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HomeMy WebLinkAboutContract 51299 �-lla CSC # CONTRACT Between CITY OF FORT WORTH And VE OLIA ES r TECHNICAL SOLUTIONS, LLC For PACKAGING, TRANSPORTATION, DISPOSAL OF HOUSEHOLD HAZARDOUS WASTES PROJECT NO. ENV- 18 - 01: HHW DISPOSAL CODE COMPLIANCE DEPARTMENT F ENVIRONMENTAL QUALITY DIVISION SEPTEMBER 2018 c c�s�c OFFICIAL RECORD CITY SECRETARY FT,WORTHS TX STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS COUNTY OF TARRANT § ANNUAL CONTRACT FOR PACKAGING, TRANSPORTATION, AND DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE ENV 18-01: HHW DISPOSAL This Contract is entered into by and between the City of Fort Worth ("City"), a home-rule municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas, acting through Valerie Washington, its duly authorized Assistant City Manager, and Veolia ES Technical Solutions, LLC, by James Harrison, its duly authorized Branch Manager. City and Contractor may be referred to herein individually as a Party, or collectively as the Parties. In consideration of the mutual promises and benefits of this Agreement, the City and the Contractor agree as follows: 1. DEFINITIONS q� means the City of Fort Worth. Change Order means an officially authorized and executed written modification or amendment to this contract or to a Task Order, issued by the City. Contract Documents shall consist of the written, printed, typed and drawn instruments which comprise and govern the performance of the work. Said Contract Documents include, but are not limited to this contract, all bid documents, the Request for Proposals, Invitation to Bid, instructions to bidders, special instructions to bidders, addenda to the notice to bidders, proposal, plans, specifications, maps, blueprints, notice of award, general conditions, special conditions, supplementary conditions, general provisions, special provisions, work order(s), change orders, any contract amendments and the payment, performance and maintenance bonds, or other such similar documents. The Contract Documents shall also include any and all supplemental agreements approved by the Owner which may be necessary to complete the work in accordance with the intent of the plans and specifications in an acceptable manner, and shall also include the additional instruments bound herewith. Contractor means Veolia ES Technical Solutions, LLC. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 1 of 39 Deliverable Document means a report, manifest, or an invoice that shows the completion of a task; ECC means the City of Fort Worth, facility located at 6400 Bridge Street, Fort Worth, Texas, known as the Environmental Collection Center; Environmental Requirements shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. Hazardous Waste is defined as any solid waste listed as hazardous or that possesses one or more hazardous characteristics as defined in federal waste regulations (40 CFR §261). Household Hazardous Waste is defined as any solid waste generated in a household by a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1) would be classified as a hazardous waste under 40 CFR Part 261, and which , when aggregated, must be handled as hazardous waste. 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; Profile Sheet means a standard generator's Waste Profile Sheet executed by City. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 2 of 39 Protect Manager means the City of employee designated by the Assistant Director to manage work required by this Agreement; RFP means the City's Request for Proposals entitled ENV 18-01: HHW DISPOSAL Services means analytical, collection, management, treatment, remediation, transportation, disposal and recycling services and such other services which Veolia may perform from time to time with respect to City's waste materials. 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. Special Waste is a waste that requires special handling, trained people, and/or special disposal methods. A waste may be a special waste because of its quantity, concentration, or physical, chemical, or biological characteristics. Special waste is defined in 30 TAC 330.3(148) and described further in 330.171 and 330.173. Examples of special waste include: • Class 1 nonhazardous industrial waste • Untreated medical waste • Hazardous waste from conditionally exempt small-quantity generators • Municipal and domestic water and wastewater treatment plant sludges • Septic tank pumpings • Grease and grit trap wastes • Slaughterhouse wastes • Dead animals • Drugs, contaminated foods, or contaminated beverages (other than those contained in normal household waste) • Pesticide containers Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 3 of 39 • Discarded materials containing asbestos • Incinerator ash • Contaminated soils • Waste from oil, gas, and geothermal activities subject to regulation by the Railroad Commission of Texas when those wastes are to be processed, treated, or disposed of at a MSW facility • Certain wastes generated outside the boundaries of Texas • Other wastes that may be special wastes in some cases (for example, sorbent materials, blast media, diseased plants) 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 or Task Order means a letter sent to the Contractor via facsimile transmission or by email by the City to the Contractor, specifying work to be done by Contractor pursuant to the terms of this contract. 2. SCOPE OF CONTRACTOR'S SERVICES Contractor hereby agrees to perform as an independent contractor the services set forth in the Scope of Work attached hereto as Attachment "A". 3. COMPENSATION Section 1. Fee Schedule. City agrees to pay Contractor for its services on a unit price basis as delineated in the Contractor's Response to the RFP included herein as Attachment B. City and Contractor agree that the total cost of this Agreement shall not exceed Four Hundred Fifty-Five Thousand Dollars ($455,000). There is no guarantee of a minimum amount of work or compensation to be awarded under this contract. City shall not pay for any work performed by Contractor or its subcontractors, and/or suppliers that has not been specifically ordered by the City in writing by Task Order or Work Assignment pursuant to the terms of this contract or duly authorized modification. Contractor shall not be compensated for any work that is verbally ordered by any person and shall rely only upon written authorization to conduct work. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 4 of 39 City and Contractor agree to the unit prices, employee labor rates, and other costs as specified in this contract. Contractor shall be compensated in accordance with the Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". Section 2. Release Upon Payment Acceptance by Contractor of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Section 3. Invoice and Payment. Contractor's invoices must contain the following information: • unit and total prices for transportation, disposal and recycling plus any charges for supplies, equipment, and purchased services if such are required; and • the total cost of all work assignments to date and the amount remaining in the Agreement. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Contractor's invoice for payment of same. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. 4. TERM Unless terminated pursuant to the terms herein, this contract shall commence on the date the contract is fully executed by all parties unless otherwise stipulated in the Notice of Award Letter, and contingent upon the completion and submittal of all required pre- award documents; and shall continue-for a period of twelve (12) months. However the term of this contract may be extended by the duly authorized written agreement for up to four (4) additional twelve (12) month periods for a total of sixty (60) months. The contract prices resultant from this solicitation shall prevail for the full duration of the initial contract term. For subsequent renewals all conditions, terms, and pricing shall remain the same as stated in the original contract unless otherwise agreed upon in writing by both parties and as stipulated in the M&C. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 5 of 39 5. INDEPENDENT CONTRACTOR Contractor shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Contractor. 6. INDEMNIFICATION A. Definitions. The following words and phrases shall be defined as follows: 1. "Environmental Damages" shall mean all damages, losses, diminished values, claims, judgments, penalties, fines, liabilities, encumbrances, liens, costs, expenses of investigation, and the defense of any claim, whether or not such claim is ultimately defeated, results in a judgment or order of any kind, or is resolved by any good faith settlement, and of whatever kind or nature, direct or indirect, tangible or intangible, compensatory, exemplary, or punitive, economic or non-economic, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, to the City and any third parties, including without limitation reasonable attorney's and consultant's fees, any of the foregoing which are incurred as a result the Contractor's work, or due to negligence, or arising from a violation of any Environmental Requirements, or arising from strict liability, or an intentional tort, and whether any of the foregoing are attributable to the Contractor, a Subcontractor, a vendor, employee, agent, successor, or assignee, , and including by way of example but not limited to: a. Damages for personal injury or death, pain and suffering, mental or emotional distress, injury to property of any kind or to natural resources, environmental contamination, or the loss of use or value of property; b. Fees incurred for the services of attorneys, consultants, engineers, contractors, experts, laboratories, and investigators related to any studies, cleanup, remediation, removal, response, abatement, containment, closure, restoration, monitoring work, civil or criminal defense, or the recovery of any other costs; and Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 6 of 39 c. Liability, claims, or judgments to any third persons or governmental agencies in connection with the items referenced herein. d. Fines, penalties, costs, agreed orders, or settlements to any federal, state, or local government for violations of environmental laws, permits, standards, or regulations. 2. "Environmental Requirements" shall mean the allowable or permissible levels, concentrations, or amounts of materials; all applicable present and future statutes, regulations, rules, permits, plans, or authorizations of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof; and all applicable judicial, administrative, and regulatory decrees, judgments, and orders; and all common law causes of action; all of the above relating to the protection of human health or the environment and being inclusive of, but not limited to: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, facilities, sites, operations, emissions, discharges, releases, or threatened releases of wastes, substances, materials, pollutants, contaminants, hazardous wastes, petroleum products, toxic substances, materials, or other any other regulated or harmful substances whether solid, liquid, or gaseous into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of elements, compounds, materials, substances, pollutants, contaminants, or hazardous or toxic materials, substances, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, facilities, sites, operations, emissions, discharges, releases, or threatened releases of radioactive materials or radiation or electromagnetic fields. c. All requirements pertaining to the protection of the environment, natural resources, the health and safety of employees or the public; and d. Citizen suits authorized by any federal or state law; and e. All common law causes of action related to health, safety, natural resources, and the environment. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 7 of 39 B. Environmental Indemnification. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND, THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL: 1) ENVIRONMENTAL DAMAGES, AS DEFINED HEREIN, THAT ARE RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING STRICT LIABILITY) AND 2) VIOLATIONS, ALLEGED VIOLATIONS, SUITS, OR CLAIMS RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING STRICT LIABILITY). C. General Indemnification. CONTRACTOR AGREES TO INDEMNIFY, RELEASE, HOLD HARMLESS, REIMBURSE, AND DEFEND, THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION THAT ARISE FROM OR RELATE TO OPERATIONS UNDER THIS AGREEMENT WHETHER SUCH ARE CAUSED BY ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, SUCCESSORS, ASSIGNS, AND WHETHER ARISING FROM NEGLIGENCE, INTENTIONAL TORT, VIOLATION OF A LAW OR OF A DUTY TRIGGERING STRICT LIABILITY, OR BY THE INFRINGEMENT OF ANY PERSON'S PROPERTY, LEGAL, OR CONSTITUTIONAL RIGHT. D. The obligations of the Contractor related to this general and environmental indemnification shall include, but not be limited to, the burden and expense of reimbursing the City for all fees and costs for defending all claims, suits, and administrative proceedings, even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, settlements, penalties or other sums due against such indemnified persons. E. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, contractor shall provide City with timely notice of same. F. The obligations of the Contractor related to this indemnification shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. G. Neither party shall be liable to the other for consequential damages, including loss of use or lost profits. Notwithstanding anything to the contrary in this Agreement, if the City directs Contractor to use a third party disposal site or facility, Contractor's aggregate liability arising out of services provided hereunder Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 8 of 39 shall not exceed the greater of the aggregate fees paid in any calendar year hereunder or one million dollars ($1,000,000). If Contractor provides transportation services, or storage,treatment and/or disposal services at Contractor's locations, or locations which have been chosen at the sole discretion of Contractor, such services shall be expressly excluded from this provision,and the foregoing limitation shall not apply. 7. INSURANCE The Contractor certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commencing work, the Contractor shall deliver to City, certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. A. Insurance coverage and limits: 1. Commercial General Liability Insurance $1,000,000 each occurrence; $2,000,000 aggregate 2. Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage. The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 3. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee 4. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 in aggregate and per occurrence. EIL coverage(s) must be included in policies listed in subsection 1 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). 5. NOTE: BETWEEN 1 AND 5 ABOVE, ANY POLLUTION EXPOSURE, INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY, ASSOCIATED WITH THE SERVICES AND OPERATIONS PERFORMED UNDER THIS CONTRACT Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 9 of 39 SHALL BE COVERED; IN ADDITION TO SUDDEN AND ACCIDENTAL CONTAMINATION OR POLLUTION, LIABILITY FOR GRADUAL RELEASES, SPILLS, OR EMISSIONS AND ALL CLEAN-UP COSTS SHALL BE COVERED. B. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the Contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers as respects the Contracted services. . 2. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to Department of Financial Management Services - Risk Management Division, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be reasonably acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. 8. The Contractor shall provide the City with a current certificate of insurance, including any endorsements, evidencing the types and levels of coverage as agreed to in this Contract. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 10 of 39 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 11. All insurance required above shall be written on an occurrence basis in order to be approved by the City. 12. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. 8. BONDS A. Payment and Performance Bonds. Before beginning the work on any Public Works Contract as defined in TX. Loc. Gov't. Code Section 2253, the Contractor shall be required to execute to the City of Fort Worth, a payment bond if the contract is in excess of $25,000, and a performance bond if the contract is in excess of $100,000. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Contract. The performance bond is solely for the protection of the City of Fort Worth; in 100% the amount of the Contract; and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award. B. Requirements for Sureties. The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 11 of 39 reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. 9. WARRANTY Contractor shall perform and warrant that all work and work products shall conform to that degree of skill, care, quality, and diligence as provided by other highly competent providers and practitioners in the state of Texas, under similar circumstances, and taking into consideration the contemporary state of the art in the field. Approvals or payments by the City or another entity shall not constitute or be deemed to be a release of the responsibility and liability of Contractor or its officers, agents, employees, contractors and subcontractors for the adequacy and competency of its services performed hereunder. 10. DEFAULT AND TERMINATION A. Contractor shall not be deemed to be in default because of any failure to perform in a timely manner under this contract, if the failure arises from acts of God, acts of the public enemy, fires, epidemics, quarantine restrictions, labor strikes, freight embargoes, and unusually severe weather, except however that Contractor shall take all reasonable measures to mitigate any delays and costs. The City in all circumstances reserves the right to obtain performance of the services anticipated by this contract from another Contractor at its sole discretion for any reason and such an act will not be deemed to be a breach by the City. 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. 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 contract, 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. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 12 of 39 D. Alternatively, if at any time during the term of this contract the work of Contractor fails to meet the specifications of the contract documents, City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this contract to the satisfaction of City within ten (10) days after written notification shall result in termination of this contract. All costs and attorney's fees incurred by City in the enforcement of any provision of this contract shall be paid by Contractor. E. City may terminate this Contract with or without cause upon 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. Contractor may terminate this Contract for its convenience and without penalty by providing the City with a 180-day prior written notice. F. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. 11. LICENSES AND PERMITS Contractor certifies and warrants that on the day any work is to commence under this contract and during the duration of the contract it shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this contract, that such subcontractor shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. 12. OBSERVE AND COMPLY Contractor shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. 13. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 13 of 39 MODIFICATION No amendment or modification of this Contract shall be binding on the Contractor or the City unless set out in writing and signed by both parties. No amendment or modification shall be binding upon the City unless signed by the City Manager or an Assistant City Manager of the City of Fort Worth. Any changes to the scope of work or compensation must be in the form of a written, formal, authorized modification of this contract that is in accordance with all applicable state and city laws, regulations, and ordinances. In no event shall any verbal authorization changing the scope of work or verbal agreements for additional compensation be binding upon the City. Contractor expressly agrees a) not to make changes to its legal, financial, or logistical position on any matter based on any oral representation by an employee, contractor, or agent of the City prior to obtaining a written modification to this contract; b) that it waives any claim based upon reliance or estoppel as a result of acting or not acting due to an alleged oral change to a material term of this contract from the City, its employees, contractors, or agents; and c) that it waives any claim for compensation for work performed based upon an alleged oral change to a material term of this contract from the City, its employees, or agents. 14. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. 15. MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 20020, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Contractor acknowledges that a M/WBE goal of 18% has been established for this Agreement and that the Contractor has exhibited a Good Faith Effort in complying with the MWBE goal, however a zero (0%) percent participation is approved by the MWBE office based on the Good Faith Effort and the lack of viable subcontractors to perform the certain duties as described in the scope of work. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 14 of 39 commission of fraud by the Contractor may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. 16. NON-DISCRIMINATION During the performance of this contract, Contractor shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article III of the Code of the City of Fort Worth. Contractor agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layoff, recall, termination of employment, promotion, demotion, transfer, compensation, employment classification, training and selection for training or any other terms, conditions or privileges of employment. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 17. GOVERNING LAW The City and Contractor agree that the validity and construction of this contract shall be governed by the laws of the State of Texas, except where preempted by federal law. 18. SEVERABILITY The provisions of this contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this contract, and this contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the contract. 19. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 15 of 39 RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 20. VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Contractor affirms that it is subject to the jurisdiction of said Courts and will not contest jurisdiction or venue as specified herein having consented in this agreement with full prior knowledge as to forum. 21. NOTICES Any notices, bills, invoices or reports required by this contract shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the City: Robert Smouse, Assistant Director Code Compliance Department City of Fort Worth 4100 Columbus Trail Fort Worth, Texas 76133 If to the Contractor: Veolia ES Technical Solutions, LLC Attn: Carson Jarnigan Sales Manager 1800 S. Highway 146 Baytown, TX 77520 Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 16 of 39 22. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the 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. If Contractor desires to subcontract any service(s) to be performed under this contract, Contractor agrees to obtain the City's written acceptance of such subcontractor(s) before allowing any subcontractor(s) to perform designated service or services. Failure of the Contractor to obtain the City's written acceptance of any and all of the Contractor's subcontractors used in the performance of this agreement shall be grounds for automatic termination. In addition, Contractor acknowledges that City may, at City's own discretion, perform on-site audits of all proposed subcontractors' facilities in order to determine acceptability of the Subcontractor(s). 23. NO THIRD-PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 24. CONTRACT CONSTRUCTION The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Contract. 25. ENTIRETY AND CONFLICTS This contract, the Contract Documents, and any other documents incorporated by reference herein are binding upon the parties and contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. In the event of any conflict between this contract and any Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 17 of 39 other Contract Documents, then the terms of this contract (or its most recent duly authorized and executed contract amendment) shall govern. 26. AUTHORITY AND EXECUTION By signing this contract Contractor warrants that it has had the opportunity 1) to examine this contract in its entirety, 2) to have its legal counsel examine and explain the content, terms, requirements, and benefits of this contract if Contractor so chooses, and 3) to negotiate the terms of this contract within the bounds of applicable law. Having had the opportunity to submit its bid and also to specifically negotiate the terms of this contract, Contractor agrees to be bound by this contract and expressly agrees to the terms of this contract, including terms that may vary from those of the Invitation to Bid or the Contractor's proposal. The signatory to this contract represents that he or she is legally authorized by the Contractor to enter into a binding agreement on behalf of the Contractor. 27. PROFILE SHEET City warrants that the Profile Sheet will contain a true and correct description of City's Waste Material and that such Waste Material will conform to this description. If the Waste Material does not conform to the descriptions in the Profile Sheet ("Non- conforming Waste"), Veolia can, at its option, recategorize and dispose of the waste, return the Waste Materials to City, or require City to remove and dispose of the Non- conforming Waste at City's expense, and reimburse Veolia for any reasonable expenses it may have incurred, in accordance with the rates in Attachment B. In the event Veolia performs services on premises owned or controlled by City, City will provide Veolia with a safe workplace, and if Veolia requests that work areas be secured, City will be solely responsible for securing such work areas and for preventing anyone other than the designated personnel from entering the designated work areas. This portion of page left intentionally blank. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 18 of 39 ATTACHMENT A. SCOPE OF WORK PART 1 SCOPE OF CONTRACTOR'S SERVICES Contractor shall perform in a good and professional manner the services listed in this contract, and those identified in the City's Request for Proposals ("RFP") ENV 18-01: HHW DISPOSAL as specified in the Contractor's response to the RFP. Such response shall be incorporated as part of this contract as if fully set forth herein. Any conflict between such documents and the main body of this Contract shall be governed by the terms of the main body of this contract. The work required under this contract includes the following tasks: 1. Contractor shall provide all the labor, materials, and equipment necessary for the packaging, transportation, and disposal of City generated hazardous, special and solid waste on an as-needed basis. 2. Contractor shall provide on-site pick-up of waste within seven (7) calendar days of the request from the City. If a request is made after noon then the seven (7) calendar day period shall begin the following business day. City owned roll-off boxes shall not be removed from the City facilities for more than twenty-four (24) hours. 3. Contractor shall collect, package (containerizing), and label hazardous, special and solid waste. 4. Contractor shall dispose, recycle and/or reuse requested materials. 5. Contractor shall perform analysis of wastes for disposal as determined by City, including but not limited to Haz-Cat Field Analysis. 6. Contractor shall provide transportation services for hazardous, special and solid waste to disposal or recycling facilities on an as needed basis. 7. Contractor shall dispose of hazardous and other regulated waste. Disposal includes, but is not limited to incineration, treatment and landfilling. 8. Contractor shall provide roll-off boxes and box transportation for disposal on an as needed basis as determined by City. 9. Contractor's handling instructions and chain-of-custody protocols shall be in accordance with all federal and state statutes and regulations for laboratory methods and quality assurance. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 19 of 39 10. If Contractor collects a sample of hazardous, special and/or solid waste during the performance of the contract at the direction of City, Contractor shall provide the sample to City at the time of collection. 11.Contractor shall provide all paperwork and documentation needed to complete waste shipments. 12.Contractor shall provide invoices per shipment date that clearly identify shipment address, shipment date, manifest(s) number, type of waste, quantity of each type of waste. 13.Contractor shall provide City with fully executed copies of waste manifests within thirty-five (35) calendar days of pick-up of waste shipments. 14.Contractor shall provide City with certificates of disposal within 60 calendar days of actual disposal of the waste, however, if the waste is a special waste, Contractor shall provide the certificates of disposal within 120 calendar days of after actual disposal. The City does not give implied or express consent to hold or store any waste in a manner that may cause a violation of law or otherwise a hazard to human health or the environment. 15.Contractor shall provide quarterly "waste" shipment/handling/disposal summaries within fifteen (15) calendar days of the close of the calendar quarter (i.e., due on April 15, July 15, October 15 and January 15). 16.Contractor certifies that it has and will maintain during the term of this contract, current and appropriate federal, state, and local licenses and permits to perform this contract. In addition, Contractor agrees to require any of its subcontractors used to perform this contract to have and maintain current and appropriate federal, state and local licenses and permits to perform the duties prescribed in this contract. 17.Contractor shall provide a minimum of one (1) field technician for shipments containing less than ten (10) containers and a minimum of two (2) field technicians for shipments greater than ten (10) containers and provide a single point of contact for shipment and rescheduling. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 20 of 39 PART 2 SCOPE OF CITY SERVICES City agrees to perform the following services: 1. City shall designate a City representative to provide timely direction to the Contractor, render City decisions and to accompany Contractor on waste disposal projects; 2. City shall coordinate with City facilities, City departments, and any tenants; 3. City shall provide material safety sheets (MSDS's) and process information on wastes for disposal, recycling and/or reuse; 4. City shall provide timely written notice to Contractor of waste disposal projects, detailing the location(s), type of work and other pertinent information; and 5. City shall provide the required regulatory information for manifest and shipping paper information. This portion of page left intentionally blank. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 21 of 39 ATTACHMENT B FEE SCHEDULE Prices for services rendered under this contract will be compensated as specified in the tables below. These prices include all labor, material, equipment, and supplies to perform the service. Prices provided for waste disposal are "turn-key" prices and include preparation of required shipping documentation, loading, labeling, transportation, all additional fees, and disposal costs (no additional costs, such as fuel surcharges or mileage are to be attached to the unit price at invoicing). The total compensation for services under this contract shall not exceed four hundred fifty-five thousand dollars ($455,000) in any annual term. THERE IS NO GUARANTEE OF ANY MINIMUM QUANTITY OF WORK UNDER THIS CONTRACT. The City will not be liable for any Contractor costs in excess of the not-to-exceed amount unless City has signed and duly issued a formal amendment or modification to the Agreement consistent with the requirements of the Fort Worth City Charter and Code. This portion of page left intentionally blank. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 22 of 39 HHW - TABLE OF COSTS Table 2.6.1.Prices for disposal of Household Hazardous Waste packed in pails,drums,boxes,or pallets. --- - Total Price HHW-Waste Description Units (Including Tmnsportati+on 1. RCRA Incineration Lab-Packs 55-8 $ 300.00 2. RCRA Incineration Loose-Packs(Flammable) SS-g $ 185.00 3. RCRA Incineration Loose-Packs(Flammable) YD3 Box $ 495.00 4. RCRA Incineration(Pesticides/Herbicides)Liquids 55-g $ 185.00 5. RCRA Incineration(Pesticides/Herbicides)liquids YDa Box $ 495.00 6. RCRA Incineration(Pesticides/Herbicides)Solids 55-g $ 185.00 7. RCRA incineration(Pesticides/Herbicides)Solids YD3 Box $ 495.00 8. Fuel Blending Liquids 55-g $ 75.00 9. Fuel Blending Liquids 95-g $ 85.00 10. Fuel Blending Solids 55-g $ 185.00 11. Fuel Blending Solids YD3 Box $ 495.00 12. RCRA Landfill SS-8 S 185.00 13, Class I Non-Hazardous Landfill 55-g $ 70.00 14. Class I Non-Hazardous Landfill YD3 Box $ 295.00 15. Treatment Acids/Bases(Solids) 55-g $ 185.00 16, Treatment Acids/Bases(Solids) 30-g $ 185.00 17. Treatment Acids/Bases(Bulk Liquid) 55-g $ 185.00 18. Treatment Acids/Bases(Bulk Liquid) 30-g $ 185.00 19. Treatment for Oxidizers 55-g $ 300.00 20. Treatment for Oxidizers 30-g $ 275.00 21. Dangerous When Wet Classified Waste 5-g $ 75.00 22. Elemental Mercury(Recycling) Per# $ 35.00 23. Mercury Debris Per# $ 4.25 24. Ammunition/Gunpowder/Explosives 10-g $ CDC- 25. Recyclable Batteries(NIMH and Ni-CAD) 55-g $ 185.00 "All"plosives have to W evaluated on a Case By Case Basis Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 23 of 39 Total Price Waste Description Units (including Trans ottation 26. Batteries for Disposal Inon-recyclable) 55-g $ I85.00 27. Compressed Flammable Gas Cylinders 10# $ 35-00 28. Compressed Flammable Gas Cylinders 20# $ 60.00 29, Compressed Flammable Gas Cylinders 30# $ 60.00 30. Compressed Pesticide Cylinders size;<4"x< 10# $ 290.00 31. Compressed Pesticide Cylinders 20# S 450.00 32. Compressed Pesticide Cylinders 30# $ 605.00 33. RCRA Empty Drums 55-g $ 25.00 34. Recyclable Latex Paint 55-g $ 100-00 35. Recyclable latex Paint YD3 Box $ 275.00 36, Non-Recyclable Paint(Incineration,1-90%Solid) 55-g $ 75.00 37, Non-Recyclable Paint(Incineration,1-90%Solid) YD3 Bax $ 495.00 38. Aerosol Cans 55-g $ 150.00 39. Aerosol Cans YD3 Box S 495.00 40. Asbestos(Friable) 55-g $ 110.00 41, Picric Acid 5-g $ 65.00 42. Cyanide 55-g $ 300.00 Services Units Total Price 43. Onsite Haz-Cat Analysis Each Test $ 20.00 44. Labor for Lab Packaging 30-g $ 25.00 45. Labor for Lab Packaging 55-g $ 25.00 46. Labor Over-Packaging 30-g S 25.00 47. Labor Over-Packaging 55-g $ 25.00 48. Labor for Staff Assistance During HHW Event Hour $ 38.00 Transportation-Related Items Total Price 49. 2-Hour Demurrage $ 65.00 50. Stop Fee(if applicable for Less than full Truckload) $ 100.00 Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 24 of 39 rn M w ZU 0 t7 U JSa LON z z z ° z, z Q) CL« m a°ke a a a 4 2 a a a .. N d c as m as m m m m m m d Lu VA wi w a a a w aa m w LTJ 66 116. 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O ~ r N M N cc O N 0 > z § R z « n \ CY) E § § k � ox & 7 z 7 2 ■ � § § $ $ 2 � . \ � J @ 2 E k/ f ƒ / - � \_ 0 0 ® - 2 _ k 7 $ $ $ o c » k E E ® £ © QA � U 0 CL uj LA a @ k 2 7 7 2 ƒ 2 2 62 _ � 2 m � k � m M � k7 \ - § k § CL ) § C k 0 CL o 2 co o co w � 0 co co e3aa0. R $ Ln S § 06 S § k $ w � 2 � 0 Table 2.6.3:Prices for bulk disposal of solids In roll-off boxes. Disposal Method Material Description Cost per Cubic yard(transportation Company od Waste (Landfill,Incinerate, casts included) Code Reuse,Recycle) 111,Class 1 Non-Hazardous $17500,10 tonfyard minimum NHSOL LANDFILL Solids(rall-off) 112.Class 2 non-Hazardous Solids(roll-off) $150.00, 10 ton/yard minimum NHSOL LANDFILL 113.1-lazardous Solids— $700.00,10 twVyard minimum INCIN INCINERATION Benzene(roll-off) 114.Hazardous Solids—Lead 34.10.00,10 ton+yard minimum. LFSTABfMCRO LANDFILL (roll-off) Table MA:Prices for bulk disposal of liquids. Cost per Gallon(disposal only: Company Waste Disposal Method Material Descriptlon Transportation via Vacuum Truck (Landfill,Incinerate, line item) Cade Reuse,Recycle) M.Class 1 Non-Hazardous S®SSfgallon,2,000 gal minimum NIILIQ LANDFILL Liquid 116.0ass 2 Non-Hazardous $Uygallon.2,000 gal minLnum _NHLIQ LANDFILL Liquid 117 Hazardous liquid 51,75fgallon,2,000 gal minimum STABANCIN LANDFILL OR INCINERATION This portion of page left intentionally blank. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 31 of 39 DOT Packaging Container Size(gallons) Container Type 5 14-15 20 30 55 a5 1. 1A2 Steel open top w/ N/A N/A N/A 50.00 30.00 135.00 Bungs(new) 2. Steel open top w/ N/A N/A N/A 50.00 55.00 N/A Bungs(recon) 3. 1A1 N/A N/A N/A 68.00 55.00 N/A Steel closed top(new) 4. Steel closed top N/A N/A N/A 68.00 55.00 N/A (recon) 5. Poly open top(recon) N/A N/A N/A N/A N/A N/A 6. 11-12 9.00 30.00 N/A 50.00 68.00 Poly open top(new) 7. 11-11 9.00 N/A N/A 40.00 40.00 N/A Poly closed top(new) 8. Poly closed top(recon) N/A N/A N/A N/A N/A N/A 9. Screw top pail(DOT)5 9.00 N/A N/A N/A N/A N/A gal. 10. 50#oil absorbent. 10.00 N/A N/A N/A N/A N/A 11. 1G 40.00 15.00 15.00 20.00 50.00 N/A Fiber 12. Cubic yard box with 75.00 liner and pallet (each) 13. Cubic meter box with 75.00 liner 940"x40") 14. 20 yard roll-off liner 55.00 (each) 15. Tarp/cover for 20 yard 135.00 roll-off(each) Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 32 of 39 Table 16.6:Prices for supplies and rentals. supplies Idem Price 126.Vermlculfte(per bag) sto.00 127.Drop fee for Roll-offs and Tanks 51,800,00 (Rentals only) 128,Vacuum truck rental(per hour) 596.00 129,Fleld HAZCAT of unknown material $20.00 pay waak Month. 130.20 yard open top roll-off box rental 512.00 $84.00 $360.00 131.30 yard open top roll-off box rental $12.00 584.E $360.00 132.500 bbl Frac Tank rend $58.00 $406,00 $1,740.00' 'Delivery of a Frac Tank will also mquirc the lbllowft 12'x 50"Berm Rental at$39.00 per day;Motdlizadon and Nmbi1lution; $125.00 pet hour,P'rotoctive Ground Mat:5188.00 ceck. Table L6.7:Hourly Bates for labor. Services per Hiour 133,F41d Technician-hourly rate 547.50 134.Field Chemist-hourly rate W.$O Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 33 of 39 SECTION[2.6-ADDITIONAL PRICING Veoha ES Technical Solutions,LLC Cylinder Pricing LINE TREATMENT PROPOSED ITEM ITEM DESCRIPTION CONTAINER UNIT METHOD TSDF(s) TURNKEY RATE 1.088 Thin-Walled Cylinders for 5 gallon drum Each Incineration VESTS TWI Incineration i $ 125.00 1.087 Thin-Walled Cylinders for 5 gallon drum Each Incineration VES-TS TWl Treatment $ 125.00 1.088 Compressed Gas Cylinder Cyl, Incineration VES-TS TWI Disposal(Lecture Bottles) 3"x12' $ 363.00 1.088 Compressed Gas Cylinder Cyl. See List below Disposal(Lectwe Bottles) 4"x 2#' Liquid Cylinders Class i Cyt. Incineration VESTS TWI (Non-Flammable) $ 112.00 Liquid Cylinders Class 2 Cyl, Incineration VES-TS TWI (Flammable) S 170.00 Liquid Cylinders Class 3 Cyi, Incineration— 70-737W-1 (Poisons) $ 363.00 Liquld Cylinders lass d CYL Incineration 4Coreosivea} 5 308.00 iquid Cylinders Class 5 Inc nerationVIES-Ts (Spectai)) $ 750.00 Liquid y n erslass yl. ncineration VES-T5 TWI (Freons) $ 275.00 Liquid Cylinders 5ass 7 Cyl, Incineration (Alr/Water Reactive or Pyrophorics) 3 585.00 L u in ers Class 8 Cyl, Incineration VES-TS TWI (Toxics) $ 585.00 Liquid Cylinders Mass 9 Cyi. incineration (Oxidizers) $ 585.00 1.090 Compre as y fn er y. e L9t Rm— Disposal(Contractor provide other cytlrxW categories by size and type o1 gam) Group A -Compress up to 4 x yl, Incineration S TM Inert and Calibrations Gases) $ 112.00 Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 34 of 39 vwallaeSTechnical amumons,LLC Cylinder Pricing LINE TREATMENT PROPOSED ITEM ITEM DESCPJPTIOIN CONTAINER UNIT METHOD TSDF(s) TURNKEY RATE up to 16"Dx56"L Cyl. Incineration VES-TS TWI 1112 Ton(30"xST Cyl, Incineration VES-Ts TWI $ 1235.00 Gases,freon,halon) up to 12'Dx3VI- —Cyl. Incineration VES-Ts Twl up to Url)xerL Cr. Incinerat VES-Ts TWI S 1270.00 � 375 To­n(30 52" Cyl. incineratUn—–VE—S-TSTwi 3 1.680-00 Liquilied Gases) up to 112"0401 Cyl. Incineration VESMYN 380.00 up to 16"1346"L Cyl. InMeraiion VES-TS TVVI 515.00 996,00 or ZG"xW) / | Contract for Packaging, Transportation, and Disposal ufHousehold Hazardous Waste Veo|io ES Technical Go|uUuna. LLC Page 35 of 39 VeoHa ES Technical Solutions,LLC Cylinder Pricing LINE TREATMENT PROPOSED ITEM ITEM DESCRIPTION CONTAINER UNIT METHOD TSDF(s) TURNKEY RAT Group 0-Flammable, up to 4"0441 Cyt, Incineration VES-TS TWI Toxic,Liquified gases, Amines.Odorous) 355.00 up to 12"Dx36"L Cyl, todneration VES-TS TWI $ 720.00 up to 16"Dx56"L Cyl. Incineration 'VES-TS TWI $ 1.135.00 up to 20"Dx83"L Cyt. Incineration VES-TS TWI $ 1,270.00 — 112 Ton(30"x52" Cyl. incineration VES-TS TWt or 2("x83") 5 1'00.00 Group E-Oxidizing up to 4'044"L Cyl. Incineration VESTS TWI and/orToxics Gases) $ 308.00 up to 12"Dx36'L Cyl, Incineration VESTS TWI $ 515.00 up to x Cyt Incineration -TS TM $ 720.00 up to 20 3'" y Incineration I $ 930.00 1t2 Ton(39"x52' Cyi, Incineration VE"S TWI or 20"x63) $ 1.070.00 Group F- nosive, up to eDR241 Cyte4 Incineration -VE7:797W Ammonia Gases) $ 24000 up to 1 x y, Incineration VES—TS TM - $ 515.00 up to 1 x y, Incineration b 720.00 up to 20"Dx83'L C y. Incineration VES.TS TWI $ 930.00 112 Ton(30"x52" Cyl. Incineration VESIS TWI or 20"x83"} 3 1,070.00 Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 36 of 39 Veolia ES Technical Soiutlons.LLC Cylinder Pricing LINE TREATMENT PROPOSED ITEM REM DESCRIPTION CONTAINER UNIT METHOD TSDF(s) TURNKEY RAT Group G-Nighty Toxic up to 4`Dx24"L Cyl. Incineration SET Gases $ 585.00 up to 12"DxXv CyL Incineration SET $ 1,135-GOup to 16"Dz58"L Cyl. Incineration SET $ 1,960.00 up to 20"1)43% Cyl, Incineration SET $ 2,440.00 1/2 Ton(3(Y"x52" CyL Incineration SET or 20'x831) $ 3,060.00 Group H-Oxygen up to 4"Dx24"L CA Incineration VES-TS TWI $ 160.00 up to IZ'Dx36"L Cyt. Incineration VEST TWi $ 160.00 up to 16"DxSS L Cyl, Incineration VES-TS TTI $ 160.00 up to 20"0x83"L Cyl, Incineration VES-TS TMA $ 160.00 1/2 Ton{30"x52" Cyl. Incineration VES-TS TWI or 20"43") $ 1,235.00 Group I-Acid Gases up to 4"Dx24"L Cyl. Incineration VESTS TWI $ 205.00 up to 12"DxR L Cyi. Incinerartion -WS--TS TWI S 380.00 up 7b16'Dx56- CO. incirw ion VES-TS TWI $ 515.00 up to WN-831 CA Incineration STWI 3 985.00 1 on( ncineration VES-TS TWI or 20"x83") $ 1.$80,00 Group J-Acetylene up to "L Cyt Incineration $ 205,00 up to 127040V cy, IncIneration V9S.TS $ 360.00 up to 16"Dx56L cyl. IncinerationVE!5-TSr TWI 3 515.00 Up b x y, nclneraW t $ 996.00 onx nclneration VET-79 M or 20"x83") $ 1,560.00 Group K-Evaluate and up to Cyt. Incineration VF-3-TS Ship $ 750.00 Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 37 of 39 Veolia ES Technical Solutions,LLC Cyitder Prlc#ng LINE TREATMENT PROPOSED ITEM ITEM DESCRIPTION CONTAINER UNIT METHOD TSDF(s) TURNKEY RATE up to 12' 36"L Cyt Incineration VES-TS TWI S 1.400.00 up to 18"OxS(rL Cyl. Incineration VESTS TWI $ 11960.00 up to 20"0x83% Cyi, Incineration VES-TS TWI 3 2.440.00 112 Ton(30"x52" Cyl. Incineration VES-TS TWI or 20"x83") $ 3060.00 DEACTIVATED AIRBAGS;$2.351LB;$75.00 MINIMUM PER CONTAINER TRAINING:VEOLIA OFFERS RCRA,HAZWOPER AND DOT TRAINING. PRICING FOR TRAINING VARIES AND IS CONTINGENT ON THE CLASS SIZE,HOURS REQUIRED AND SUBJECTS COVERED. WE WILL BE HAPPY TO DISCUSS PRICING WHEN PROVIDES ADDITIONAL DETAILS. VEOLIA DOES NOT PROVIDE A STANDARD PRICE LIST. PROJECTS ARE EVALUATED AT THE TIME THEY ARE PRESENTED. Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste Veolia ES Technical Solutions, LLC Page 38 of 39 ANNUAL CONTRACT FOR PACKAGING, TRANSPORTATION, AND DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE ENV 18-01: HHW DISPOSAL IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH CONTRACTOR VEOLIA ES TECHNICAL SOLUTIONS, L.L.C. BY: BY: Valerie Washington James arrison Assistant City Manager General Manager Date Signed: Date Signed: ri-1 1-10 0& RECOMMENDED: WITNESS: Cody lKottenburg EnviroiVhental Program Manager APPROVED AS TO FORM AN LEGALITY: _ c tv , k' � Christa opez-Re olds V-OR.7 Senior Assistant Citv Attorn p ATT ST: U _ Mary J. ser, XAS City Secretary CITY OF FORT WORTH, CONTRACT COMPLIANCE MANAGER By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting re qui nts. X X Aar... Date Signed: Rex Johnson M & C # C- -44C Supervisor X� Form 1245: x018-3�'lu1 OFFICIAL RECORD CITY SECRETARY Contract for Packaging, Transportation, and Disposal of Household Hazardous Waste FT'.WORTH,TX Veolia ES Technical Solutions, LLC age M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT_�11 COUNCIL ACTION: Approved on 8/28/2018 DATE: 8/28/2018 REFERENCE ,C-28819 LOG NAME: 23Household Hazardous Waste NO.: — — CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Contract with Veolia ES Technical Solutions, LLS, in the Amount Not to Exceed $455,000.00 for Transportation, Disposal and Recycling of Household Hazardous Wastes (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Veolia ES Technical Solutions, LLS, in the amount not to exceed $455,00.00 for the transportation, disposal and recycling of household hazardous wastes for a term of one-year with the option to renew for five additional terms of one-year each. DISCUSSION: A Request for Proposals (RFP) for the transportation, disposal, and recycling of household hazardous wastes for the Environmental Collection Center (ECC) was posted on May 4, 2018 and advertised in the Fort Worth Star-Telegram on May 9, 16, 23, and 30, 2018. Proposals were received on June 7, 2018 and then evaluated and scored based on a pre-determined criteria to provide the best value for the City. The criteria included, but were not limited to, cost, experience, and qualifications. Based on the total overall scores and negotiations, Veolia ES Technical Solutions, LLS, is recommended to provide household hazardous waste transportation, disposal and recycling services. Veolia ES Technical Solutions, LLS, also offered the best-value price for the services. The ECC provides area citizens a convenient place to dispose of household hazardous waste. The Code Compliance Department operates the center and packages the waste received for disposal. In order to comply with state and federal laws regarding the transportation and disposal of hazardous materials, the services of a licensed hazardous waste disposal contractor are required. RENEWAL OPTIONS - This contract may be renewed for up to five additional successive one-year terms at the City's option. Renewal may be effective by notice in writing by the City Manager, or his designee, to the contractor within 30 days of the expiration of the prior term. This action does not require specific City Council approval, provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. M/WBE OFFICE - Veolia ES Technical Solutions, LLS, is in compliance with the City's BIDE Ordinance by documenting a Good Faith Effort whereas several subcontracting or supplier opportunities were identified, however the firms contacted did not respond or submit the lowest bids. The City's goal on this project was set at 18% percent. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current Fiscal Year 2018 operating budget of the Solid Waste Fund, and upon adoption of the Fiscal Year 2019 Budget by the City Council, funds in the amount of$400,000.00 will be available in the Fiscal Year 2019 Operating Budget, as appropriated, of the Solid Waste fund and that prior to an expenditure being made, the Department has the responsibility to validate the availability of funds. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26201&councildate=8/28/2018 9/13/2018 M&C Review Page 2 of 2 TO Fund Department Account Project Program Activity Budget Reference# I Amount ID ID Year (Chartfield 2) FROM Fund I Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Brandon Bennett (6345) Additional Information Contact: Cody Whittenburg (5455) ATTACHMENTS Form 1295 Certificate 100401788-CITY OF FORT WORTH HHW BID ENV 18-01 (2).pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26201&councildate=8/28/2018 9/13/2018 0'- nRa CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entitys place Certificate Number of business. 12018-387477 VEOLIA ES TECHNICAL SOLUTIONS LLC BAYTOWN,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08102/2018 being filed. 9 / CITY OF FORT WORTH Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. ENV 18-01 HHW DISPOSAL Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is �IC'�lEJQy and my date of birth is r �7 Myaddressis �� N''r'y �yG �4y7o�y� "7� 77"y?O CAsS✓� (street) (dty) (state) (Zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in 1Awi- County, State of T4�I�� on the a2 day of AL9,120 �8 . (L nth) (year) Sign of authorized aqKt of contracting business entity ( arant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on behalf of the City of Fort Worth_ CONTRACTOR Veolia ES Technical Solutions, LLC By: s 1�-- Name: Title: Date: 5- i-2 o 19, STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared K -0. known tome to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Veolia for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this l k day of bei , 20 1 Notary Public in and for the ate o Texas rA rr:ey�<% KRYSTAL MARIIDUGAJS My Notary ID#Expires Juy VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State or Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-Resident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law.A copy of the Statute is attached. Non-resident vendors in (give State), our principle place of business, are not required to underbid resident bidders. B. Our principle place of business or corporate office(s) is in the State of Texas. Bidder: Veolia ES Technical Solutions, LLC JArnca y H40-asolyi By: (Please Print) d=== !Z: 9::L Si ature Ca,— M Title (Please Print) A ® DATE/2018 /YYYY) CERTIFICATE OF LIABILITY INSURANCE o7/31/2o1e THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA,Inc. NAME: 540 W.Madison Street PHO N Ext), A!C N­ Chicago, Chicago,IL 60661 E-MAIL Attn:VedtXx ia.CertRequest@marsh. n Fax:212-948-5053 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC 0 INSURER A:ACE American Insurance Company 22667 INSURED VeoGa ES Technical Solutions,LLC INSURER B:ACE Fire Underwriters Insurance Company 20702 1800 South Highway 146 INSURER C:NIA WA Baytown,TX 77520 INSURER D:Lloyd's Syndicates 623/2623 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-009033717-02 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DDIYYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY HDOG27873534 01/01/2018 01101/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTE _ CLAIMS-MADE FX I OCCUR PREMISES Ea occu encs $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- 1:1 F__]JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY ISA H25098353(AOS) 01/01/2018 01101/2019 COMBINED SINGLE LIMIT Ea ccident) $ 1,000,000 a X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION WLR C64624131(ADS) 0 01101/2019X PER OTH- B AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE SCF 064624143(WI)(Retro) 01/01/2018 0110112019 E.L.EACH ACCIDENT $ 1,000,000 OFFiCER/MEMBEREXCLUDED? ❑N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Pollution Legal Liability W1 D4C8170101 01/0112018 0110112019 Per Claim 4,000,000 Claims Made Form F1 SIR$750,000 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:Agreement 46837 City of Fort Worth is included as additional insured where required by written contract but only for liability arising out of the operations of the named insured in regards to general liability and auto liability.A waiver of subrogation is granted as required by written contract but only for liability arising out of the operations of the named insured. CERTIFICATE HOLDER CANCELLATION City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Carol Armour THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukhedee __1vLcLkoouA ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102584993 LOC#: Chicago ACTOR® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA,Inc. Veolia ES Technical Solutions,LLC 1800 South Highway 146 POLICY NUMBER Baytown,TX 77520 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Veoda ES Technical Solutions,L.L.C.has agreed to provide 30 days notice of cancellation of the insurance policies referenced above and 10 days notice in the event of cancellation due to non-payment of premium,Veolia ES Technical Solutions,L.L.C.or its designee will send such notice to the Certificate Holter of this Certificate.Such notice is not a right or obligation within the policies,it does not alter or amend any coverage,it will not extend any policy cancellation date and it will not negate any cancellation of the policy.Failure to provide a copy of such notice to the Certificate Holter shall impose no obligation or liability of any kind upon the insurer or its agents or representatives. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i ADDITIONAL INSURED— DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Veolia North America,Inc. Endorsement Number 1 Policy Symbol Policy Number Policy Perfod EBecOve Date of Endorsement ISA I H25098353 101101J2016 Yo OV0112019 Issued By(Name or Insurance Company) ACE American Insurance Company Wmn the policy number The remainder of Ufa inWmadon is to be c©mp,%W cmly when,tris endotSW*nt:.issued eubseouent m the pMparation or the poky. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s); Any oeE§ in or organization whom you h Ye agreed to include as an additional insured under a writtengntract.provided such contract w,ps_executed prior to the date of lass. A. For a covered"auto,"Who Is insured is amended to include as an`insured,"the persons or organizations named in this endorsement. However,these persons or organizations are an'insured"only for'bodily injury"or'property damage'resulting from acts or omissions of. 1, You. 2. Any of your"employees"or agents. 3. Any person operating a covered'auto'with permission from you,any of your"employees"or agents. S. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Representative DA-91.174c(03/16) Page t of 1 5 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured Veolia North America,Inc. Erdorwment Number 7 Policy Symbol Policy Number Policy Period i=ffective Date of Endorsement ISA I H25098353 01/01/2018 To 01/01/2019 Issued 8y(Name of Inwranoe Company) ACE American Insurance Company Insert the pally number.The ramaindac of the information is to be completed ony when Ws endorsement is issued subsequent to the preparation of the poky. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for Injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE. SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery in a written contract,provided such contract was executed prior to the date of loss, Authorized Representative DA-13115a(06114) Page 1 of 1 1 POLICY NUMBER: HDO G27873534 Endorsement Number: 1 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section ll — Who Is An Insured is amended to S. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for"bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injuryrequired by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; f Required by the contractor agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the Declarations, insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured, CG 20 26 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 1 POLICY NUMBER. HDO G27873534 Endorsement Number: 12 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 Workers'Compensstlon and Polk rru low GLIA NORTH AMERICA,INC. 3 STATE STREET,14TH FLOOR BOSTON MA 02109 wl-n Rwftw C64624131 Wts of Endormns"t 01-01.7018 TO ot-01-2019 01-01-2018 (Nene wwrove Cmiparo ACE AMERICAN INSURANCE COMPANY fillR�bbr JI 4 M110fl ttM WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered by this polity. We wW not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us, This agreement shall not operate direcily or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A VVIRMEN CONTRACT,PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. For the states of CA,UT.TX,refer to state specific endorsements. This endorsernent is not applicable in KY,NH,and NJ. The endorsement does not apply to policas in Missouri where the employer is In the constriction group of code dasai6cetior is,According to Section 287.150{8)of the Missouri statutes,a contractual provision purporting to waive subrogation rights etgalnst public policy and void where one party to the contrad Is an employer In the construction group of code dlassifications. For Kansas,use of this endorsement is bmited by the Kansas Fairness in Privcte Construction Conbad Act(KSA. 16-1601 through 1641307 and any amendments thereto)arhd the Kansas Fairrhess in Public Construction Contrad Act(K.SA 18-1901 through 18.1908 and any amendments thereto).According to the Ada a provision In a contract for private or public construction purporting to waive subrogation rights fol losses or claims covered or paid by 11915ft or wodwre compensation insurance shall be agatnst pudic policy and shall be void and unenforceable except that, subject to ttte Ada, a contract may require waiver of subrogation for bases or claims paid by a consolidated or wrap.up insurance program. ALMwiftd Reprasuntat+ws VMC 00 0313 (11!05) Copyright 1982-13.Natior%W Corr wd on Compensation Workers'Compensation and Employers'Liability Policy amed Insured - Endorsement Number VEOLIA NORTH AMERICA,INC. 53 STATE STREET, 14TH FLOOR Policy Number - BOSTON MA 02109 S mboi:SCF Number, 064624143 Policy Period Effective Date of Endorsement 01-01-2018 TO 01-01-2019 01-01-2418 Issued By(Name of Insurance Company) ACE FIRE UNDERWRITERS INS CO Insenthe pcfiray number,The rema ndar of the information is to be compteted Only when this endorsement is issued sutsequoni to the preparation of the i T WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT_, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. For the states of CA, UT,TX,refer to state specific endorsements, This endorsement is not applicable in KY,NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is in tho construction group of code classifications.According to Section 287.150(6)of the Missouri statutes,a contractual provislon purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications. For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K,S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. Authorized Representative WC 00 03 13 (11105) Copyright 1982-83,National Council on Compensation