tarrant County,Texas , for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 2a day of ip, A.D. 200U a copy of which is hereto attached and made of part thereof, for: Lab-packing,transportation and disposal of household hazardous waste. Designated as Project Number DE.'v106-04HHWD=a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein; such project being hereinafter referred to as the"work." NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall He in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in three counterparts each one of which shall be deemed an original, this the 3day of Snwn. &j,_, A.D. 200 la PRINCIPAL HERITAGE E NMENTAL SERVICES, LLC ATTEST: BY: (Principal) $4*J AJ- los' 5-A%,k TU ISA (Address) (SEAL OF PRINCIPAL) (Witness as to Principal) ST. PAUL FIRE AND MARINE INSURANCE COMPANY Surety BY: TTEST: ttorney-in-fact) NICK J. RUTIGLIANO 9001 WESLEYAN RD., SUITE 101 (Surety) retary TERRY HURST INDIANAPOLIS_ IN 46268-1176 .�. (Address .m lheTpaul POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company w St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 20286 Certificate No. 1981819 1� KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St. res Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of lows,and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"),and that the Companies do hereby make, constitute and appoint Nick J.Rutigliano,Timothy J.Taylor and Robert M.Rutigliano 11� of the City of Indianapolis State Indiana their true and lawful Attorney(s)-in-Fact each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 15th day of November 2002 wt! Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company j� eqm* 2 719nlm-w 1977�pr KIL ' PETER W.CARMAN,Vice President .ur THOMAS E.HUIBREGTSE,Assistant Secretary State of Maryland City of Baltimore On this 15" day of November 2002 before me,the undersigned officer,personally appeared Peter W.Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and .s Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. teat In Witness Whereof,l hereunto set my hand and official seal. My Commission expires the I st day of July,2006. +r�„� REBECCA CASLOY•ONOKALA.Notary POWk 86203 Rev.7-2002 Printed in U.S.A. �e sit r This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effect,reading as follows: so RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in s� accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER,that Attomey(s)-in-Fact shall have the power and authority,and, in any case,subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. war IN TESTIMONY WHEREOF,I hereunto set my hand this day of , A �,,�n + �F Lir �°;.» .'� N.,r.^ ,�4►�' ,: •.ssJt ti•saan.r oc-1-752 1977 .g THOMAS E.HUIBREGTSE,Assistant Secretary To verify the authenticity of this Power of Attorney,call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number,the above-named individuals and the details of the bond to which the power is attached. s� ssi A +rrr HERITAGE ENVIRONMENTAL SERVICES,LLC December 16, 2005 Mr. Rex Johnson Ms. Shirley Hoover VIA E-MAIL CITY OF FORT WORTH Environmental Management Department 1000 Throckmorton Fort Worth, TX 76102 RE: DEM06-04: HHWD Dear Rex and Shirley: Listed below are some revised rates for the Transportation,Disposal and Recycling of Household Hazardous Waste that was originally bid on November 17, 2005. Waste Description Unit(s) Unit Cost Breakdown Total Price (T& D only) 2. RCRA Incineration 55 gallon drum/ Transportation $17.00/$37.50 $167.00/ Loose Packs Cubic Yard Box Disposal $150.00/$467.50 $505.00 Supplies $23.00/$43.00 3. RCRA Incineration 55 gallon drum/ Transportation $17.00/$37.50 Liquids Cubic Yard Box $207.00/ (Assumes 55 gallons Disposal $190.00/$467.50 $505.00 =Bulk and CYB= ®" Loose Pack Supplies $23.00/$43.00 19. Batteries for 55 gallon drum Transportation $17.00 Disposal (non- Disposal $138.00 $155.00 recyclable batteries) Supplies 23.00 In addition to the revisions on the wastestreams listed above, we offer the following revisions to the Transportation Cost below: Van Trailer 48' or ter $1,500.00 flat rate Heritage Environmental hopes the adjustments will secure our position as your vendor of choice for the Environmental Collection Center located on Bridge Street. Should you have any questions, comments or concerns please feel free to contact me at 214-906- 6291. Kindest Regards, Robin Baity Allen .,� Account Representative GO- ��Herita e.Enviro mental Services LLC. iG� Environmental � 7901 W.Morris St. Indianapolis, IN 46231 (800)827-4374 November 15, 2005 City of Fort Worth Environmental Management Department 1000 Throckmorton Fort Worth, TX 76102 Re: DEM06-04:HHWD To whom it may concern, - Heritage Environmental Services is pleased to provide the enclosed Transportation, Disposal and Recycling of Household Hazardous Waste proposal for your consideration. We are optimistic that the enclosed information, in conjunction with our service experience at the Bridge Street location, will allow us to maintain the service we have been providing to the Environmental Collection Center. Should you have any questions, comments, or concerns feel free to contact Jim Lovitz at 317- 390-3130. Sincerely, Heritage Environmental Services, LLC Robin Baity Account Representative City of Fort Worth_DEM06-04:HHWD 1 of 50 11/17/2005 Heritage Environmental Services, LLC. /7G/If 7901 W. Morris St. Indianapolis, IN 46231 (800)8274374 2.0 PROPOSAL DOCUMENTS 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. Pral norumants Initial if Induciad 1. PROPOSAL DOCUMENT CHECK LIST JL 2. ACKNOWLEDGE REQUEST FOR PROPOSAL ADDENDA JL 3. MINORITY and WOMEN BUSINESS ENTERPRISES JL ^* 4. BONDS JL 5. PROPOSAL SUMMARY JL 6. COST ESTIMATE JL 7. QUALIFICATIONS OF PROVIDER 8. EXPERIENCE REFERENCES JL 9. LIST OF SUBCONTRACTORSIPROPOSED TSDFS JL 10. VENDOR'S COMPLIANCE WITH STATE LAW JL 11. INSURANCE CERTIFICATES JL 12. PROVIDER'S LICENSES&CERTIFICATES JL 13. PROVIDER'S LEGAL&COMPLIANCE HISTORY JL 14. HEALTH&SAFETY PROGRAM MANUALS JL 15. USE OF PREFERRED WASTE DISPOSAL OPTIONS JL I understand that failure to submit all of these items may cause my submittal to be considered non- responsive. Name James Lovitz Title Corporate Program Manager Company. Heritage Environmental Services, LLC 2-1 City of Fort Worth_DEM06-04:HHWD 2 of 50 �f.1 ..'✓.�:�f L� I Uri/ Heritage Environmental Services LLC. 7901 W.Morris St. _L Indianapolis, N 46231 (800)827-4374 a.r 2.2 ACKNOWLEDGEMENT OF RECEIPT OF REQUEST FOR PROPOSAL ADDENDA 2.2.1 Check if applicable V 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 November 9, 2005 (Date received) Addendum Number 2 November 16, 2005 (Date received) Addendum Number 3 (Date received) 2.2.2 Check if applicable The undersigned acknowledges the receipt of no addpnda to the Request for Proposals. PROVIDER: HeritaLye Environmental Services. LLC BY: Robin Baity Company Name (print or type name of signatory) 1$40 N. 105th East Ave. Address ignature) Tulsa. OK 74116 Account Renresentative City, State,Zip Title(print or type) 2-2 City of Fort Worth_DEM06-04:HHWD 3 of 50 11/17/2005 MEMORANDUM DATE: November 8,2005 TO: Potential Hazardous Household Waste Disposal Services Provider FROM: Rex Johnson, Environmental Program Manager Environmental Collection Center,City of Fort Worth SUBJECT: Addendum to Proposal Package DEM06-04:HHWD On November 4,2005,the City of Fort Worth,Department of Environmental Management held its Pre-Proposal meeting for the Hazardous Household and CESQG Waste Disposal Services (DEM06-04:HHWD). During the meeting,there were several questions that arose regarding specific items not found in the Proposal Package. Below,you will find the questions asked during the meeting and the answers to each specific question: 1. Question: Do you buy supplies from your current vendor? Answer: No. 2. Question: Will there be a separate line item for a fuel surcharge? Answer: No.Any fuel surcharge would be part of transportation cost. 3. Question: What are the point values of the criteria for evaluation? Answer: FACTOR MAXIMUM WEIGHT Experience/Qualifications of Provider's Personnel 20 points Cost Estimated Submitted 30 points Provider's Legal and Compliance History 20 points Proposed TSDFs 20 points Provider's Work History With City* 10 points Quality of Provider's Subcontractors 15 points Use of preferred waste disposal options 30 points Facility Audit Evaluation 20 points TOTAL 165 points * No work history with the City will receive a score of 0 points. NOTE: Any of the above factors may be weighted as low as-20 points. Re: 2.6 Cost Estimate 4. Question: What is the current method of disposal for 6. Fuel blending solids(p.2-8) Answer: Incineration of solids. 5. Question: What is the makeup of waste items 8, 9 & 10 going to landfills? Answer: Currently batteries and evacuated paint cans are going to a secure landfill. 6. Question: Are items 11, 12 and 13 loose packed or bulk? Answer: Items 11 & 13 are loose packed; item 12 is bulk . 7. Question: Are poly or fiber drums used for items 12 & M. Answer: Poly 8. Question: What is difference between items 23 &24? Answer: Items 23 is bulk; item 24 loose pack. 9. Question: Items 25 & 26? Answer: Items 25 is bulk and 26 is loose pack for incineration. 10. Question: Do you pour enamels as well? Answer: Yes 11. Question: Items 33. 34, 35—Is this labor charges? On 33 #of personnel typically expected? Answer: Yes. On 33 cost of labor for one chemist for 8 hours 12. Question: Items 38 & 39- Overpack charge add-on? Answer: Yes additional cost of overpack for other line items. 13. Question: Formatting issues on 2, 3,4, 6, 8,20,21 and 32 has cut&paste issue. Answer: Please use new pages for all of 2.6 with corrections in are attachment. 14. Question: Recycable latex paint—Do you want the recycled paint back? Answer: No Section 2.7 15. Question: Bottom of page references Pre-Audit Screening Form but none are included in RFP package??? Answer: Strike verbiage regarding Pre-Audit Screening form at end of Section 2.7. Form will be required only of providers selected for facility visit. 16. Question: What is the basis for percentage of staff time devoted to this contract? Answer: Based on last year's work load there were 47 shipments. O. i 17. Question: Does responding within 5 days include all items such as explosives, high-haz,etc? Answer: Yes 18. Question: Manifests and labels? Answer: Vendor provides manifests and labels typically overnight within 5 days. 19. Question: Certificate of Destruction required for all shipments? Answer: Yes 20. Question: Can we get a copy of the existing contact? Answer: Current contract can be obtained by submitting a formal letter requesting such information through Shane Tackett in Records Management at (817) 392-8184. 21. Question: Do you want entire Health and Safety Manual? Some information is proprietary. Answer: Yes. Hard copy or on CD. Proprietary information should be notated. 22. Question: Does current contract increase in cost from year to year? Answer: No. Contract is for 1 year with 3 one year renewals with no change in pricing structure. Future contracts will be the same. 23. Question: Are waste volume spread consistent from year to year? Answer: Yes. 24. Question: Is RFP in PDF or word document format? Answer: RFP on web site is in PDF. 25. Question: Re: Section 2.12 -Do you want permits, licenses and certifications for all facilities? Wherever waste is shipped? Thru 10 day also? Copies for all sub-contractors? From all Federal and State Agencies? Answer: Yes, Yes, Yes, Yes, Yes 26. Question: Signed up for Purchasing updates but didn't receive notice about this RFP. Answer: Environmental Management prepares and posts its own RFPs. Purchasing only read the names of proposers in Council Chambers on submittal due date. RFP is on Department of Environmental Management's webpage. If you have any additional questions, please contact Rex Johnson at(817) 871-5275. r P P r r r n r n n r r r r r n A A MEMORANDUM DATE: November 16,2005 TO: Potential Hazardous Household Waste Disposal Services Provider FROM: Rex Johnson,'Environmental Program Manager Environmental Collection Center,City of Fort Worth SUBJ'EC'T: Addendum#2 to Proposal Package DEM06-04:HHWD On November 16,2005,the City of FortWorth,Department of Environmental Management, Environmental Collection Center was ask a question referring to aerosol cans. Below,you will find the question asked by a potential bidder of the contract: Question: Have the aerosol cans been emptied by the ECC oris there product remaining in the cans when the cofltracted company received them? Answer: A high percentage of the aerosol cans have product remaining in the container upon shipment to the disposal company. Yes,there will be product in the cans. If you have any additional questions,please contact Rex Johnson at (8 17)871-5275. Heritage Environmental Services, LLC. t 17GI11 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 2.3 MINORITY and WOMEN BUSINESS ENTERPRISES MINORITY and WOMEN BUSINESS ENTERPRISES (MIWBEI The City's requirement for M/W BE participation has been waived for these services. 2.4 BONDS 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_DEM06-04AHWD 4 of 50 11/17/2005 TOBIA S INSURANCE G1 OUP, INC. INSURANCE ■ SELF INSURANCE RISK MANAGEMENT EMPLOYEE BENEFITS SURETY November 15, 2005 Ms. Cari Reagan ` -Heritage Environmental Services, LLC 7901 W. Morris St. Indianapolis, IN 46231 RE: Bid Bond and Terrorism Rider Dear Cari: I am pleased to enclose the following bid bond and terrorism rider 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: DESCRIPTION: DEM06-04:HHWD, TRANSPORTATION, DISPOSAL AND RECYCLING OF HOUSEHOLD HAZARDOUS WASTE BID DATE: 11-17-05 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, TOBIAS)NSURANCE GROUP, INC. Nic J. Rutigliano Enclosure 9247 NORTH MERIDIAN STREET SUITE 300 ■ P.O. BOX 90380 INDIANAPOLIS, INDIANA 46290-0380 TEL (317) 844-7759 FAX: (317) 844-9910 WWW.TOBIAS.COM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document M10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we HERITAGE ENVIRONMENTAL SERVICES,LLC 7901 W.MORRIS ST.,INDIANAPOLIS,IN 46231 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and ST.PAUL FIRE AND MARINE INSURANCE COMPANY 9001 WESLEYAN ROAD,SUITE 101,INDIANAPOLIS,IN 46268-1176 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of MINNESOTA as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) CITY OF FORT WORTH,ENVIRONMENTAL MANAGEMENT DEPARTMENT,1000 THROCKMORTON,FORT WORTH,TX 76102 as Obligee, hereinafter called the Obligee, in the Sum of FIVE THOUSAND AND NO1100 Dollars ($ 5,000.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description of project) DEM06-04:HHWD,TRANSPORTATION,DISPOSAL AND RECYCLING OF HOUSEHOLD HAZARDOUS WASTE NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and se this 17TH day of NOVEMBER 2005 HERITAGE F-NyfkdNMENTAL SERVICES,LLC incjp (�_ (seal) ne (Title) rJ 062EN1 lhct- p/tOsl d"_. ST PAUL FIRE AND MARINE INSURANCE COMPANY (s (Seal) lWitness► (Title) NICK J.RUTIGLIANO ATTO*Y IN FACT AIA DOCUMENT A310 • BID BOND•AIA®• FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W.,WASHINGTON, D.C.20006 ® Printed cn Recycled Paper 9/93 STPAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On Nov. 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the federal government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the federal government will pay a share of such losses. Specifically, the federal government will pay 90 percent of the amount of covered losses caused by certain acts of terrorism, which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the federal government or an insurer can be responsible at $100 billion provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ILT-1018 (9/04) u� POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 20286 Certificate No. 1981755 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Nick J. Rutigliano,Timothy J.Taylor and Robert M.Rutigliano ww�r of the City of Indianapolis State Indiana ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 15th day of November 2002 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company �, 1927 MMOaNt �'� 00�7 •C+r(+ PETER W.CARMAN,Vice President r8 THOMAS E.HUIBREGTSE,Assistant Secretary State of Maryland City of Baltimore On this 15th day of November 2002 before me,the undersigned officer,personally appeared Peter W.Carman and No Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. F In Witness Whereof,I hereunto set my hand and official seal. &MA.AAA�"&-4j& O My Commission expires the I st day of July,2006. REBECCA EASLBY-ONO ALA,worry PW& oft 86203 Rev.7-2002 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company, United States Fidelity and Guaranty -Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2,1998,which resolutions are now in on full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds, undertakings, contracts and other instruments " relating to said business may be signed,executed,and acknowledged by Persons or entities appointed as Attome (s in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or Im undertaking to which it is validly attached;and w RESOLVED FURTHER,that Attomey(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in-full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this 17TH day of NOVEMBER 2005 sax �' s�a ::itn len It Odt THOMAS E.HUIBREGTSE,Assistant Secretary To verify the authenticity of this Power of Attorney,call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number,the above-named individuals and the details of the bond to which the power is attached. ppprr�e��r Heritage Environmental Services, LLC. t!]GIIf 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. RMPF QF:4FRVICFS 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, fuels blending, treatment, and landfilling) of hazardous and other regulated materials; Note: No waste shall be used for fuel blending for cement kilns. Recycling and treatment of waste materials whenever feasible; Assume Generator Status of all wastes; Respond to all City disposal requests within 5 business days of the written disposal request sent via facsimile or e-mail; .� . Provide labels, paperwork 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. NQTF• The City reserves the right to perform site visits, audits, and inspections of Provider storage locations and equipment and of Subcontractor facilities - utilized. Tha Qly will perform the following tasks: Provide material safety data sheets (MSDSs) and process information as available on wastes for disposal; . Provide timely notice to Contractor in writing of waste disposal projects, detailing the location(s), type of work, and other pertinent information; Aid in the selection of disposal methods; and Provide required regulatory information for manifest and shipping paper information. 2-5 City of Fort Worth_DEM06-04:HHWD 5 of 50 11/17/2005 u�rD T� Heritage Environmental Services, LLC. 7901 W. Morris St. p..� Indianapolis, IN 46231 (800)827-4374 All thee copies of the Proposal Documents have been submitted in one sealed envelope. I 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: Robin Baity (Company Name) (Print,gr type name of signatory) 1840 N. 105th East Ave. .� (Address) (Qnature) Tulsa. OK 74116 Account Representative (City, State,Zip) Title(print or type) (918) 627-2671 (918) 627-2108 Phone) (FAX) 2-6 City of Fort Worth_DEM06-04:HHWD 6 of 50 11/17/2005 Heritalre Environmental Services, LLC. L�f 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 2.6 COST ESTIMATE �- 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. P 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 are requested in this Proposal. COMPLETE THE FOLLOWING TABLES Pleac_p initial each and every Cect Fctimatp page in the lower right hand cornpr_ 2-7 "" City of Fort Worth_DEM06-04:HHWD 7 of 50 11/17/2005 Heritage Environmental Services, LLC. 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 WASTE DESCRIPTION Unit(s) Unit Cost Break Down Total Price (T&D only) 1. RCRA Incineration lab- 55 gallon Transportation $21.00 packs drum Disposal $270.00 $ 291.00 Supplies $23.00 2. RCRA Incineration 55 gallon Loose packs drum Transportation $21.00/$80.00 Cubic Yard Disposal $200.00/$475.00 $ 221.00/$ 555.00 Box Supplies $23.00/$43.00 3. RCRA Incineration 55 gallon Transportation $21.00/$80.00 liquids drum (Assumes 55 gallon = / Disposal $310.00/$475.00 $ 331.00/$ 555.00 Bulk and CYB = Loose Cubic Yard Pack) box Supplies $26.00/$43.00 4. RCRA Incineration 55 gallon Transportation $21.00/$80.00 solids drum (Assumes 55 gallon = / Disposal $250.00/$475.00 $ 271.00/$ 555.00 Bulk and CYB = Loose Cubic Yard Pack) box Supplies $23.00/$43.00 5. Fuel blending liquids 55 gallon Transportation $21.00 (No waste shall be used drum for fuel blending for Disposal $75.00 $ 96.00 cement kilns) Supplies $26.00 6. Fuel blending solids 55 gallon Transportation $21.00/$80.00 (No waste shall be used drum for fuel blending for / Disposal $200.00/$475.00 $ 221.00/$ 555.00 cement kilns) Cubic Yard box Supplies $23.00/$43.00 7. RCRA landfill 55 gallon Transportation $21.00 drum Disposal $109.00 $ 130.00 Supplies $23.00 h """"� City of Fort Worth_DEM06-04:HHWD 8 of 50 11/17/2005 Heritae Environmental Services, LLC. Alff11461 M 7901 W. Morris St. Indianapolis,IN 46231 (800)827-4374 WASTE DESCRIPTION Unit(s) Unit Cost Break Down Total Price T8,D onl ) 8. Class 1 landfill 55 gallon Transportation $21.00/$80.00 drum Disposal $71.00/$168.00 m / $ 92.001$ 245.00 Cubic yard Supplies $23.00/$43.00 9. Class 2 landfill, special 30 yard roll Transportation $500.00 waste off Disposal $250.00 $ 750.00 Supplies $N/A 10. Class 2 landfill, special waste 55 gallon Transportation $21.00 drum Disposal $48.00 $ 69.00 Supplies $23.00 55 gallon 11. Treatment acids, drum Transportation $21.00/$19.00 bases (solid) / Disposal $188.00/$141.00 (Assumes Loose Packs) 30 gallon $ 209.00/$ 160.00 drum Supplies $23.00/$12.50 55 gallon 12. Treatment acids, drum Transportation $21.00/$19.00 bases (liquid) / Disposal $94.00/$70.00 30 gallon $ 115.00/$ 89.00 drum Supplies $23.00/$32.00 55 gallon 13. Treatment oxidizers drum Transportation $21.00/$19.00 (Assumes Loose Packs) / Disposal $188.00/$141.00 30 gallon $ 209.00/$ 160.00 drum Supplies $23.00/$12.50 �- 14. Dangerous When Wet 5 gallon pail Transportation $13.00 Disposal $65.00 $ 78.00 Supplies $5.00 15. Elemental mercury for 1 Ib. Transportation $0.30 R recycling, shipped in small Disposal $2.40 containers $ 2.70 Supplies $0.15 16. Mercury debris 55 gallon Transportation $21.00 drum Disposal $875.00 $ 896.00 Supplies $23.00 City of Fort Worth_DEM06-04:HHWD 9 of 50 ` 11/17/2005 Heritage Environmental Services, LLC. 17GI11 7901 W.Morris St. Indianapolis, IN 46231 (800)827-4374 WASTE DESCRIPTION Unit(s) Unit Cost Break Down Total Price T&D only) 17. Ammunition/ 10 gallon pail Transportation $16.00 Gunpowder/ Explosives Disposal $150.00 $ 166.00 Supplies $8.50 18. Recyclable batteries 55 gallon Transportation $21.00 w (primarily NiMH & NiCAD) drum Disposal $350.00 $ 371.00 Supplies $23.00 19. Batteries for disposal 55 gallon Transportation $21.00 (non-recyclable batteries) drum Disposal $340.00 $ 361.00 Supplies $23.00 20. Compressed 10/30/50 Transportation $2/ 7/ 10 flammable gas cylinders pound -.. cylinders Disposal $20/$40/$85 $22 /$47/$ 95 Supplies $2/$5/$5 21. Compressed pesticide 10/30/50 Transportation $2/$7/$10 cylinders pound cylinders Disposal $75/$150/$300 $ 77 /$ 157/$ 310 Supplies $265/$5 5 22. RCRA empty drums 55 gallon Transportation $10.00 drum Disposal $10.00 $ 20.00 Supplies $NA 23. Recyclable latex paint 55 gallon Transportation $21.00 drum Disposal $111.00 $ 132.00 Supplies $26.00 ���= � � � ^��li-��1 ir�� " City of Fort Worth_DEMO6-04:HHWD 10 of 50 11/17/2005 'iC.� i, ON Heritage Environmental Services, LLC. IILIIfUi war 7901 W. Morris St. Indianapolis,IN 46231 (800)827-4374 �r WASTE DESCRIPTION Unit(s) Unit Cost Break Down Total Price (TSD only) 24. Recyclable latex paint Cubic yard Transportation $80.00 (Assumes Loose Packs) box Disposal $206.00 $286.00 Supplies $43.00 25. Non-recyclable paint (incineration) 55 gallon Transportation $21.00 drum Disposal $75.00 $ 96.00 Supplies $26.00 26. Non-recyclable paint Cubic yard Transportation $80.00 (incineration) box �- (Assumes Loose Packs) Disposal $420.00 $500.00 Supplies $43.00 27. Radioactive wastes 5 gallon pail Transportation $ Disposal $ Case-by-Case Supplies $ I 28. Aerosol Cans 55 gallon Transportation $21.00 (to be depressurized by drum the contractor and Disposal $100.00 $ 121.00 -- resultant metal must be recycled) Supplies $23.00 29. Asbestos (friable) 55 gallon Transportation $21.00 drum Disposal $115.00 $ 136.00 Supplies $23.00 30. Picric acid 5 gallon pail Transportation $13.00 Disposal $65.00 $78.00 Supplies $5.00 City of Fort WoRh_DEM06-04:HHWD 11 of 50 111/17/2005 Heritage Environmental Services, LLC. 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 .� WASTE DESCRIPTION Unit(s) Unit Cost Break Down Total Price (TSD only) 31. Cyanide 30 gallon Transportation $19.00/$21.00 (Assumes Lab Packs) drum / Disposal $170.00/$290.00 $ 189.00/ $ 311.00 55 gallon Supplies $12.50/$23.00 drum 32. Recyclable metals 55 gallon Transportation $21.00 (empty paint cans, empty drum i aerosol cans*, etc.) Disposal $75.00 $ 96.00 Supplies $23.00 Alternative Option V 55 gallon Transportation $21.00/$80.00 33. Non-Hazardous drum Loose Pack (Mass Burn / Disposal $125.00/$265.00 $ 146.00/$ 345.00 Incineration —Energy to Cubic Yard Supplies $23.00/$43.00 Fuel (Re-use)) Box i * 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 Fuel-to-Energy(Steam) program. **All Total Prices include Disposal, Transportation, and Supplies. If the City chooses to utilize the full-load rate, then the transportation listed above would not apply. If the City chooses to purchase their own supplies, then the supply charges above would not apply. *** As a cost savings measure, Heritage will be willing to assist the city in ordering ,. supplies;however, would have the supplier bill the City direct. i G „e i �✓ i City of Fort Worth_DEM06-04AHWD 12 of 50 11/17/2005 Heritaize Environmental Services, LLC. t/]L/IfUiVLI 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 above), Reactive metals. Reason: Reasons may include health &safety or operational concerns, recycling may not be an option, and/or cost effectiveness. 2. Non-recyclable metal waste stream: Reason: "� City of Fort Worth_DEM06-04:HHWD 13 of 50 11/17/2005 U�rD T� Heritage Environmental Services, LLC. !ll.IlfUi� 7901 W.Morris St. «� Indianapolis, IN 46231 (800)827-4374 Service Type Price/ Unit 33. On-site haz-cat analysis* Per test $ 5.00/analysis *If coordinated with labpack"n , there would be no charge for on-site haz-cat analysis. 34. Lab-pack Per 55 gallon drum $ 100.00/ 55 gallon drum 35. Lab-pack Per 30 gallon drum $80.00/30 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 40. Vermiculite gag $ 12.00/bag **Assumes the boxes would be used for general refuse. Price includes the disposal of the trash. *** Assumes a 55-gallon drum would be needed to overpack the 30. Price is for supplies only. If overpacked in a 55, the disposal and transportation cost for a 55 of that wastestream would apply. ***Assumes an 85-gallon drum would be needed to overpack the 55. Price is for supplies only. If overpacked in an 85, the disposal and transportation cost for a 55 of that Wastestream would be multiplied by 1.4 times. ****Heritage will provide all necessary training(one-time and annual) free of charge. '""""' City of Fort Worth_DEM06-04:HHWD 14 of 50 11/17/2005 Heritage Environmental Services, LLC. Rl 7901 W.Morris St. Indianapolis,IN 46231 (800)827-4374 Disposal Total unit price Total unit price Total unit price Total unit price Method 30 gal drum 20 gal drum 10 gal drum 5 gal drum/pail MW 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 Hazardous $ 82.00 $ 60.00 $ 55.00 $45.00 Landfill Class 1 $ 54.00 $ 50.00 $47.50 $45.00 Landfill Class 2 $45.00 $45.00 $45.00 $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 Total unit price Total unit price Total unit price Method 30 gal drum 20 gal drum 10 gal drum 5 gal drum/pail Alternative option: Non-Hazardous $ 94.00 $ 75.00 $ 62.50 $ 45.00 Mass Burn City of Fort Worth_DEM06-04:HHWD 15 of 50 11/17/2005 Heritage Environmental Services, LLC. !7G/IfUf� 7901 W. Moms St. Indianapolis,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) $ 1,500.00 Van Trailer (84-90 drums or 26 cubic yard boxes) $2,400.00 2 Hour Demurrage $60.00/hour* * First 120 minutes demurrage are free of charge. $60/hr charge applies after the first two free hours. """ City of Fort Worth_DEM06-04:HHWD 16 of 50 11/17/2005 U�rD T� Heritaize Environmental Services,LLC. !7G/Ifv`l� 7901 W.Morris St. «� Indianapolis, IN 46231 (800)827-4374 QUALIFICATIONS OF THE PROVIDER: COMPANY INFORMATION Heritage Environmental Services, LLC Servicing Office: 1840 N. 105" East Ave. Tulsa, OK 74116 Office: (918) 627-2671 Fax: (918) 627-2108 Corporate Office: 7901 W. Morris St. Indianapolis, IN 46231 Office: (317) 243-0811 m Primary Contact: Ricky Belk Technical Services Manager Tulsa, OK (918) 629-1324 Secondary Contact: Robin Baity Account Representative Garland, TX Office: (972) 496-4848 Fax: (972) 496-1313 WEB-BASED CUSTOMER SERVICE SYSTEM The Heritage Environmental Information System (EIS) is an Internet-based program that gives our customers the ability to access their data and download reports on a °-� 24-hour, on demand basis. Heritage is committed to being a full service environmental company and this includes the ability to communicate with our customers electronically. In addition to our already customer focused programs such as the Environmental Assistance Program (EAP), Single Point of Contacts and On-site Services, Heritage has enhanced services by offering a virtual waste management system. This web-based multi-faceted program allows you to: Prepare and Submit Wastestream Profiles Electronically • Download Report Information to Your System (including Annual Reports or Corporate Summary Reports) • Receive Monthly Compliance Updates Track containers internally through a Barcode Container Management Program that allows Heritage to Provide Tracking Information Interact with Customer Service Electronically on such issues as Profile Approval status; Quotation Updates; Manifest, Labels and LDR Forms; Waste Receipt and Manifest Tracking. City of Fort Worth_DEM06-04AHWD 17 of 50 11/17/2005 UrrDp�TT,��^rr Heritage Environmental Services, LLC. /7G1If 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 The Heritage Environmental Information System (EIS) employs state of the art security (Verisign SSL), which utilizes digital certificates to encrypt data coming back and forth. Every user is assigned their own username and password. Each user has a defined set of data that they can access and are unable to obtain data for companies other than their own. The levels of clearance can also be tailored within companies, thereby allowing Corporate level contacts to download data on a company wide basis while restricting local contacts access to only data for their respective location or region. Heritage has done everything reasonably possible to ensure the security and integrity of each customer's data. The Heritage EIS is different from our competitors in that our system is free and has no limitations to vendor access. This web-based program allows access to these valuable tracking and reporting capabilities without the need for expensive software or extensive training for your staff. QUARTERLY "WASTE" SUMMARIES The Heritage EIS system detailed above will be utilized to provide this reporting. In - fact, the customer can pull this information off of the EIS system 24/7. SCOPE OF WORK NARRATIVE The following is the Heritage standard operating procedure for handling the transportation and disposal of hazardous materials: i. Profile the waste All waste shipped for management (recycle, treatment, re-use, or disposal) must be profiled into the accepting facility. Because Heritage will be the generator, Heritage will complete, sign, and approve all necessary Wastestream profiles. Heritage will work with the City to properly profile the materials. Once profiled, the waste may be scheduled for pick-up. ii. Schedule the waste pick-up The City will schedule the waste pick-up with the Single Point of Contact, in this case, Ricky Belk. Heritage will schedule the transportation and coordinate all necessary paperwork and labels. iii. Waste pick-up The transporter will show up at the designated time. Once the waste is loaded and the containers have been counted and double checked, the shipping paperwork will be completed and the waste will be transported to the designated treatment and disposal facility. "® City of Fort Worth_DEM06-04:HHWD 18 of 50 11/17/2005 Vim Heritage Environmental Services, LLC. t!7L/If 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 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 MECHANICS 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 continual 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. LOGISTICS MECHANICS The Heritage waste management computer system ensures that the manifests and labels will be accurate and complete. In addition, Heritage will continual communicate with the transporter to ensure that they: • Completely understand the waste pick-up; • Arrive at the designated time for pick-up; • Deliver the waste at the designated time. "^ City of Fort Worth_DEM06-04:HHWD 19 of 50 11/17/2005 077 . Heritage Environmental Services, LLC. _i[AM11 GGl 7901 W.Morris St. Indianapolis, IN 46231 (800)827-4374 • 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. EMPLOYEE RESUMES Heritage will assign one Single Point of Contact for this contract. That person is Ricky Belk—Technical Services Manager (Tulsa Service Center). Attached you will find his resume. �. As the single point of contact, Ricky will manage all aspects of this project from wastestream profiling, to project/waste scheduling, to lab packing and characterization, to paperwork management, to shipment completion (including CD's and invoicing). All communications and project related tasks would go directly through him. While other personnel will be involved, Ricky will act as the liaison between the City and Heritage and will oversee the entire projects and all aspects of the project. Tracy Weir and David Smith will provide additional internal Tulsa support, if needed. Should the need for additional assistance arise, Jim Lovitz will act as a back-up single point of contact and project manager. City of Fort Worth_DEM06-04:HHWD 20 of 50 11/17/2005 U�rD T� Heritage Environmental Services, LLC. IIGIII!! 7901 W. Morris St. �■� Indianapolis, IN 46231 (800)827-4374 Ricky Belk EAP/HHW Project Manager/ Technical Services Manager Page 1 of 1 EDUCATION/TRAINING ➢ Bachelor of Science; Chemistry; University of Central Oklahoma, 2002 ➢ 40 Hour Lab-Pack trained; ➢ 40 Hour OSHA HAZWOPER; ➢ CPR/First Aid trained. AREAS OF EXPERTISE ➢ Participates as Field Chemist for all Lab Pack, Loose Pack, EAP, and HHW projects in the Oklahoma/Texas Service Center region. ➢ On-Site Manager for EAP and HHW programs. ➢ Sampling and fingerprinting of waste materials for waste characterization. ➢ Manifesting and preparing other appropriate paperwork for transport of hazardous materials. ,� ➢ Performing all tasks associated with individually designed Environmental Assistance Program to meet the client's needs. Tasks include: Project Management, scheduling, and preparing of waste for transport and disposal as well as reporting and invoicing. ➢ Knowledge of 29 CFR (OSHA), 40 CFR (EPA), 49 CFR (DOT). ➢ Coordinating the removal of waste to meet applicable RCRA, TSCA, EPA and DOT guidelines. EMPLOYMENT HISTORY October 2002 to Present Heritage Environmental Services, LLC., Tulsa, OK Technical Services Manager (May 2003-Present) Field Chemist/Project Manager (October 2002-Present) KEY PROJECTS ➢ Currently, serves as facility manager for the Tulsa service center. Responsible for health and safety, compliance and other day-to-day operations. ➢ Manages, Supervises, works (Field Chemist), and coordinates the operations of several mobile HHW collections. ➢ Proposal, Disposal, and Transportation Coordinator for all technical services projects over the last year and a half. Including all Lab Pack, HHW, EAP, Emergency Response, and T&D projects. 771 City of Fort Worth_DEM06-04:HHWD 21 of 50 ;�°:. = 11/17/2005 Heritage Environmental Services, LLC. t/7L/If 7901 W.Morris St. Indianapolis, IN 46231 (800)827-4374 James V. Lovitz Strengths/Skills/Experience nce Technical Services Manager ✓ 10 years of waste industry "field" experience Education/Training ✓ 9 years of Household Hazardous Waste B.S., Water Science, Northern Michigan University, management and coordination Marquette, Michigan, 1994 ✓ 7+ years of project management OSHA 40-hour HAZWOPER Training, May 1994 experience OSHA 8-hour HAZWOPER Refresher Training, February ✓ Strong working knowledge of EPA, DOT, 2003 and OSHA regulations. Cylinder Management & Safety Awareness Training, March 1995 `/ Strong emergency response g. DOT Training, February 2000 experience/skills Transportation Spill Response Training, January 2003 `/ Strong personnel management skills Adult CPR/First Aid Training, December 2002 ✓ Extensive waste disposal and DOT Waste Manifest Training, March 1999 transportation knowledge Summary . A Technical Services Manager for over 5 years with a total of 9 years experience in the waste industry. Responsibilities/Skills/Experience includes: • Extensive Household Hazardous Waste experience; o Participated/worked on over 150 collections; o Manage/Supervise more than 100 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. -Employment History Firm/Title/Dates Specific Duties/Responsibilities Heritage Corporate Manager for the Heritage Technical Services Group which •® Environmental includes lab packs, household waste collection programs, Services, LLC transportation and disposal management and coordination for on-site Indianapolis, IN EAP projects. As the Corporate Manager, oversees the entire Corporate Lab Pack company program ranging from the sales and bidding process to the Manager field/operational protocol to the training and customer service of the January 2004-Present entire group program. City of Fort Worth_DEM06-04:HHWD 22 of 50 11/17/2005 prrDD�TT���^rr Heritage Environmental Services, LLC. t lI1J11 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 Firm/Title/Dates Specific Duties/Responsibilities Heritage Manager of the Cincinnati & Louisville Technical Services Group, Environmental which includes lab packs, household waste collection programs, Services, LLC transportation and disposal manager and coordinator, consulting Cincinnati, OH projects (EAP)„ waste management programs, and ER projects. As Technical Services manager, oversees the entire program ranging from the sales and ' Manager bidding process to the field/operational activities to the invoicing and April 1998-January customer service of the projects. Also provides a strong working 2004 knowledge of EPA, DOT, OSHA, and TSCA regulations to the field crews and sales force. Heritage Responsible for the day-to-day operational management of the lab Environmental pack program. Responsibilities included: Management of the lab Services, LLC pack crews, proposal preparation, site walks, project management of Lemont, IL all lab pack projects (start (proposing) to finish (invoicing)), customer Lab Pack Project service, report preparation, ER project management, as well as any Manager and/or all duties listed below. January 1997-April 1998 Heritage Responsible for the on site management, packaging, segregation, Environmental characterization, inventorying, labeling, manifesting, and transporting Services, LLC of drummed and lab pack waste. Other responsibilities included: Lemont, IL Supervising field crews, Emergency Response (ER) projects, Sr. Field Chemist preparing health & safety plans, preparing wastestream January 1996-January profiles/surveys, waste sampling, working household hazardous 1997 waste collections. All projects included the handling of hazardous, Field Chemist non-hazardous, and non-regulated waste and materials. May 1994-January . „1996 Household Waste Experience Project Manager Developed and implemented a mobile household hazardous waste Solid Waste Authority collection program. The program runs from April to October every of Central Ohio year with about 8-14 collection events per year scattered through out Columbus, OH the Columbus, Ohio area. Responsibilities include the management of April 1999-September the daily operations (Mob & Demob of collection site, all on site 2002 activities, health & safety management, transportation & disposal of all „® collected waste) as well as all collection reporting, invoicing, and customer service involved with the program. Project Manager/Field Worked as a Field Chemist and Project Manager on this statewide Chemist program. Responsibilities included managing, personnel supervision, Illinois EPA waste disposal and transportation coordination, as well as on site Illinois duties and activities, and invoicing and report preparation. July 1994-September 1997 ®. City of Fort Worth_DEM06-04AHWD 23 of 50 11/17/2005 � rrDD�TT,�///��+++�rr Heritage Environmental Services, LLC. �G/1f� 7901 W. Morris St. Indianapolis,IN 46231 (800)827-4374 ORGANIZATIONAL CHART City of Fort W Ricky Belk TSM ingle Point of Contact Waste Profiling Tracy Weir-Tulsa, OK Vince Lockard - Indianapolis, I Waste Scheduling Tracy Weir-Tulsa, OK Logistics Linda Eickelberry- Indianapolis, IN Paperwork Ricky Belk-Tulsa, OK Tracy Weir-Tulsa, OK •� T b Packing/Waste Characterization Ricky Belk Tulsa, OK Paperwork Management Ricky Belk-Tulsa, OK Discrepancies Vince Lockard - Indianapolis, IN Paperwork Return Ricky Belk-Tulsa, OK Invoicing Tracy Weir-Tulsa, OK �"" City of Fort Worth_DEM06-04:HHWD 24 of 50 11/17/2005 m eHeritage Environmental Services, LLC. A22 mm 7901 W.Morris St. Indianapolis, IN 46231 (800)827-4374 so WORK EXPERIENCES See section 2.8 for work experience details. go an .. 40 MR mw 4m me "� City of Fort Worth_DEM06-04:HHWD 25 of 50 11/17/2005 w Heritaie Environmental Services, LLC.7901 W. Morris St. !M' Indianapolis, IN 46231 (800)827-4374 WORK REFERENCES STATE OF MINNESOTA (—$900K/year) a. Washington County-Stillwater, MN Site Location: Oakdale, MN Various mobile sites throughout Washington County Site Contact: Ms. Kathleen Nyquist (651) 430 — 6683 Description of Work: Heritage has recently 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 permanent facility, which is open 3 days per week year-round, received - waste from over 16,000 residents in 2003, while the one-day mobile events have ranged from 100 to 800 participants. In 2003, this facility handled over 450 cubic yards of paint (oil-based and latex), 7,200 gallons of bulked solvents, 75,000 pounds of lab/loose packs and 13,000 pounds of aerosols in addition to other wastestreams. (See Letter of Recommendation). 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 City of Fort Worth_DEM06-04:HHWD 26 of 50 11/17/2005 U�rrppp�TT,��nrr Heritage Environmental Services, LLC. l7G/If 7901 W.Morris St. Indianapolis, IN 46231 (800)827-4374 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. — City of Fort Worth_DEM06-04:HHWD 27 of 50 11/17/2005 40-0-74- Heritaue Environmental Services, LLC. _j JPIT�7 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 Department of Public Washington _�. `fi. Health and Environment ��i<.il lt� ;Wool' Mary L.McGlothlin Director Lowell Johnson Deputy Director Letter of Reference June 27,2005 To: Whom It May Concern .� From: Jeff Travis CHMM, Program Manager, Solid and Hazardous Waste Program Re: Heritage Environmental Services,LLC Washington County has had a contract for household hazardous waste(HHW)services with Heritage Environmental since February 1,2003,when Heritage was the successful bidder in a Request for Proposal (RFP)process. We recently renewed the contract until December 1 2008 Washington County HHW Program Background Washington County has managed a permanent year round HHW facility as well as remote collection events since 1994. Washington County has a population of over 208,000 with over 70,000 households. Some program highlights include: .,� D Since the program's inception,over 6.25 million pounds,or 3,250 tons,of hazardous materials have been collected from over 107,000 residents. D Our year round facility is open 3 days a week and averages close to 100 participants on week days and over 125 on Saturdays,with some days as high as 300. ➢ We conduct 7-8 remote events throughout the county annually,averaging 150 participants per event, with an annual spring event which brings 600-800 participants The County maintains strict performance expectations with regards to operations,regulatory compliance,and customer service. Heritage's Program Management Performance The County is pleased with Heritage's performance,which has met or exceeded performance expectations. Highlights of their performance for the County include: Collected and managed over 1,000,000 pounds of HHW though the permanent facility and remote collection events from over 16,000 residents with no incident. D Provided overall higher level of service at overall lower costs. Y Proposed and implemented major Improvements to operations at remote collection events, reducing average customer wait time to less than 1 minute versus previous waits of up to 1 hour. > Were instrumental In saving the County over$40,000 in disposal costs through the Re-Use program. 3 Positive feedback from residents regarding Heritage's customer service and technical knowledge. Provided strong corporate support for all program aspects. Embraced the County's strong customer service philosophy. D Have been proactive in managing environmental and safety regulatory compliance. D Flexibility and professionalism was illustrated during a recent County pilot project; Front Step Pickup, a residential HHW"door to door"collection program where Heritage successfully collected and managed HHW from over 380 households. If you have any questions, please feel free to contact me at 651430-5732,or our HHW Program coordinator, Kathleen Nyquist at 651430-6683. Government Center • 14949 62nd Street North—P.O.Box 6,Stillwater,Minnesota 55082-0006 e.e Phone: 651-430-6655 - Fax: 651-430-6730 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity/Afflrmative Action " City of Fort Worth_DEM06-04:HHWD 28 of 50 11/17/2005 Heritage Environmental Services, LLC. 7901 W. Morris St. Indianapolis,IN 46231 (800)827-4374 SUMMIT COUNTY (—$400-500K/year) Solid Waste Management Authority Ms. Marcie Kress/ Ms. Yolanda Walker 12 East Exchange St. Akron, Ohio 330/374-0383 Heritage has assisted Akron in the development and performance of Akron's first 1- day collection event held on October 1, 1994. The collection was held at two separate sites, open on the same day. Approximately 5,000 residents participated. The participation was more than doubled the estimated amounts, yet all materials were off site by the end of the day. All hazardous wastes (Household) were accepted. The total volume of waste received was 290,837 pounds. This volume included: 30,379 pounds of oil, 162,620 pounds of paint, 3,278 pounds of acids/bases/lab packs, 20,773 pounds of batteries, 10,374 pounds of pesticides, 6,015 pounds of aerosols and cylinders, and 950 pounds of asbestos. Due to the success of the 1-day event, a subsequent paint-only collection program was held in partnership with a local vendor. This paint program managed an additional 500,000 pounds of paint. Heritage has since worked with the Authority to design a permanent collection facility and has been managing and operating the facility since mid 1996. ILLINOIS EPA (—$500-600K/year) Mr. David Walters 2700 Churchill Rd. Springfield, Illinois 2171785-8604 Heritage, in conjunction with the [EPA, manages and performs 5-10 household waste collections per year. These collections run in the spring and fall with a collection time from 8am-3pm. These collections average about 1,100 cars (ranging from 400 to 2800 cars in a single day) and 95,000 pounds of waste (ranging from 40,000 to 250,000 pounds in a single day) per collection. These collections require at least 16 Heritage employees per site; however, they are generally staffed with 24- 40 employees per site, depending 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 (—$300K/year) City of Indianapolis Mr. Bruce Northern 2700 South Belmont Ave. Indianapolis, IN 46221 (317) 327-2423 �' City of Fort Worth_DEM06-04:HHWD 29 of 50 11/17/2005 ppp���►►DD TT,���+�r Heritage Environmental Services, LLC. t!IG/If ® 7901 W. Morris St. Indianapolis,IN 46231 (800)827-4374 Heritage has been working with the City of Indianapolis on household hazardous management for over ten years. Heritage provides one or more large collection events each year as requested by the City, and operates the City's three permanent sites that alternate weekends. The permanent site collections draw between 100- 300 cars each weekend depending on the season. The large collection events can draw 1000 cars. The north side and east side sites are open every 1st and 3rd Saturday of the month from 9am to 2pm. The south side site is open every 2nd and 4th Saturday of each month from 9am to 2pm. We collected 168,791 pounds of HHW waste in 2004. This does not include the weight of the latex paint or alkaline batteries, which we collect from the residents, but the City handles. OTTAWA COUNTY (—$75-100K/year) Department of Environment Mr. Darwin Baas 12552 James St. Holland, Michigan 616/393-5645 Heritage is currently working with the county to perform 1-day collection events throughout the county, held nine times per year. Approximately 9,000 residents participate each year. All hazardous waste (household) are accepted. These collections generally run in the afternoon to evening on weekdays. r.` s ) City of Fort Worth_DEMO6-04:HHWD 30 of 50 s - 11/17/2005 � UrrDp�TT�^rr Heritage Environmental Services, LLC. !7L/If w 7901 W. Morris St. Indianapolis,IN 46231 (800)827-4374 w SUBCONTRACTOR/DISPOSAL FACILITY LISTS SUBCONTRACTORS SUBCONTRACTORS .,, NAME ADDRESS PHONE # I FAX# PROPOSED TASKS � a PROPOSED DISPOSAL FACILITIES DISPOSAL FACILITIES NAME, OWNER, PHONE # PRIMARY TYPE OF EPA & STATE ID AND ADDRESS CONTACT DISPOSAL NUMBERS PERSON Heritage Environmental (317)243-0811 Ricky Belk Treatment, Mercury IND093219012 Services, LLC (918)627-2671 Recycle,TSD Mass 7901 W. Morris St. burn Indianapolis, IN 46231 WTI-Von Roll (330)385-7337 Incineration, Fuels OHD980613541 1250 St. George St. Blending East Liverpool,OH 43920 SET Environmental (713)645-8710 Cylinders,Treatment TXD055135388 5743 Cheswood Houston,TX 77087 sw '� City of Fort Worth_DEM06-04:HHWD 31 of 50 11/17/2005 Heritage Environmental Services, LLC. IM 7901 W.Morris St. «� Indianapolis, IN 46231 (800)827-4374 VENDOR'S COMPLIANCE TO STATE LAW " 2.10 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: Heritaae 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: 1840 North I 05thnK 74116 naoolis. IN) '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: James V. Lovitz Corporate Program Manager (Name) (Title) November 16. 2005 go 2-29 "7A 75'.1 City of Fort Worth_DEM06-04:HHWD 32 of 50 v 11/17/2005 we Heritage Environmental Services, LLC. so 7901 W.Morris St. Indianapolis, IN 46231 (800)827-4374 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 Aggregate Pollution Legal Liability Treatment Center* 10,000,000 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 rt„ 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 1,000,000 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 "" City of Fort Worth_DEM06-04:HHWD 33 of 50 11/17/2005 UrrM-74- Zo Heritage Environmental Services, LLC. IT 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 closure and post-closure of its hazardous waste facilities. The Company has obtained, and placed on deposit with the appropriate state agencies, irrevocable standby letters of credit from a bank. American International Group (AIG) has provided continuous pollution legal liability coverage to Heritage since 1980. Heritage's largest and primary treatment center, the 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_DEM06-04:HHWD 34 of 50 11/17/2005 011UrrD—*f.v;^rr Heritage Environmental Services, LLC. MR 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 �v CERTIFICATE OF LIABILITY INSURANCE OP ID D °��"�°° Aco ^^�'05 HZ579-1 09/22/ PRWLKMR THIS CERTIFICATE IS ISSUED AS A(RATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Tobias Insurance Group, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 9247 N. D9aridian St. Ste. 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Indianapolis IN 46260 Phone:317-044-7759 ran:317-844-9910 INSURERS AFFORDING COVERAGE NAICN NSLRER A; 69"alms Druc .Cwyep ` risLam 6. sw ich AmrL—,nn. Neri�age E�Yomzw++tal N8JRtRC: WyChe "a ssc i p.6iale us"Tat 26883 f Morris Street R,xlo- inaianapolls IN 46231 - -----r— ASPERE. an COVERAGES THE PWC ES DF A.SUWICE US-W eaoW YALE 130:71 ISS-%%IC TFE PiSLPE J W460 AEOW FOR;}E PM CY PERICC'NDK NE0 WrAC 9TA D5A ANY REO.TRE►ENT,TERM OR OD-CMION OF ANY COMPACT OR OTHER ODCLMNT WITH RESPECT TO(MACH THIS CERTIFICATE WAY BE IGG OR MAY PMAN.T+.E NWVXCE A 90FIC D EY THE POLOE9 01MRSED HOIEIN E9 SULECT TO ALL THE TERMS.EACLU5471a AND COIORIONS OF SUCH PCL 10ESA 0WGIATE L MM MMI MAY RME SERI IE'OUCED By PAID CLANG ws LM WRV TYPE OF INNAANOE POLICY NLrER OA (IaROOITY) MLwCvmm1 UNR6 GEN"muAsam FACHOCC61M-WE 51,000,000 A X COM£NCALOEWMALLIAELAY GlC000304105 06/01/05 06/01/06 PFlRX's(Enmwr ) 1100,000 eweMApE X❑OCCLR NTDEXP(Am w,Pow) 15,000 X CONTRACTUAL PERSOW1 S IDV HiQT S1,000,000 GF"AtAL AGGMGAT,: s 2,000,000 Gm AGOREGAIE LANt APPLES PER PRCOIICTS•OC"KP A,TG 162,000pOOO POLICY VjJPP&T LOC ALIT0000 sUATKm SEE X ANYALF0 AEC000304305 06/01/03 06/01/06 Ism weidwOSItitAE.NR 81,000,000 ALL OWNED AMS e0oar N,A,Rr e 6CHEDUM NJM6 Tw Pww) X HRED NJ= O LY hJU 8 X M WOWNEDAUM X MCB-90 ( PROPER YOAVAGE X pOiA7ATIOlf (p,Pe06Rt) e m GARADELWDLRY AUTO ONLY-EAACCOR i ANT AUTO CTHb7TTYN EA ACC S __--- AUTOOPL�. AGO E ` EX=SSASEBIIELM LWILRY EACH OCaRRENCE 510,000,000 A Dear+ �aAMSwDE M[CO01183603 06/01/05 06/01/06 A6GMGATE $10,000,000 - '®' aEnxnEne i s RETE'YTKN s I $ *10"IE CONFIRMATION A10 I X TORY MITE ER B IMF MR?LWILRY la=9886306 08/01/05 08/01/06 EL.JEACHA000FNT j$1,000,000 ANY PROPRIEIORNPRTNMFXEamVE OFFICERI4WDEA-cACLUOE1)? EL DISEASE-EA E%rLCYE< eS,000000 PRCVISONS bt.*V ( E L DISEASE-POLICr L**T 81,000,000 aMER C POLLU=ON LEGAL PL31234359 12/17/04 12/17/05 EACH LASS $10,000,000 LIABILITY •CLAIMS DADS" POLI TOTAL ALL 010,000 000 E CN OF 0 IVFJICLE6 4 EXCLUMM PRWONS CERTIFICATE HOLDER CANCELLATION HERIT-1 $HOMD ANY OF 704E AWA DESCRe®►OL RDE$•E CA NCE1FJ EfFORE THE IOVATlp1 ® DATE TeRE-W,THE M DING NWRER WLL DMEAVOR M MML 30 DAYS NgTTEN HERITAGE ENVIR02�HICE TAL NOTTo THE CERnMATE HOLDME IWO TO TILE LWT.VJT FALLME TO 0090$NILL SERVICES, LLC' WPM NO 01LIMAVION OR LWILRY OF ANY REO UPON 7I IE NM/IER 04 AGENTS OR 7901 HEST MORRIS STREET INDIAN"OLXS 3V 46231 REPRESWNTAT►,CS AU TD RE""SENTATIVE ,rw ACORD 25(2001108) KIWM Nf. CORD CORPORATION 1988 City of Fort Worth_DEM06-04:HHWD 35 of 50 11/17/2005 UrrDD�TT,��r Heritage Environmental Services, LLC. !IG/If 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 AC-01W. CERTIFICATE OF LIABILITY INSURANCE =379-1 1 06/03/OS` " rRDDuciL THIS CWiTIFICATE G4 RTSUED AS A NATTER OF INFORMATION ONLYANO CONFERS NO RIGHTS UPON THE CERTk7CATE Tobias Insurance Group, Inc. HOLDEPL rN13 CE tTIFCATE DOES NOT AMEND.EXTEND OR 9247 N. Meridian St. Ste. 300 ALTER THE COVEMSE AFFORDED BY THE POLICES BELOW. Indianapolis 31T 46260 pbone:317-944-7759 rm:317-044-9910 INSURERS AFFOROMCOVEU09 K4jcI MUMAiO `YA9WERk Grww uA aHswmc* IHR B SRearriittaage aluviroTarental 1!6[WTQ 7901 Tiest ���sris 9troot N*LFMo- TadgSam olis Ili 46231 reen.RERe COVERAGES TME POUCE8 OF MLPA CE LOE08ELOW HAVE BEEN ORM TO THE F6Uim NM ODAVOW FOR TIE POLICY PERIM PAXNEM k0TWfl RWCW A WOLIRSWUr.T Iu1A1AR mIt)Iilal Of PHnr OONDLICT OR OTM10pCH)iiAR WIM T 10 YMHIpH 1156 C>e1TI HIE NKK K"=OR . IWWPIRMI1.T!URPAMYMPoIEB®BYTMEFdJCFSiOLBOIIBmwmwOMALECT70ALLM79r4&Lv[iuswallocowo "CISMJpl POLICIN.AGONSME UMTS WOO W O WWE BEEN R1LK$7 BY PAD QAPAL LTR TYPE OF WCURANCI ►OLICYNUNBER pA OA LIlR OENEAY.UABSfTY EAC)HCCCiA9+CE 1 tnLa�a-1k OEN19W LN8LM Ontmals ee=. : arILOWM 00W.0 NFQVOtA'YolwPww1 i PERSOWL A AQY MARY i GONERei AGGREGATE f GENL AGGRMATE LINO rAPPLn PAA' PNOCUCIS-COL/A;PAGG f *- PaC Loc AWONIOBLE Luatm COMOmm 61NGLE LYAfr i AHnALrto Xv ALLMeDA ffOS booL>'iI�LAsIr somu.ED A11R75 IPwpawnl f H IR®NNOS Gamy.e ARY NOrFOAVnEO AUrOII R!w GcrJ�b f PRO POM DA"V f GARAGE WAIny AUTO ONLY•1A ACCIOBR t AM1•AUTO OTHER IHM EAACC f AM ONLY: AGO i ■XCS#SAfFPtSLLALVdLffY GA04000LPREACE # ' 0=Q r1 CLNMB MAM ASGREHV'm i i OsmxT LE i RE&#IAII i i ,«^'. VYORICetS COSFmIfATgN ANO RY INTS Q EIl1DYLRf'L11BL1{Y E.L.Ed"ACC10EW f ANY PSOF7t �OFFKBVWBWMEX 4tveD7 i10"O E-FAEWLME f EPECW PGRd R91OMbrew LL OMAN-FOXY Lur i .r S coatpc=iab (CDL) nC000304205 06/01/04 06/01/06 Ems Loss $10,000,000 prof. Haab. vem- TOTAL ALM $10,000,000 or iLOGA7mNf aYa+D row CERTFICATE HOLDER CANCELLATION 1lZp=-1 SHOULD ANI OF THS AMURDBSgBBEDPOLICIES 05CANCELLID8043MDOWMATCN OATSTMSHBOF•7MS WH1e0 HNfUIm vaL ecmvORTO WAL 30 DM WWMN Neritave Enviroamisntal ND=TOTHI[CIPTOWASMOLCIMP WT07MLIFT,WrFALMTODOKOIL services, 7.T,C AIPCAEIi00aJGLT10NORWSl11YGFAlIYMFOt�ON7KNfIJf�iRmAH1E1RSaR 7901 West Morris street Indianapolis 319 46231 A ACORD 25(2001M) VIVK V4 ORO CORPORATION 1988 City of Fort Worth_DEM06-04:HHWD 36 of 50 11/17/2005 Heritage Environmental Services, LLC. !1L/1lUiVL 7901 W.Morris St. Indianapolis, fN 46231 (800)827-4374 w. A ORD„ CERTIFICATE OF LIABILITY INSURANCE xE°P9 z 06/03/05 THIS CM IgCATE IS ISSUED AS TWITTER Of INFOOM710M ONLY AND CONFERS NO RIGNTS UPON THE CERTIFICATZ Tobias Insurance @roup, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR 9247 If. Meridian St. Ste_ 300 ALTER THE COVERAGEAFFOADE08YTHE POLICIESBELOW. Iadiaaapolis 211 46260 Pboae:311-844-7759 rax:317-934-9910 MURERSAF'FORDINGCOVERAGE N=4 MOLWARA oraonA.d Lo.mu�s ary tt Q NeLIIIER� Tae, c�s �LLpsC��1 }tal 1mjwf3+c InAiazaapalis iM546231 t �uwepa IFfSUI'9I E COYERAms M POEKM CLP WMAWJ E UTTER BMLW OAW aM 199Ul87 To flE Lm%mwo wAEo Aeaw FOR TWE Pou r P8%cD LNOWCATm NDivN wANom amfZWRBwVR.1ERMLIRCONWMCFNacankACTLIRvIWeRDOCLNWMATTKESKCTTOw4aIMISCL Pt CrAYW-MwOal VAY PIER NIL rAE MIRA10EAFFCRDED 0r TIE POLICIES L1Ett1iSED NMN IS U6JK'T 70 AL h£TEAT,DR;LJSIGEAW Capt OW OF 617C11 RS.IC=ArMIKIELIMITS SllorlaMAYH"OWNRMCIDOfAMCLAIM. lAl 111PE OF NSiIRANCE POLICYNU%m O {YWOOIMY) LIETE GEN ML LIIES.Rr GACN OCCLAREFCE 4 COWADI ALOEA6INLEV IM PARUMt gm Gearwwalt PER90M A ADV IWASY I OVERALAOMSATE 4 "NL AG4FWWATE UWrAPPL*3 P 6 1 t Pa0DUC M-O�A" t POLICY Loc ALf1CNONA LIAIRM CO"*w SmftE Lwr AWN" ALLO'WME0A1J= �1Lyv" r f SCHEO WAL 405 x W"O AUros fYONFOYN®/LLJ1C& Pt EMILYf �PROPOUy OA/MOE t GARAGE LrN]LM AMOK?-EAACCXXW f ANVALITO OR19UIPM EAACC f A710 ON-Y: AGO f UICESNUMOR UA LIABIRY IMMOCCURRENCE f OOCLR CIA*A NAGE AGGREGATE 1 f WTENTO1 t 1 I GOICE Ut CONVINSAMN AID p QNPLOMM LI DUTY ' OFflP" 6QtMdt0. C.L.fSAW ALdOM1r t [L.DISEA4N-&^EMPLCPYt$ f s1Ifc�IAI a m' rPRorlRlas bow Ei DISEASE-Pcucv L>Kr f OTMK A Contractors poli P=000304105 06/01/05 04/01/06 E7►CR Loss $10,000,000 LO 1 Liabili 'OC.CUFMQQ." P=cl TMAL-ALL $L0,000,000 CORT-R =ORS PCIZUTICN LEGAL LTMILXXT CERTIFICATE HOLDER CANICI LLATION $FAIT-1 $11101" AMI OF 1W ABOVE OBSCRI EO POLICES EE CLNCELLE0 BEFORE THE WIRAM04 AAT!T/waw,TI!19SMNE NSMUOL wLL acEmm To mi. 30 om Le rmm RERITAGE NOTU 70 WE C1Il7MIC1t IIOLDERIVI ED 70 INE ler.BUT PALM To OO SO SWILL SERVICES, LLC REPOSE NO COUGAIMNOR WEEM OF AWXW UPON T!NWiI%Fro A961O OR 7901 MRS? MORRIS STREET IRDIIIH"OLX3 IN 46251 PAPREMINTAIIVELL ACORD 25(aR—W) , CORD CORPORATION 1886 City of Fort Worth_DEM06-04:HHWD 37 of 50 11/17/2005 Heritage Environmental Services, LLC. „ 7901 W.Moms St. Indianapolis, IN 46231 (800)827-4374 DATE ACORD CERTIFICATE OF LIABILITY INSURANCE 04/26/2005) PRODUCER 918-627-2206 FAX 918-627-3056 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Co merc i a I Risk Group, Inc, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ® 4500 S. Garnett, Suite 630 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tulsa OK 74146 INSURERS AFFORDING COVERAGE NAIC# NSURED MSURER A Zurich Amer i can Ins. Co. Triad Transport Inc, INSURERS: Steadfast Ins, Co. P 0 BOX 81 8MSURER C: McAlester, OK 74502 INSURER D: INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING PI® ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. M R TYPE OF NIURANCE POLICY NUMBER P YPwaym UNITS "OEM LABILm GL03984349-03 05/01/2005 05/01/2006 EACH OCCURRENCE s 1 000 X PER COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S 50,000 CLAIMS MADE O OCCUR MED EXP IAny RM"-1 S 5 OOC A -ERSONAL S ADV INJURY f 1,OOO GENERAL AGGREGATE S 2,000,OOC OENLAOORESATE L Mrt APPLES PER PRODUCTS-COMPAOP AOS S 2,000 OOC �R POLICY jE�+ LOC AUTOMOBKELIABILITY TRK3984353-03 05/01/2005 05/01/2006 COMBINED SINGLE UMrt X s ANY AUTO 1 000 ALL OWNED AUTOS eoDXr Iluutr s A SCHEDULED AUTOS IP,P—j �r HIED AUTOS BODILY IlUIRn' s NON-OWNED AUTOS IP., W.) PROPERTY DAMAGE S IP,r aaiOwK) GARAGE LW0.DY AUTO ONLY-EA ACCIOENT S ANY AifTO OTHER THAN EA ACC S AUTO ONLY AGG S EXCESSNMBRHLA LIABILITY SE03864810-03 05/01/2005 OS/01/2006 EACH OCCURRENCE S 4.000,000 X OCCUR ❑CLAIMS MADE AGI—GATE $ 4,000 000 B s CEDUCTM E s RE-EN71CN F s WORKERSCOMPENSATIONAND WC3984354-03 05/01/2005 05/01/2006 1 Wc5-,% DTH EMPLOYERS'U ABNJTI E.L.EACH ACCIDENT 3 SOO, A ANY PROPRIETOR)PARTNER)EXECUTIVE 000 pAFkERRAEMBER EXCLUDED? E L CISEASE-EA EMPLOYEE S Soo yyy Sd—rbe uMw 9dECJAL PROV SIGNS Uebw E.L.DISEASE-POLOY LIMIT s SOO'OOO OTHER DESCRIPTION OF OPERATIONS)LOCATIONS I VEHICLES)EXCLUSIONS ADDED BY ENDORSEMENT I SPECUM PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIED POLICES BE CANCELLED BEFORE THE FXMATIOK DATE THEREOF,THE ISSUNG INSURER WILL ENDEAVOR TO MAL 110 DATs'NQREM RDncr M UAE cERnFICATE MOLDER NMIED TO TME L8T Heritage Env i ror mental, I nC. BUT FAILURE TO MAX SUCH NOTICE SMALL MroSE NO OBLIGATION OR LIABILITY 9701 W. Morris OF ANY KIND LWOR THE MSURER,ITS AGENTS OR REPRESENTATIVES, Indianapolis, IN 46321 AUTMORRED REPRESENTATIVE rA/1 )Marvin Lo d/KSIE ACORD25(20011") FAX: (317)390-3681 CACORD CORPORATION 1988 )"SvARM t�CJ City of Fort Worth�DEM06-04:HHWD 38 of 50 nn ^ L 11/17/2005 14 •1�' 1;C�I nl 3 Heritage Environmental Services, LLC. OG/ll!!i� 7901 W.Morris St. Indianapolis, IN 46231 (800)8274374 `IN Cl land/:62021 _ SMNytRQ ACORD- CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION -• Andersen Orp.,Div.Euclid Ins ONLY AND CONFERS NO RIGHTS UPON THE CERTFWATE 234 Spring Lake Drive HOLDER THIS CERTIFICATE DOES NOTAMFND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ V'qca,IL 80143 894-3700 INSURERS AFFORDING COVERAGE NAIL A MLrRSD INSLPJMA;Zurich Insurance Co. SET Environmental Inc. INSURER a Zurich American Group 450 Sumac Road iN unm c Zurich American Insurance Group Wheeling,IL 60090 NsUReto Steadfast L43URER E: COVERAGES THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO Tre INSURED NAMED ABOVE POP THE POLICY PEIVI-V INDICATED.NOTWITHSTANDING ANY REQURENIENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WENCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DeSCRIBED HERBIN IS SUOJf<CT TO ALL"TERMS,COLLISIONS AND CONDITICNS OF SUCH POLICIES.AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS Kim RimLIMA MI DP INBURANCE POLICY NUMBER POLICY ►ODATIACY Q(AIAATION LIfB A GINERAL UJ IRMY GLO686139910 05/07/05 03107106 EACH OCCUNW" 61000,000 X CCU MERCNL GEMERAL UARA TY 6100,000 ® CwIS MADE ❑X OOCUR LEO EXP(AMvom wSM) M000 ►OrOONAL A Adv NJLAY 61,000,000 GENERAL AGGREGATE $4000,900 GEN'L AGGRlGATE LIMIT AF PLft MYL PRODUCTS-CO PIOP AGG s 000 000 POLICY PR LOC AurO"LC'--LM RAPS86139010 05/07/05 05107/06 COMONEDSPOLEU10117 X ANY AUTO me awwRo 31,000,000 ALL OWNED AUTOS BODILY"WRY SCHEOULEDAUTOS R°rpO�"I S X MIM AUTOS IOD'LY MJU1w S X NON-0WNeDALrr% P��D rw CPROPds DAMAGE s QARAGI LLADIUT V M:TO ONLY•iA ACCCGMrr ANY Aura OT1ERIWN eA Ax S AUTO ONLY. AGG S C EXCiS"WRILLALIAMLITY SEOT20442110 05/07/03 05/07/06 EAOHOCGURw- NCE 4,000,000 X 1 OOCUR ❑CLAIMS MADE AQQaar3,TI 31000,000 000 a DEDUCTIBLE s X RETENTION $10,000 S *"" NORIO!11S COYPENIATION AND OTIC BIPLOf'ERS'UAPIM —EACH ACODfrNT S ANY ROPPoUOMAKTNE t£Q:CU� OPPICPPOMPINBeR EXCLUDm7 F L,DIWASE•EA EMPLO 3 _ M 'Umbs LLI DISKAaE-►CiJCYLBIT S D 0TH9R CPI-Pollution IZ2687130111 0510TIOB Q5f07/06 Contr/E30 Prot Uab has ;100,000 Oedon policies' S3M!I0cd$SMIIAgg Limit HIL Pollution PLCO96139110 05/07/05 00107/06 S11,li10cc/32Mft Limit DITlCWMM O►OP19tATIOMB r LOCATKM I VRMCLU I WWLUMONS ADDID aY IalOpRinWW 1 WSOAkL PROVISION! Heritgage Environmental Services Is named as an additional insured with respect to general Ilabillty coverage only. .P CERTIFICATE HOLDER ELLATION WOULD AIN OFTMME AGOW MSCR IND POU07E$INE CANCIMLED BEFORE THE U1414An1IN Heritage Environmentmi Services DATE T►IMeMT. -s MWWNGBIURnwrLL DWEAVORTO MAIL –3(L DAYIuIRMN Attn:Semte-Cust Service NOTICE TO TIE CERT;RCATE HOLDER M10160TO THE.LEFT.MT FAILURE TO DO IO 3HALL OR 7901 W.Morris IM►OSE NO OgLIGILnCN OR LIAe1LnY OF ANY IOMD U►ON iN[NSVM5i0.ITa AQLNTO OR Indianapolis,IN 46231 RCIRESENTATNES AUTHORMEOSPEP ReaIN TArnI -!f j u4--_ Me ACORD 15(2001MM 1 of Z t15133211/mI33123 JAS 0 ACORD CORPORATION 19M n N��,• :�, r-7o1 U go City of Fort Worth_DEM06-04:HHWD 39 of 50 Iv L � 1.� Iti � 11 17/2005 ��L :•i•:/ alit L�rD T� Heritage Environmental Services, LLC. /7l./Iflfi� 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 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: 1. Heritage Transport D.O.T. Hauling Permits 2. Third Party Haulers Permits 3. Third Party Disposal Facility Permits City of Fort Worth_DEM06-04:HHWD 40 of 50 11/17/2005 Herita a Environmental Services LLC. 7901 W.Morris St. L� Indianapolis, IN 46231 (800)827-4374 UNITED STATES OF AMERICA •• DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION HAZARDOUS MATERIALS CER'T'IFICATE OF RECISTRATION FOR REGISTRATION YEAR(S) 2003-2006 on Registrant-. HERITAGE TRANSPORT LLC ATTN: MARY C.HAYWORTH 7901 W MORRIS STREET INDIANAPOLIS,IN 46231-0000 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: 051203550028LN Issued: 05/12/03 Expires: 06130106 +■* Record Keeping Requirements for the Registration Program The following must be maintained at the principal place of business for a period three years from the date of issuance of this Certificate of Registration: (1) A copy of the registration statement filed with RSPA;and (2) This Certificate of Registration Each person subject to the registration requirement must furnish 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. Ikpaitinnid.uf Ttaiispaatdtiusi upvn tCyunst. as 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 (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, DHM-60 Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW,Washington,DC 20590,telephone(202)366-4109. City of Fort Worth_DEM06-04:HHWD 41 of 50 11/17/2005 UrD T�r Heritage Environmental Services, LLC. !7G/IfUiGG 7901 W. Morris St. Indianapolis, IN 4623? (800)827-4374 UNITED STATES OF AXIERICA _ DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION HAZARDOUS MATERIALS CERTIFICATE OF REGISTRATION FOR REGISTRATION YEAR(S) 2003-2006 Registrant: HERITAGE ENMRONMENTAL SERVICES LLC ATTN: MARY C. HAYWORTH 7901 W MORRIS STREET INDIANAPOLIS, IN 46231-0000 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: 09020355003OLN Issued: 09/02103 Expires: 06/30/06 Record Keeping Requirements for the Registration Program The following must be maintained at the principal place of business for a period three years from the date of issuance of this Certificate of Registration: (1) A copy of the registration statement filed with RSPA: and (2) This Certificate of Registration Each person subject to the registration requirement must furnish 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 (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, DHM-60 Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street,SW,Washington.DC 20590, telephone(202)366-4109. ® City of Fort Worth_DEM06-04:HHWD 42 of 50 11117/2005 Heritage Environmental Services,LLC. OG/IflflV� „r 7901 W.Morns St. Indianapolis, N 46231 (800)827-4374 U.S. Department of Transportation Federal Motor 400 Sov+enth St..S.W. Carrier Safety Wsilhington, D.C. 20590 Administration August 12 2005 In reply refer toe USDD'T Humber: 314460 "Is MC ?lumber: MC181355 MARY C HAYW)R-H MR tOr COMTrLIANC£ MR HERITAGE TZUSPORT LbC 1628 X"RARCH WAY _ ZMIAKAPOLIS IN 46231 NAEABDOW MATERIALS 9"M PERMIT *� Hts Safety Permit ID: 314464-IN-EMP 8ffecelve Date: Oetob*X 31, 9006 Dear MARY C NAYWORT".. The Hazardous Material& Safety Permit IW.Ga, P; is verification of the motor crrier's perslasion to engage in the transp�oaticn of hazardous materials listed in 49 CFR 363.403 by motor vehicle in interstate, intr"t-#te, or foreign cormeres This H SF will be effective beginning October 31, 2406 and remain eff4Ctivv through October sl. .� 3009 if your campany maintains aorpliaaoe Nath the rtquiramea_s pertaining to the safe and "cars movement of hAZArdouv materials for the protection of the public (49 CPR 365 and other applicable Federal Motor Carrier SAf sty Regulations aM VAtardous Material Ragulaticnsl . Failure to maintein compliance will oonstitusa sufflcient grounde for suspension or revocation of this &Utbcwity. Willful and p+raiatent noncompliance with %*linable, safety fitness regulations as evidenced by a Department of Tranaportatica saCety fitness rating leve than "Satiafaatory" or by other indicators, could result in a proceeding requirtny the holder of this permit to sWw cause as to very thin authority should not be suspended or revoked, For questions regarding this document you may cor_cact the Poderal Notox Carrier Safety Adninietrationla Ratardous paterials Division at 202-366-6121. Sincerely, ® Charlet A. Egan, III Director, Office o[ gaforcgment and Compliance '" City of Fort Worth_DEM06-04:HHWD 43 of 50 11/17/2005 Heritage Environmental Services LLC. !7L/IfUiV� 7901 W.Morris St. L«� Indianapolis,IN 46231 (800)827-4374 IHWO20 ••• TEXAS NATURAL RESOURCE CONSERVATION COMMISSION ••• Page: 1 Notice of Registration Date: 08/06/98 Industrial and Hazardous Waste This registration does not constitute authorization of any waste managenenl activities Or facilites Ilatetl below. TIN registration reflects hazardous and/or Industrial waste generation and management activltles for which the registrant has provided notification. Requirements for solid waste management era provIdad by Texas Administrative code section 335 of the rules of the Texas Natural Resource Conservation Commission (TNRCC). Changes or atltlitions to waste management methods referred to in this notice require written notification to the TNRCC. Solid Waste Registration Number: 40735 EPA Id: INDOSS484114 The Solid Waste Registration Number provides access to computerized and filed information pertaining to your operation. Please refer to that number in any correspondence. Company Name: Heritage Transport, LLC Region: 0 Initial Registration gate: 06/04/1965 Site Name: Heritage Transport, LLC County: 0 Last Amendment Date: 06/29/1996 Site Location: 7901 W Morris Street. Indianapolis, IN Last Date NOR Coaputer update: 07/02/1998 Contact: Hysong, Gabriele 0. Title: Safety i Compliance Mgr. Phone: 317-361-6544 (800-381-6844) Mailing Address: 7901 W Morris Street Site Street Address: 7901 W Morris Street Indianapolis, IN 46231- Indianapolis. IN 46231- Replstration Status: Active Registration Type: Transporter Transporter Type: For hire Transport Wst Class: H Primary SIC Code: Man Status: Operator Information Owner Information Name: Name: Phone: Plane: Address: Address: As of 06/29/1998 - the next unassigned sequence number for WASTES Is 0001 and the next unassigned sequence number for UNITS is 001. Section 335, Chapter 31 of the Texas Adminstrative Code specifies the notification, record keeping, manifesting and reporting requirements for hazardous and industrial solid wastes. City of Fort Worth_DEM06-04:HHWD 44 of 50 11/17/2005 Heritage Environmental Services,LLC. 7901 W.Moms St. Indianapolis,IN 46231 (800)827-4374 November 15,2005 City of Fort Worth Environmental Management Department 1000 Throckmorton Fort Worth, TX 76102 Re: Section 2.13—Provider's Legal and Compliance History To whom it may concern; Enclosed you will find the required documents as requested in section 2.13 of RFP #DEM06- 04:HHWD. These documents include: 1. Previous 5-year Notice of Violations for both the Heritage Environmental-Indianapolis, Indiana and WTI-East Liverpool, Ohio facilities, 2. Legal Summaries for WTI-East Liverpool, Ohio facility Please note,that aside from the information listed above, there are presently no legal actions pending. Should you have any questions, comments, or concerns feel free to contact Jim Lovitz at 317-390-3130. Sincerely, Heritage Environ ental a ices,LLC G i e r .P. of Co pliance City of Fort Worth DEM06-04:HHWD 11/15/2005 Heritate Environmental Services,LLC. /lt.JlIUiVL ,,. 7901 W.Moms St. Indianapolis,IN 46231 (800)827-4374 November 15, 2005 City of Fort Worth Environmental Management Department 1000 Throckmorton Fort Worth, TX 76102 Re: WTI Legal Actions and 5-Year N.O.V.Report 1. WHISTLEBLOWER LAWSUIT — A former employee filed a "whistleblower" complaint with OSHA in April 2002. Von Roll America was served with the complaint in June 2002. The company and former employee settled the complaint in October 2003. Neither OSHA nor EPA issued any violations against the company as a result of this matter. 2. OSHA VIOLATION HISTORY 1/26/04— Truck Driver Fatality Cited for 3 violations with a total of$6000 in penalties. .. Settlement reached on May 24, 2005 Citation 1: An employee was not wearing fall protection while up on the tanker work platform. Citation 2: We did not evaluate Bulk Liquid tankers owned by another party as a confined space on our plant site. .� Citation 3: We allowed a contract employee enter a confined space with out adhering to our established work practices. 7/20/2003— Contractor iniured in Boiler Hopper Cited for one violation with a penalty of$750. Settlement reached on January 12, 2005 Citation 1: Our permit identified "Materials may be Harmful to the skin", but did not specifically state the ash inside the boiler was hot. 4/10/2001 — Employee Complaint, No Fall protection provided in Direct Tanker bay Cited for one violation with a penalty of$920. Settlement reached on May 6, 2001 Citation 1: Employees exposed to a fall potential greater than 15 feet. Harnesses were provided, however the fall arrest system had not been installed. City of Fort Worth_DEM06-04:HHWD 11/15/2005 Heritage Environmental Services, LLC- lll.IullA7t 7901 W.Morris St. 10`111 Indianapolis,IN 46231 (800)827-4374 Summary - Notices of Violation Revised Von Roll America, Inc. 11/14/05 -----_..._--__... -� Date of Dollar Issuing Type of Description of NOWPenalty Status/Disposition Letter Agency Action of NOV/Penalty Amount of� Penalty Ohio EPA NOV Free liquids in the bulk solid tank—upon N/A 11/10/05 unloading roll-off of customer waste. in Dispute CRA violation 10/11/05 DAPC NOV Exceedance of Title V mercury feed limit VRA Self Report N/A as a result of mislabeled container Ohio EPA NOV (OEPA)Exceeded RCRA feed limit(0.65 VRA Self Report- N/A 9/27/05 lbs/hr)for Hg as a result of a mislabeled Return to Compliance container on 8/25/05. letter 8/25/05 as noted in letter dated 9/27/05. US EPA Administrative Count 1: Violated Subpart CC Proposed penalty of In dispute i 6/23/05 Order (265.1085(i))with feed building venting to$643,908 for the four e Carbon Boxes violations—In dispute Count 2:Violated permit limit for Dioxins with the AG's Office. .- during CPT failure in Sept 2003 Count 3:VRA failed to change out Carbon boxes according to design specifications Count 4:Shipped carbon on bill of lading and not hazardous waste manifest. OSHA Penalty Count 1:An employee was not wearing fall $6,000.00 protection while up on the tanker work 5/24/05 platform. Penalty assessed. 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. US EPA NOV VRA responded in letter N/A 5/24/05 Shipped carbon ob bill of lading and not dated 6/9/05. US EPA hazardous waste manifest responded in letter dated 6/20/05 and issued an Admin Complaint including this NOV. OSHA Penalty Confined Space permit identified $700.00 "Materials may be Harmful to the skin", Penalty assessed. 1/20/05 but did not specifically state the ash inside e boiler was hot. 9/24/04 US EPA NOV VILA violated CAA standards for Semi- paid fine for $40,000.00 "" City of Fort Worth_DEM06-04:HHWD 11/15/2005 -' Heritage Environmental Services, LLC. lJllllUiGG 7901 W.Morris St. Indianapolis,IN 46231 (800)827-4374 volatile metals during Comprehensive violation. Performance Test(MACT) US EPA NOV VRA responded 9/03/04 N/A 8/12/04 Violated Subpart CC with Extruder roll- not correct—US EPA off container lid. acknowledges as Resolved US EPA NOV VRA responded 9/03/04 N/A 8/12/04 Violated Subpart CC(265.1085(i))with not correct. US EPA feed building venting to the Carbon Boxes responded in letter dated MW 6/20/05 and issued an Admin Complaint including this NOV US EPA NOV VRA responded 9/03/04 N/A 8/12/04 US EPA—Violated permit limit for not correct.US EPA Dioxins during CPT failure in Sept 2003 responded in letter dated 6/20/05 and issued an Admin Complaint including this NOV ., Ohio EPA NOV CEI—Drums at Riddling Chute not N/A 7/19/04 properly labeled Abated—RTC Letter - dated February 8, 2005 Ohio EPA NOV CEI—Leaking roll-off containers in 90 N/A "` 7/19/04 days RTC Letter dated February 8,2005 7/19/04 Ohio EPA NOV CEI—Info miscommunication in burning Abated-RTC Letter N/A OCEI Lead containers dated February 8,2005 Ohio EPA NOV VRA stored Lab Pack on-site> 180 days RTC in letter N/A 6/30/04 (drum was lost in system and found during dated7/19/04 cycle count) Ohio EPA NOV Lithium waste caught fire in Container RTC in letter N/A 6/22/04 process dated7/22/04 4/02/04 Ohio EPA NOV Burning conditionally approved waste RTC in letter dated N/A without obtaining pre-acceptance sample February 25,2005 Ohio EPA Not reporting malfunction of Pink Plume Closed N/A Suppression 1/28/04 Ohio EPA NOV Submitting invalid EPA ID on Annual VRA in compliance N/A Hazardous Waste Report 40 Ohio EPA NOV VRA did not send hospital or ELPD copy N/A 1/5/04 of Contingency Plan revise for June RTC in Letter dated - revision(NOV issued during June 2003 4/02/04&7/14/04 CEI) Ohio EPA NOV Inspection form not initialed by inspector RTC in letter dated N/A 1/5/04 or manager 7/14/04 1/5/04 Ohio EPA NOV VRA did not follow annual training VRA is discussing N/A refreshers legitimacy of NOV with EPA-RTC in letter dated 7/14/04 '® City of Fort Worth_DEM06-04:HHWD 11/15/2005 Heritage Environmental Services LLC. GIU/!i� 7901 W.Morris St. Indianapolis,IN 46231 (800)827-4374 Ohio EPA NOV VRA dumped liquids into the bulk solid N/A 12/23/03 pit VRA in compliance Ohio EPA NOV Condition was N/A 8/20/03 CEI-VRA did not submit an updated immediately abated— copy of the Contingency Plan to the ELFD RTC in letter date 9/30/04 Ohio EPA NOV CEI-VRA did not have slag sample VRA is discussing N/A 8/20/03 bucket labeled legitimacy of NOV with EPA—RTC in letter date 9/30/04 Ohio EPA NOV VRA is discussing N/A 8/20/03 CEI-VRA did not perform lab legitimacy of NOV with " inspections according to QA/QC manual OEPA—RTC in letter date 9/30/04 7/1/03 Ohio EPA NOV VRA stored a lab pack on-site>180 days VRA in compliance N/A and stored unapproved waste(infectious) Ohio EPA NOV VRA was in compliance N/A 3/18/2003 On 10/07/02 VRA failed to feed carbon to when carbon feed ®' one of two injection points of the resumed on the day of Enhanced Carbon injection System(SCIS)the incident. This was or a 12-hour period. (Permit requirement)noted in the Notice of violation Ohio EPA NOV VRA had a release of acidic solution on Concrete work is on- N/A 10/17/02 9/17/02. Approximately 5,000 gallons hold(weather). VRA were released to the East Liverpool PTOW received a RTC letter and approximately 300 gallons to the Ohio 2/21/03 River. Ohio EPA NOV VRA has re-installed the N/A ® 8/14/02 VRA failed to operate the floating system and received a containment removal system for the RTC(return to Charter Oil site as required by the findingscompliance)letter and orders of the 1991 consent order. 2103/03 2/05/02 Ohio EPA NOV VRA(stored)containers of incompatible. Condition was N/A This violation is in Immediately abated Question. �. Ohio EPA Civil Penalty Immediately abated $3,800.00 11/13/200 K codes K169-K172 1 VRA accepted the waste codes K169- were approved for K 172 without Ohio permit approval acceptance(Ohio) 2/14/02 VRA paid a fine of $3,800 9/26/2001 Ohio EPA NOV VRA failed minimize the possibility of a Immediately abated N/A re 8/15/2001 DEP Penalty VRA was late in paying hazardous waste The fee was mailed out. $35.00 transportation fees for Pennsylvania amounting to$35.00 " City of Fort Worth_DEM06-04:HHWD 11/15/2005 Herita a Environmental Services LLC. �#g- v � 7901 W.Morris St. �«.—a/► Indianapolis,IN 46231 (800)827-4374 Ohio EPA NOV VRA failed to adequately train two A modification was N/A employees that were later injured trying to performed on the feed 7/27/2001 unclog the feed chute. chute that should greatly limit the need for employees to access that area. VRA was issued a return to compliance 10/22/01 7/3/2001 Ohio EPA NOV Failed to maintain adequate aisle space in OEPA stated in a letter N/A e container holding area dated September 17, 2001 that the violation s considered abated. Ohio EPA NOV Failure to submit title V fee emission Report submitted N/A 6/26/2001 report by dead line 8/01/01 9/27/2000 Ohio EPA AdministrativeDirector's Final Findings and Orders- All penalties and $40,000 Oder VRA shall pay$17,500 cash, $80,000 to requests have been onsite inspector program(over two years, carried out. Final starting January 2001),at least$18,750 to payment of$40,000 to install a kiln shroud,and provide$18,750 the onsite inspector of funding for an environmental education program occurred _ project. December 28,2001. 8/21/2000 Ohio EPA NOV VRA/WTI did not submit a permit OEPA stated in a letter N/A *�. modification in a timely manner. (interna[ dated March 29,2001 truck wash) that the violation was considered abated. �. 7/28/2000 Ohio EPA NOV North carbon box's inlet hose was torn. OEPA stated in a letter N/A dated August 15,2000 that the violation was considered abated. 5/9/2000 Ohio EPA NOV VRA/WTI failed to immediately notify the Phone messages were N/A OEPA for an uncontrolled fugitive left for the appropriate emission due to a clogged spray dryer. parties. 4/28/2000 Ohio EPA NOV VRA/WTI made changes to facility's OEPA stated in a letter N/A vapor recovery system without giving dated July 24,2000 that notice to the OEPA the violation was considered abated. 4/26/2000 Ohio EPA NOV VRA/WTI experienced uncontrolled OEPA stated in a letter N/A fugitive emissions due to a clogged spray dated July 28, 2000 that «.` dryer that cause the system to go positive. the violation was considered abated. 2/24/2000 Ohio EPA NOV VRA/WTI did not provide information to OEPA stated in a letter N/A OEPA in a reasonable time. dated June 7,2000 that the violation was considered abated. Ohio EPA NOV Observations made by OEPA were not OEPA stated in a letter N/A ..n noted in the inspection log. dated June 7,2000 that e violation was considered abated. lig � City of Fort Worth DEM06-04:HHWD 11/15/2005 Heritage Environmental Services, LLC. 7901 W.Moms St. �� Indianapolis,IN 46231 (800)827-4374 Ohio EPA NOV VRA/WTI failed to sample the"slag" OEPA stated in a letter N/A treatment residue in accordance with the dated August 11,2000 Waste Analysis Plan(WAP). that the violation was considered abated. Ohio EPA NOV VRA/WTI did not submit a permit Modification was N/A modification in a timely manner. (WAP) submitted September 13,2000. OEPA approved the modification October 24,2000. NOV was abated when the modification was submitted. Ohio EPA NOV VRA/WTI failed to minimize the OEPA stated in a letter N/A possibility of a fire in association with six dated August 11,2000 fires on-site. Five of these fires were in that the violation was e bulk solid waste tanks. considered abated. 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HOUSTON FACILITY SITE PROFILE �F SET ENVIRONMENTAL,INC. SITE PROFILE TABLE OF CONTENTS Revised-March 2002 TOPICS PAGE Genera]Information .....................................................................................................................................3 SiteDescription.............................................................................................................................................4 . " Financial Information....................................................................................................................................5 RegulatoryInformation.................................................................................................................................6 AdministrativeInformation...........................................................................................................................6 Waste Processing Systems........................ ......................8 .............................................................................. EmissionsControl Systems...........................................................................................................................9 WasteTreatment Information.....................................................................................................................10 Safetyand Training.....................................................................................................................................10 LaboratoryInformation...............................................................................................................................11 RecordKeeping and Required Forms.........................................................................................................l l ApprovedDisposal Facilities List...............................................................................................................12 EXHIBITS A. Facility Maps B. Certificate of Insurance C. Part B Permit D. Wastewater Treatment Permit E. Agency Inspection Results F. Organizational Structure G. Training Topics ,.. H. Wastestream Profile I. Sample Chain of Custody J. Lab Summary .-; K. Lab Pack Inventory L. Gas Cylinder Profile and Inspection Report M. Notification for Waste Restricted from Land Disposal(LDR) N. Waste Stream Notification Form O. Waste Generation Summary SET ENVIRONMENTAL, INC. SITE PROFILE I. GENERAL INFORMATION NAME: SET Environmental,Inc. MAILING ADDRESS: 5738 Cheswood Houston,Texas 77087 FACILITYADDRESS. 5743 Cheswood Houston,Texas 77087 TELEPHONE: (800)598-7328 or(713)645-8710 TAX.- (713)649-1027 CONTACTS. Dave DeVries President Fred Schwartz General Manager Walter(Chuck)Kilgus Facility Manager Scott Skoog Facility Engineer Daniel A.Didier Compliance Director Pamela Page Nowlin Sales Manager Sandy Moody �^ Customer Service Manager OFFICE HOURS: 8:00 a.m.to 5:00 p.m. (Weekdays) RECEIVING HOURS: 8:00 a.m.to 4:00 p.m. (Weekdays) IL SITE DESCRIPTION LAYOUT The facility is situated on a one (1) acre site and has three (3)permitted storage buildings (a map of the facility is included as Exhibit A): 1. Warehouse - used for various types of hazardous waste storage, drum cleaning, waste compaction and metal drum compaction. This storage building has a concrete base which is coated with an epoxy sealant. In order to prevent run-on, run-off and accumulation of rain water this building is roofed, has walls and is surrounded by a six inch high concrete curb. Incompatible material stored in this building are separated by six inch high concrete curbs. Each separate storage area has the capacity to contain a minimum of 10% of the volume of waste stored in that area and 100%of the largest container in that area. 2. Process Building - used for chemical treatment, compressed gas and lab pack processing. This storage building also has a concrete base, is roofed and has walls. This building is also surrounded by a six inch high concrete secondary containment curb. This building houses two permitted container storage units(CS-1 and CS-3)and four chemical treatment tanks which will be described later(PT-2,PT-5, WW-2 and PT-11). 3. Ignitable Storage and Processing Building - used to store flammable wastes in containers and to blend organic liquids in tanks for reuse as secondary fuels. This container storage area has a concrete base, is roofed and enclosed on three sides. The container storage area is sloped to a low point in the center of the building and has the capacity to contain a minimum of 10% of all waste and 100% of the largest container stored in this area. This building is divided into three separate permitted storage units (CS-4, CS-5 and CS-6)and has four fuel blending tanks (FB-1 through FB- 4). LOCATION The facility is located outside the 100 year flood plain. The surrounding area within one mile of the facility is classified as mixed commercial,residential and industrial. The nearest home is 1,100 feet north,the nearest school is 3,500 feet southeast and the nearest surface water(Sims Bayou) is 7,250 feet southeast of the facility. There are no down gradient drinking water wells within one(1)mile. SECURITY The entire facility is enclosed by a six (6) foot high chain link fence topped with three (3) strands of barbed wire. The entrances to the facility are controlled by gates which are locked when facility personnel are not present. The .. facility is patrolled by on-site security personnel during non-operational hours. As required by 40 CFR 264.24, signs which state "Danger - Authorized Personnel Only" are posted on the perimeter of the site. These signs are posted in English and are visible from at least 25 feet. 4 FACILITY HISTORY SET Environmental, Inc. was incorporated in the State of Illinois on April 4, 1979 and purchased the facility from Nuclear Sources and Services Inc. (NSSI)on April 8, 1988. At the time of purchase,the facility was under interim status and had been operated by NSSI since 1985. The site was used for agricultural purposes up to 1930. Between 1930 and 1981 the property was privately owned. During this time no entities were identified that would suggest any on site industrial or commercial activities. Aerial photographs taken in 1969 and 1975 show the property to be vacant. Nuclear Sources and Services, Inc. (NSSI)purchased the property in 1981. NSSI began construction of the existing facility in 1985 for the purpose of hazardous waste treatment and storage. Prior to purchasing the facility, SET Environmental hired an independent engineering and consulting firm to .. conduct a pre acquisition environmental risk assessment of the property. The assessment included sampling of soil and groundwater. There were no signs of contamination observed in the groundwater, however, low concentrations (highest level = 3.1 ppm) of PCBs were detected in the upper foot of soil at the southern most end of the facility. The soil showing low concentrations of PCB's was excavated and disposed of in April of 1988. SET Environmental, Inc. was issued a Part B Permit on October 4, 1990 from the Texas Natural Resource Conservation Commission and December 14, 1990 from the United States Environmental Protection Agency. SET Environmental's RCRA permit was renewed on August 12, 2002 and will expire on August 12, 2012. The facility name was changed from Treatment One, Division of SET Environmental to SET Environmental, Inc. in March of 2002 to better convey the comprehensive services offered by the company. III. FINANCIAL INFORMATION CORPORATE OFFICE: SET Environmental,Inc. 450 Sumac Road Wheeling,Illinois 60090 (800)634-6856 or(847)537-9221 FORM OF OWNERSHIP: Private Corporation COMPANY OFFICERS. Calvin Tameling,CEO Bernard Tameling, Secretary/Treasurer DUN&BRADSTREET NO: 09-897-9297 CLOSURE PLAN MECHANISM. Trust Fund CLOSURE COST ESTIMATE: $476,782(Last Update: December 2002) INSURANCE CERTIFICATE: See Exhibit B NUMBER OF EMPLOYEES: Approximately 175 (Total), 50(Houston Facility) 5 IV. REGULATORY INFORMATION USEPA ID NO: TXD055135388 STA TE REGISTRA TION NO. 50267 PART B PERMIT NO: HW-50267-001 (See Exhibit C) SIC CODE. 4953 Refuse Systems 4953-01 Hazardous Waste Collection and Distribution NAICS CODE: 562211 REG ULA TOR YSTA TUS: SET - Houston is currently under no enforcement action by any regulatory body. PERMIT WRITER: Texas Commission on Environmental Quality Mr. Brad Jackson(512)239-3921 INSPECTION OFFICIAL: Texas Commission on Environmental Quality,Region 12 5425 Polk Avenue, Suite H Houston,Texas 77023 Ms. Charlotta Mock(713)767-3774 V. ADMINISTRATIVE INFORMATION BACKGROUND OFKEYPERSONNEL: Dave DeVries,President,B.S. Business Administration 1997 -Present—SET Environmental,Inc. 1994- 1997-General Manager;Treatment One 1991 - 1994-General Manager; SET Environmental,Inc:Remediation Division 1986- 1991 -Various Positions; SET Environmental,Inc. Frederick J.(Fred)Schwartz,General Manager,M.B.A. Marketing and Computer Systems, B.S.Chemical Engineering 1999-Present—SET Environmental,Inc. 1995 - 1999-Concept Chemicals,Inc. General Manager 1987- 1985 -RUST Remedial Services,Inc. (Formerly Chemical Waste Mgmt.,Remedial Services),Group Manager 1983 - 1987-Rollins Field Services,Inc.,Business and Marketing Manager Corwin Johnson,Approvals Manager,B.S.Biology,Minor Chemistry 1998-Present—SET Environmental,Inc. 1995 - 1998 -Operations Manager,Treatment One 1989- 1995 -Environmental Field Services Manager;Treatment One Bob Mann,Facility Chemist,M.S. Chemistry 1989-Present—SET Environmental,Inc. 6 1987 - 1989-ENSCO; Chief Chemist Scott Skoog,Facility Engineer,B.S. Chemical Engineering,PE 1995—Present—SET Environmental,Inc. 1993 - 1995—Operations Manager,Treatment One 1985 - 1993 -SET Environmental,Inc;Permitting Shelia Armstrong,National Marketing Manager,B.A. Chemistry 1996-Present—SET Environmental,Inc. 1990- 1996-Technical Sales Representative;Treatment One 1989- 1990-Technical Env. Systems;Technical Sales Representative 1987- 1989-Rollins Environmental;Technical Sales Representative Daniel A. Didier,Compliance Director,B.S. Forestry,M.S. Candidate Environmental Science, Specialization Industrial Hygiene, Certified Hazardous Materials Manager, 1993 1988-Present—SET Environmental,Inc. 1986- 1988- SET Environmental,Inc;Project Manager Walter(Chuck)Kilgus,Facility Manager,B.S.Biology,Minor Chemistry 1998—Present—SET Environmental,Inc. 1995 - 1998—Environmental Field Services Manager,Treatment One 1991 - 1995 -Lab Pack Approvals Coordinator;Treatment One Phil Nodecker,Gas Cylinder Production Manager 1995—Present—SET Environmental,Inc. 1991 - 1995—Gas Cylinder Coordinator,Treatment One Pamela Page Nowlin, Sales Manager 1996-Present—SET Environmental,Inc. 1992- 1996- Shipping,Receiving&Inventory/Administration Manager WN 1991 - 1992-Canonie Environmental;Business Development Manager 1990- 1991 -MSP Technical Service;District Account Manager 1986- 1990-Chemical Waste Management;Customer Service BREAKDOWN OF EMPLOYEES BY DEPARTMENT. Sales.........................................................................................................................4 CustomerService.....................................................................................................5 WasteApprovals......................................................................................................l DataControl.............................................................................................................2 Billing.......................................................................................................................l Laboratory................................................................................................................3 ChemicalTreatment................................................................................................6 Environmental Field Services.................................................................................3 FuelBlending. .........................................................................................................5 Shippingand Receiving...........................................................................................4 Cylinders..................................................................................................................4 Maintenance.............................................................................................................3 Complianceand Safety............................................................................................l Administration/Other...............................................................................................4 7 VI. WASTE PROCESSING SYSTEMS ORGANIC BLENDING: SET Environmental, Inc. currently has four (4) 4,000 gallon RCRA permitted carbon steel tanks. Each tank has been equipped with an agitator, pressure release valve and conservation vent. Corrosion protection is accomplished through proper management practices such as maintaining a chlorine content of less than five percent and a pH concentration above seven. Tanks are inspected every three (3) years for deterioration by an independent professional engineer. All ancillary equipment for these tanks is above ground. The fuel blending tanks and ancillary equipment have a secondary containment structure that holds 7,529 gallons and is lined with a 100 mil HDPE liner. These tanks are covered to prevent the accumulation of rain water. Each tank has been raised off the ground with the use of I beam supports to facilitate daily inspections. The type of waste primarily handled in these tanks are organic liquids(solvents and paints). CHEMICAL TREATMENT. There are four tanks that make up the chemical treatment system. Their identification numbers are PT-2, PT-5, WW-2 and PT-11, permit numbers 8, 14, 15 and 9. Their capacities are 1,700,7,000,6,500 and 1,615 gallons respectively. All four tanks and associated ancillary equipment are: (1) Above ground; (2) Equipped with sealed secondary containment capable of containing the contents of the largest tank; (3) Equipped with agitators; (4) Inspected every three (3) years for integrity by an independent registered professional engineer,and are; (5) Inspected each work day by qualified facility personnel. The purpose of this inspection is to identify any leaks, corrosion or other system failure in the tanks, ancillary equipment and secondary containment. PT-2 and PT-11 tanks and ancillary equipment are: (1) Equipped with corrosion protection(Kynar liners); (2) Equipped with agitators, Ph, temperature and oxidation potential .- monitors; (3) Connected to an air emissions control system which is composed of a recirculating caustic counter current packed scrubber in line with an 8000 pound activated carbon bed; R The treatment processes designated for each tank are as follows: PT-2 is used for neutralization and hydrolysis, PT-5 is used for caustic solution storage, WW-2 is treated waste water storage and PT-11 is used primarily for hydrolysis of water reactive acids and neutralization of liquids and gases. GAS CYLINDER SET Environmental,Inc.has a variety of scrubbing techniques used for the PROCESSING: treatment and disposal and recycling of compressed gases. All processing activities take place under emission controlled atmosphere. The use of PT-11 (Chemical .� Treatment Unit)allows for remote handling of the gas cylinders. The flow of gases through the scrubbing systems is controlled from outside the treatment building, thereby eliminating potential exposure to the gases. Two separate processing units are in place for the processing of compressed gases. Emissions from the first unit are vented through a caustic scrubber to remove acidic fugitive emissions. This unit is primarily used for handling of corrosive gases. The second processing unit consists of 2-6000 pound activated carbon beds used to capture any fugitive emissions for the processing of organic gases. In addition to processing compressed gases, SET Environmental, Inc. has the capability to overpack or repack cylinders in poor condition and to process cylinders with inoperable valves. VII. EMISSIONS CONTROL SYSTEMS ACTIVATED CARBON Three separate activated carbon beds are utilized throughout BEDS.• the facility. The following chemical processing areas have emissions controlled with activated carbon. 1. Organic blending processing unit 2. Organic blending vat 3. Two chemical treatment tanks(PT2 and PTI l) 4. Gas Cylinder processing Unit#1 CA USTIC SCR UBBERS.• The facility has two caustic scrubbing units. The first is a caustic counter current packed tower unit. The second unit is a horizontal caustic bath scrubber. The following areas have emissions controlled with caustic scrubbers. 1. Two chemical treatment tanks(PT2 and PT 11) 2. Gas Cylinder processing unit#2 9 VIII. WASTE TREATMENT INFORMATION WASTE MANAGEMENT METHODS: Fuel Blending, Neutralization, Oxidation/Reduction, Hydrolysis,Repackaging, Storage. PACKAGING REQUIREMENTS. SET Environmental, Inc. will only accept DOT authorized �. packagings for shipments of hazardous materials; non-hazardous materials may be shipped in non-DOT packagings. SET Environmental,Inc. Lab Pack Protocol is available upon request. UNACCEPTABLE MATERIAL: TSCA regulated PCBs, Radioactive Material, Explosives, Infectious Wastes and Dioxins. EMPTY DR UM HANDLING: Drums are cleaned and either reused by SET Environmental, Inc. or - sent off-site for scrap metal recycling. Poly drums are cut up and sent to a plastic recycler or are landfilled. IX. SAFETY AND TRAINING TRAINING: SET Environmental,Inc.employs a modular approach to training developed by SET which includes five areas: Administrative, Safety, Regulatory, Technical and Operational. Initial training includes 24 to 40 hours of classroom demonstrative ' training. Each facility employee is certified by the American Red Cross in CPR/Standard First Aid. Continued training includes a minimum of eight hours annual review complimented with monthly safety meetings. MEDICAL MONITORING: SET Environmental,Inc.'s medical surveillance program includes a pre-employment and an annual physical examination as well as an examination upon any suspected exposure and upon termination of employment. Medical surveillance results are monitored by a physician experienced in industrial medicine. SAFETY EQUIPMENT.• The facility is equipped with an intercom system capable of providing immediate emergency instructions to facility personnel. There are several phones on site which can be used to summon emergency assistance. Emergency response and first aid stations are located near each processing location. See Exhibit A for location of safety and emergency response equipment. Each building is equipped with an automatic fire suppression system. The system activates when thermal detecters are exposed to a temperature of 1900 or a temperature rise of 15° F in one minute or less. Once activated an alarm sounds to evacuate employees and a monitoring service contacts the Fire Department. 10 X. LABORATORY INFORMATION PERSONNEL: SET Environmental, Inc.'s laboratory is staffed by experienced, degreed chemists. Additional laboratory and analytical support is provided by SETS laboratory staff in Wheeling,Illinois. EQUIPMENT.• SET Environmental, Inc.'s lab is equipped with a flashpoint tester, a bomb calorimeter,halogen analyzers,muffle furnace,pH meter,Karl Fischer titration unit, Atomic Absorbtion Unit, hydrometer, FTIR, and centrifuge. SETS lab is equipped with a infrared spectrophotometer and gas chromatograph. WASTE ANALYSIS: A minimum of ten percent of the containers are sampled for each wastestream in a shipment although SET Environmental, Inc. typically takes a composite sample of 100 percent of the containers. The sample is then analyzed to verify that wastes received are those described on the wastestream profile. Depending on the type of waste, wastestreams will be analyzed for % water, flashpoint, pH, BTU, %halide, ppm fluoride, specific gravity, reactive sulfide, reactive cyanide, suspended solids, dissolved solids, %ash, ppm sodium, ppm potassium, and qualitative test for peroxide and oxidizer characteristics. Lab packs are unpacked and checked for conformance with approved lab pack inventories. If the waste stream or lab pack does not conform to previously approved paperwork, SET Environmental, Inc. will contact the generator in an effort to resolve the discrepancy. If the discrepancy requires further investigation, SET Environmental, Inc. will conditionally accept the waste if authorized by the generator until further analysis can be conducted. If the discrepancy cannot be resolved (this rarely occurs)the waste will be returned to the generator. XI. RECORD KEEPING AND REQUIRED FORMS INTERNAL RECORDS: The following records and documents are maintained by SET Environmental, Inc.: Contingency Plan (arrangements with local authorities included), Detailed Operating Record, Waste Minimization Program, Waste Analysis Plan, Inspection Schedule,Training Documentation,a Job Title and Written Job Description for each position,and the name of each employee filling the position. WASTE PROFILE: Waste Profile sheets are required for each individual wastestream. LAB PACK INVENTORIES Lab Pack inventories must be submitted with a Lab Pack summary &SUMMARY• form signed by the packaging agent and generator for each Lab Pack shipment. CYLINDER PROFILE: Cylinder Profiles must be submitted with each batch of cylinders for approval. In addition to the completed Gas Cylinder Profile, a Gas Cylinder Inspection and Evaluation Report must be completed and attached to the Profile. The Gas Cylinder Profile must be signed by the packaging agent and generator. If at all possible, include pictures of each cylinder. �"" 11 Heritage Environmental Services,LLC. t!IG/If 7901 W. Morris St. Indianapolis,IN 46231 (800)827-4374 450 Sumac Road Wheeling,IL 60090 FIIYf1Vi�11??eRl Tel:(847)537.9224 . Fax(847)537-9285 www.setenv.com HAZARDOtS WASTE TRANSPORTER PERNUTS TFc PE&MIT EXPIRATION DATE ALABAMA ILD981957236 12123/2006 ARIZONA 12307 2/292005 ARKANSAS HWY POLICE H-906 2/29r2005 CALIFORNIA 2380 1/3111005 COLORADO HMP 10974 12!08/2004 CONNECTICUT CT-HW-440 6/3012006 DELAWARE DE-HW-486 31312009 FLORIDA ILD981957236 5/07/2005 GEORGIA ILD981957236 TRIP PERMIT FOR PCB'S IDAHO 0468850 12/31/2004 ILLINOIS LIPW-0232773-EL 9/30/2005 INDIANA NOT REQUIRED IOWA NOT REQUIRED KANSAS ILD981957236 12/31/2004 KENTUCKY ILD981957236 NEVER LOUISIANA NOT REQUIRED MAINE 467 101.512005 MARYLAND HWH 596 12/3112004 MASSACHUSETTS 456 12131/ 004 MICHIGAN LIWO232773NU 1/1412006 MINNESOTA SINGLE STATE/ILLINOIS MISSOURI H-1254 10/28/2005 NEVADA SINGLE STATE/ILLINOIS NEW HAMPSHIRE TNH-0272 6/30/2005 NEW MEXICO CONTROL#60151 10t1312004 NEW YORK IL-017 4/302005 NORTH CAROLINA NOT REQUB= NORTH DAKOTA WH-593 1/272011 W OHIO SINGLE STATE/I.LLINOIS OKLAHOMA 2063 ShNGLE STATEALLINOIS OREGON PERMIT®PORT/ENTRY PENNSYLVANIA PA-AH-S226 12131/2005 SOUIE EI CAROLINA 1LD981957236 12/12007 SOUTH DAKOTA NOT REQUIRED TENNESSEE ILD981%M6 3/1/2005 TEXAS 40835 NEVER UTAH NOT REQUIRED VERMONT ILD981957236 6/302005 VIRGINIA ILD9819572365 3/272008 WASHINGTON PERMIT 0 PORT/ENTRY �r WEST VIRGINIA SINGLE STATF/111_INOIS WISCONSIN 11057 9/302005 WYOMING NOT REQUIRED Note: I.D981957236 is SET Enviraomental's EPA number for 450 Sumac Road,Wheeling,Illinois. City of Fort Worth_DEM06-04AHWD 45 of 50 11/17/2005 Heritage Environmental Services, LLC. `fes 7901 W. Morris St. Indianapolis, IN 46231 (800)827-4374 Robert J_Huston.%ha&man �� T R.8.•Raiyh Marquez,Com-duto— tt+i f r Kathleen Hartnett White,Commiuiwur Jeffrey A SgtW exem tv Dvedor no TE)US NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Prevar Ibw Potfution August 14,2002 r. t� J&Daniel A Didier,CRUM SET Environmental,Inc- 5738 Cheswood Street Houston, Texas 77087 Re: Transmittal of Permit Renewal MR Industria] Solid Waste Registration No- 50267 Hazardous Waste Pera it No. BIW-50267 EPA I.D. No. TXD055135388 Dear Mr.Didier: Enclosed is a copy ofthe above referen*Renewal ofPermit No.HW-50267 issued pursuant to the .. Texas Health and Safety Code,Chapter 361- Should-you have any questions,please contact Mr. Brad Jackson of the Texas Natural Resource Conservation Commissions Waste Permits Division. Industrial and Hazardous Waste Permits Section at 512/239-3921. Please use the mail code(MC 130)after the recipient's name. Sincerely, e��5rty�� f Z2 Wade M.Wheatley,P.E., Director Waste Permits Division WMW/BJ/pt Enclosure –• cc: Mr.Brad Jackson,TNRCC Waste Permits Division,Industrial and Hazardous Waste Permits Section P.O.Box 13087 Austin.Texas 7 11-3067 5131-934-1000 inttrnct adJrrss:ww4-tnrcestate .us a , w" City of Fort Worth_DEM06-04:HHWD 46 of 50 11/17/2005 Heritage Environmental Services, LLC. .� 7901 W. Morris St. Indianapolis, IN 4623 I (800)827-4374 Permit No. HW-50267-001 EPA ID,No.TJtD055135388-1 ISW Reg.No.50267 Texas Natural Resource Conservation Commission Austin,Texas PERMIT FOR INDUSTRIAL SOLID WASTE MANAGEMENT SITE Issued under provisions of TEXAS HEALTH AND SAFETY CODE ANN. Chapter 361 (Vernon) Operator_ SET Environmental,Tac, 5743 Cheswood Street Houston,TX 77087 Owner: SET Environmental,Inc. 5743 Cheswood Street Houston,TX 77087 �. Registered Agent for Service: `Not Applicable Classification of site: Hazardous and NoAbazudous Class 1 industrial solid waste storage and processing,commercial The permittee is authorized to manage wastes in accordance with the Iimitations,requirements,and other conditions set forth herein. This permit is granted subject to the rules of the Commission and other Orden - of the Commission, and laws of the State of Texas. This permit does not exempt the permittee*ora compliance with the Texas Clean Air Act. This permit will be valid until canceled,amended,uaodiEed or revolted by the Commission,except that the authorization to store and process wastes shall expire midnight; 10 years after the date of permit renewal approval. This permit was originally issued on October 3,1990. Ail provisions in this permit stern from State and/or Federal authority. Those provisions marked with an asterisk(•)stern from Federal authority and will implement the applicable requirements of HS WA forwhich the Texas Natural Resource Conservation Commission has not been authorized. Those provisions marked with a double asterisk(11)stem from federal authority only- ISSUED: AUG 12 2002 For The Commission City of Fort Worth_DEM06-04:HHWD 47 of 50 11/17/2005 2 N CD 0 O tOn E 0 y a) CL a) N ,� M O a) a) C M L_ Imc p) (gyp C N C C .+ V .� O O U'� L .0- (D N N O ? ~ -0,o N a 0 ZO O a(0i � coMi� m �� � 0 apcu) 4) a,:gco (D o �'o co o; z vni L � Eoo8E �,ONcxo cwt cL v 2 M a) U a) m- N a) 0 () W c r U)- CU� CU 0 4) 2=�— N•- 2v n c"p M M an) O na) m coo N N aw o oy�+ nai �Ep r �� C c o 40 Z 3 MF- U) o� C - w o c E O C M o M C a) '-- 0 }. ov voi •.'m o 2•� i a) d)v u a) M `0 N nN (Ui .a. M >,^- r - M c C N o Q 'a v M rn n n .0L-%- U) i� E� vi Eowrncy - nEw me c c .� 0 +. 7 m NL — O N O N N M 0 OH }. -o a) (n p)N vMiLs c 3 M� � v a)� (D (D cW o (D 10 N t w m ��N aa))CO= M't �� a)y w Q (D E o °� c rn M 0-0 o M N U) M 7 O'~L M.. a) O 0— to n x Y C C w 3 N a) rnN Mr_ N SHO E 'D O V ,C ` (n E " L C CL CC —L a) d 0 p)L C 7 N 3 M M > > 0 v O 12 �0 v0i m N m N C H 0'0304 C~,) :5 E m � D N N Oj � � CD 70 owc a) ++ N to ++ L O y O w cCp m > ZCL o;�s CU (D o` 0 D NY c c�o� m Ems- ac cu ai N v v amiC pN >_ cEpCa) a)� o aeric3c�amiai (D M CD .c .. 3 N � Ootw a) M0 -M -75 um 0E (D tic .c5 ami C M 3 W W N.` U N C C 3 L O)'O ;� 3 C 0 ` N M CL �— 3 U cn 3 v tO E o o m me C M 0 M E .. L a? C v :�� .p� n 0 Q `a)z0 CCL0CD V Cao may �U N U Z 3 > M N M m c ..- F_ y� r � m F_y a) a) a) n0 Mc5 Mcoi - Eo a)- J 3 a) a) fn U 00 -0 (n M a) .L., M a) o = Z J V lu A � 2 O z C7 cW LL y I- O O co m ti z °1 0 o > D "-> 3 C J W 7'C L O c 0 0 Sm (n O OLL ON C INO m m A 7 A ,u W = 7 C W U) E > K to z E '" dam ° YC /h �- V : tCL A >t1 W) > W xr in H W C C O O '++ a+ W m O_ O_ z z ° N U m Z C4 O a z g N � J ICO m > w Q O LL C � O E c o m z O G a o W 2 C4to 70 = �= U W v C N LL O W_ U to to ?++ O CO N m m L) O 0 > ` > > o 0 O m z z 0 z a W a IU U o N g� Q ~ ~ p d u?n �i ti O`(Q N d N z Ip O LL C C IN O O 9 9 a9 9te+ C Q Of v E W O O` NOL ° Qfn C) N C W X U O w IO Z C6 V Of� Triad Transport, Z7c. FED XD#73-1282029 HAZ MAT CERT RE6 XDy# P O Box 818 ICC#MC-184130 060502 014 011KM McAlester, OK 74502 US DOM 285929 EPA XDy# OX0981588791 TXR000O13441 TND04311398 Hazardous Waste Permits STATE PERMIT NUMBER EXPIRATION Mail Renewal Alabama OKD981 588 791 10-01-08 Arizona N/A 60 Days Arizona 302295(Special Waste) Arkansas H-377 (Hi-way Police) 01-22.46 30 Days British Columbia LT0946 02-27.46 30 Days -� California 2312 (also Medical Waste) 08-31-06 60 Days CA CHP LIC#78821,Carrier#47610 12-31-05 60 Days Colorado HMP-10667 10464X6 Connecticut CT-HW-625 06-30-06 60 Days Delaware DE-HW-413 12-31-05 90 Days District Of Columbia N/A Florida Certificate of Approval 05-01-06 60 Days Florida Low-Level Radioactive 02-28-06 60 Days Florida Dade County LW-000282-20012002(HW)-HW 03-31-06 30 Days ` Georgia Permit Requested(PCB,RAM,LNG only) 02-27-06 30 Days Idaho 54530-1(Hazardous Materials) 12-31-05 60 Days Illinois UPW-285929-OK(Alliance) 07-01-06 60 Days Indiana N/A Iowa N/A Kansas OKD981588791 12-31-05 30 Days Kentucky OKD981588791 N/A Louisiana N/A Maine 431 03-23-06 30 Days r Maryland HWH 568 02-28-06 30 Days Massachusetts 421 12-314)6 Michigan LIW 0285929 MI(LIQ IND WASTE) 09-17-06 90 Days Michigan UPW-285929-OK (Alliance) 07-01-06 +r+ Minnesota UPW-285929-OK (Alliance) 07-01-06 60 Days Mississippi N/A Missouri H-1625 06-19-06 60 Days Montana N/A Nebraska N/A Nevada UPW-285929-OK(Alliance) 07-01-06 60 Days New Hampshire TNH-0249 06-30-06 60 Days New Jersey 50168 06-30-07 New Mexico 510(Solid Waste Registration) N/A New Mexico 00000473843 Hazardous Materials) 12-31-05 30 Days New York OK-005 (also Low-Level Radioactive Waste) 09-30-06 30 Days North Carolina N/A North Dakota WH-518 09-20-09 Ohio UPW 285929-OK (Alliance) 07-01-06 60 Days Oklahoma UPW-285929-OK (Alliance) 07-01-06 60 Days Ontario A941597 N/A Oregon 01OK1378(Radioactive Materials) 09-09-06 30 Days Pennsylvania PA-AH 0392 Interim—no expiration until final issued Quebec 7610-06-01-0266810-06000241 06-07-05 Rhode Island 758 06-30-06 60 Days South Carolina OKD981588791 024)84)6 South Dakota N/A Tennessee OKD981588791 01/31/06 30 Days Texas 41038 N/A _ Texas 3270(Oil&Gas Waste Hauler) 10-31-05 30 Days Texas CERT#0000038932(DOT) 01-31-06 30 Days Texas A85720(Used Oil) N/A Utah N/A Vermont OKD9815887912 06-3046 60 Days Virginia OKD9815887912 09-26-11 30 Days Washington N/A West Virginia UPW-285929-OK(Alliance) 07-01-06 60 Days Wisconsin 12693 09-30-06 30 Days Wyoming N/A November 17,2005 �' Heritage Environmental Services, LLC. _t l7LRIT 7901 W. Monis St. �■■� Indianapolis, IN 46231 (800)827-4374 - LEGAL & COMPLIANCE HISTORY Certification of Provider's Legal and Compliance History Complete 2UE of the Following Certifications: I certify under penalty of law that the attached report of Provider's 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 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 BY: Robin Raity Compa7 Name (print or type name of signatory) p� Account Renresentative (Sig ture) Title(print or type) Date November 16. 2005 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, Provider's 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. Include is a 5-year NOV Report for the Heritage-Indianapolis and WTI Incinerator facilities as well as a legal summary for WTI. City of Fort Worth DEM06-04:HHWD 48 of 50 11/17/2005 Heritage Environmental Services, LLC. t!IG/II 7901 W. Morris St. Indianapolis, 1N 46231 (800)827-4374 �. HEALTH & SAFETY PROGRAM MANUAL The Heritage Health & Safety Manual is included in the sealed envelope. For several reasons, Heritage has submitted the manual separately, one copy, from the bound proposal but within the same sealed envelope. The reasons are listed below: 1. Size of the manual; 2. CONFIDENTIALITY — THIS MANUAL IS CONSIDERED HIGHLY CONFIDENTIAL AND HERITAGE IS REQUESTING THAT THIS MANUAL BE �., TREATED AS SUCH. City of Fort Worth_DEM06-04:HHWD 49 of 50 11/17/2005 Heritage Environmental Services, LLC. .� 7901 W. Morris St. fndianapolis, M 46231 (800)827-4374 PREFERRED WASTE DISPOSAL OPTIONS This matrix lists most of the common types of waste collected at the Environmental Collection Center. For each waste listed,please indicate the proposed waste disposal method by placing a check mark in the appropriate box. If a particular waste can be disposed of by more that one method,please indicate your preference by placing the appropriate number in each box,with"1"being the most prefened method, "2"being the next preferred method, "3","4",etc. W aste Pro sed Dis sal Method Material RCRA Landfill RCRA Incineration Treatment Fuel Blending Other(specify., Acids/corrosives 1 2 3 Brake fluid 2 1 Drain cleaners 1 2 Fertilizers 1 Gasoline 2 1 Glue/adhesives 2 1-Massburn Herbicides 1 Home cleaners 3 2 1-Massburn Insecticides 1 Mercury 3 (Organic) 2 1-Recycle Nail polisb 1 Pesticides 1 1 Pharmaceuticals Poisons 1 1 2 Pool Cleaners Solvents 2 1 2 1 Stains Stritwers 2 1 2 1 Transmission fluid Varnish 2 1 City of Fort Worth_DE1V106-04:HHWD 50 of 50 11/17/2005 OP ID L2 DATE(MM/DD/YYM ACCRD CERTIFICATE OF LIABILITY INSURANCE HESOK-1 07/22/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMX[ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Tobias Insurance Group, Inc. HOLDER.THIS CERTIFICRE DOES NOT AMEND,EXTEND OR 9247 N. Meridian 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 NAIC# INSURED INSURER A: Greenwich Insurance company INSURER B: Zurich American ins. company Heritage Environmental Services LLC INSURER C: 1840 N. 105 East Avenue INSURER D: Tulsa OK 74116 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5K ALAY POLICY EFFECTIVE POLICY LTR INSQ TYPE OF INSURANCEM/ POLICY NUMBER DATE(MWDATE MM/DD EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY GEC000304105 06/01/05 06/01/06 PREMISES Faoccurence $ 100,000 CLAIMS MADE ®OCCUR MED EXP(Any one person) $ 5,000 X CONTRACTUAL PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY $ JPERCOT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANYAUTO AEC000304305 06/01/05 06/01/06 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per pion) X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X MCS-90 PROPERTY DAMAGE X POLLUTION (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 A $ I OCCUR D CLAIMSMADE URC001183603 06/01/05 06/01/06 AGGREGATE $ 10,000,000 s DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND g I TORY LIM4TS I ER B EMPLOYERS'LIABILITY WC929886305 08/01/05 08/01/06 E.L.EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTNE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ 1,0 0 0,0 0 0 H es,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,0 0 0,0 0 0 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER, THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS 8 PARTICIPATING CITIES 8 THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES 8 VOLUNTEERS ARE ADDITIONAL INSUREDS BUT ONLY AS RESPECTS LIABILTIY ARISING OUT OF OPERATIONS PERFORMED BY THE INSURED WITH REGARD TO HOUSEHOLD HAZARDOUS WASTE PROCRAM. WAIVER OF SUBRO APPLIES TO CITY FT. WORTH CERTIFICATE HOLDER CANCELLATION FTWORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT WORTH, DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN DIRECTOR OF ENVIRONMENTAL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL MANAGEMENT IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1000 THROCKMORTON FORT WORTH TX 76102 REPRESENTATIVES. AUTH ZED REPRESENTATIVE ACORD 25(2001/08) CORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID La DATE(MMIDDIYYYY) HESOK-1 07/22/05_ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICKE Tobias Insurance Group, Inc. HOLDER.THIS CERTIFICXE DOES NOT AMEND,EXTEND OR 9247 N. Meridian 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 NAIC# INSURED INSURER A: Greenwich Insurance Company INSURER B: Zurich American ins. Company Heritage Environmental Services LLC INSURER C: 1840 N. 105 East Avenue INSURER D: Tulsa OK 74116 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lNbK LTR NSR TYPE OF INSURANCE POLICY NUMBER DAUUN POTE MMMOEFFEC DATE POLICYMMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY GEC000304105 06/01/05 06/01/06 PREMISES Eaoccurence) $ 100,000 CLAIMS MADE ®OCCUR MED EXP(Any one person) $5,000 % CONTRACTUAL PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICYFXPROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO ARC000304305 06/01/05 06/01/06 (Es accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) x MCB-90 S % POLLUTION PROPERTY DAMAGE(Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LUIBILITY EACH OCCURRENCE $ 10,000,000 A %I OCCUR O CLAIMSMADE UECO01183603 06/01/05 06/01/06 AGGREGATE $ 10,000,000 $ DEDUCTIBLE $ RETENTION $ $ TA WORKERS COMPENSATION AND % TORY LIMITS ER B EMPLOYER OILITY ANY PROPRIETIETORIPARTNERIEXECUTIVE WC929886305 08/01/05 08/01/06 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,0 0 0,0 0 0 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1 $ 1,0 0 0,0 0 0 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS **SEE ATTACHMENT** CERTIFICATE HOLDER CANCELLATION FORT--6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN FORT WORTH; CITY OF NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL DEPT. OF ENVIRONMENTAL MNGT. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1000 THROCKMORTON FORT WORTH TX 76102 REPRESENTATIVES. AUTH ZED REPRESENTATIVE 1 If. ACORD 25(2001/08) CORD CORPORATION 1988 NOTEPAD: p F OLOER OOCE FORT-6 RESGE-1 PAGE 2 LJ INSURED',SAL14WME Heritage tuvlrQ=enta1 OP L2 U,ATE 07f22f05 THE CI'T'IES OF FORT WORTH, THEN OFFICERS, A{-FINTS, E:7PLOYBES, REPRESENTATIVES, AND VOLUNTEERS AND THE PARTICIPATING CITIES AND THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND VOLUNTEERS, ARE ADDED AS ADDITIONAL INSURES ON THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES BUT ONLY WITH REGARD TO THE OPERATIONS OF THE NAMED INSURED FOR THE LAB PACKAGING, TRANSPORTATION AND DISPOSAL HOUSHOULD HAZARDOUS WASTE. A WAIVER OF SUBROGATION APPLIES TO THE REFERENCED GENERAL LIABILITY, AUTOMOBILE LIABILITY, AND WORKERS COMPENSATION POLICIES. AN MCS-90 ENDORSEMENT IS INCLUDED ON THE AUTOMOBILE LIABILITY POLICY. Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/20/2005 DATE: Tuesday, December 20, 2005 LOG NAME: 52HERITAGE REFERENCE NO.: **C-21212 SUBJECT: Authorize Execution of Contract with Heritage Environmental Services, LLC for Household Hazardous Waste Transportation and Disposal RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a contract with Heritage Environmental Services, LLC, for the transportation and disposal of household hazardous waste for the Environmental Collection Center at a total cost not to exceed $404,500. DISCUSSION: The Environmental Collection Center provides area citizens a convenient place to dispose of household hazardous waste. The Department of Environmental Management 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. The Department of Environmental Management issued a Request for Proposals (RFP) on October 27, 2005 for a contractor to transport and dispose of household hazardous waste collected at the Environmental Collection Center. Proposals were received on November 17, 2005 from five companies. Proposals were evaluated based on a predetermined combination of qualitative and quantitative (point) measures to determine the recommendation for award of the contract. These included evaluation of such factors as: experience/qualifications, cost, performance record, legal record and references. Based on the submittals and a facility site visit, staff is recommending the contract be awarded to Heritage Environmental Services, LLC. This agreement will be for the period January 1, 2006 through December 31, 2006 with three one-year renewal periods at the City's option. Renewal may be effected by notice in writing by the City Manager, or his designated representative, to the contractor within sixty days of the expiration of the prior term and 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. The cost of these services will be paid from the revenues generated by the Environmental Protection Fee. Because of liability concerns and the City's past experience in contracting for these services, a M/WBE policy waiver was granted prior to issuing the RFP. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/13/2006 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the operating budget, as appropriated, of the Environmental Management Fund. TO Fund/Account/Centers FROM Fund/Account/Centers R103 539410 0524103 $404,500.00 Submitted for City Manager's Office bT. Libby Watson (6183) Originating Department Head: Brian Boerner(6647) Additional Information Contact: Kim Mote (5153) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/13/2006