HomeMy WebLinkAboutContract 41788 CITY SECRETARY
] CONTRACT NO -
Ci ecre 7ar'�
I
1
Between
CITY OF FORT WORTH
and
VE OLIA ES TECHNICAL
SOLUTIONS, LLC
l For
J
Annual Contract for Transportation, Disposal,
and Packaging of Hazardous, Special, and Solid
Waste
] Project #:
DEM 10-11: HAZ
1
Transportation & Public Works Department
Environmental Services Division
OFFICIAL February 2011 0 CIAL R CORD
ARY
FT. WORTH,TX
M&C Review Page 1 of 2
CITY COUNCIL AGENDA FORT«'ORTII
COUNCIL ACTION: Approved on 1/25/2011
DATE: 1/25/2011 REFERENCE NO.: "C-24690 LOG NAME: 20CITYHW-VEOLIA
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Execution of a Contract with Veolia ES Technical Solutions, LLC, in an
Amount Not to Exceed $150,000.00 per Year for Packaging, Transportation and Disposal
of Hazardous, Special and Solid Waste Generated by the City
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Veolia
ES Technical Solutions, LLC, in an amount not to exceed $150,000.00 per year for packaging,
transportation and disposal of hazardous, special and solid waste generated by the City.
DISCUSSION:
Various City departments use products and/or generate wastes that cannot be disposed of by
traditional solid waste methods. To comply with federal and state requirements regarding such
disposal, the Transportation and Public Works Department, Environmental Services Division requires
the services of a hazardous waste disposal contractor. Materials for disposal under this contract
include, but are not limited to solvents, thinners, paints, pesticides, contaminated automotive fluids,
acids/bases, printer/copier chemicals, and soil or absorbent materials contaminated with spilled
chemicals.
An Invitation to Bid was issued on October 6, 2010 for a contractor to package, transport and dispose
of hazardous, special and solid waste generated by the City. Bids were received on November 4,
2010 from the following companies:
Clean Harbors Environmental Services, Inc.
Envirosolve, Inc.
Green Planet, Inc.
Heritage Environmental Services, LLC
Progressive Environmental Services, Inc. dba Eagle-SWS
PSC Environmental Services, LLC dba Chemical Reclamation Services, LLC
SET Environmental, Inc.
Veolia ES Technical Solutions, LLC
Bids were evaluated based on a predetermined list of criteria with weighted values to determine the
recommendation for award of contract. These measures included cost, qualifications and experience
in providing the required services, quality of services, legal and compliance record, and bidder's past
relationship with the City. Based on the total point distribution of those measures, City staff
recommends award of contract to Veolia ES Technical Solutions, LLC (Veolia). Total expenditures
under this contract will not exceed $150,000.00 per year.
This agreement will commence on the date the contract is fully executed by all parties and will
continue for a period of 12 months. The contract may be extended by subsequent agreement of both
parties for three additional 12 month periods. Renewal may be effected by notice in writing by the City
Manager or his designated representative to the contractor within 30 days of the expiration of the
term and does not require specific City Council approval provided that the City Council has
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14554&councildate=l/25/2011 1/30/2011
MacC Review Page 2 of 2
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
A waiver of the M/WBE requirements was requested by the department and approved by the M/WBE
office because the purchase of services is from sources where subcontracting or supplier
opportunities are negligible.
1 FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Environmental Management Fund.
lTO Fund/Account/Centers FROM Fund/AccounVCenters
R103 539410 0204106 $1.50,0.0__0_.00
l
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating _D_epartm_ent_Head William A. Verkest(7801)
Additional Information Contact: Michael A. Gange (6569)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14554&councildate=1/25/2011 1/30/2011
STATE OF TEXAS §
§ KNOWN ALL BY THESE PRESENTS:
ICOUNTY OF TARRANT §
ICONTRACT FOR SERVICES
This Contract is entered into by and between the City of Fort Worth ("City"), a home-rule
I municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas, acting
through Fernando Costa, its duly authorized Assistant City Manager, and Veolia ES
Technical Solutions, LLC, by Skyler Kerby, its duly authorized General Manager. City
I and Contractor may be referred to herein individually as a Party, or collectively as the
Parties.
I In consideration of the mutual promises and benefits of this Agreement, the City and the
Contractor agree as follows:
I ARTICLE 1.
DEFINITIONS
City 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.
IContract 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.
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
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
Veolia ES Technical Solutions, LLC Page 1 of 31
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).
Notice to Proceed means the letter issued by the City that authorizes Contractor to
begin work. It also authorizes future invoices to be paid.
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
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
Veolia ES Technical Solutions, LLC Page 2 of 31
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
• 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.
ARTICLE 2.
SERVICES
Contractor hereby agrees to perform as an independent contractor the services set forth
in the Scope of Work attached hereto as Attachment "A".
ARTICLE 3.
COMPENSATION
Section 1.
Fee Schedule.
City agrees to pay Contractor for its services on a cost basis as delineated in the
Contractor's Response to the ITB included herein as Attachment B. City and Contractor
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Veolia ES Technical Solutions, LLC Page 3 of 31
agree that the total cost of this Agreement shall not exceed One Hundred Fifty
Thousand Dollars ($150,000).
The City ill not be liable for an Contractor costs in excess of the not-to-exceed
Y Y
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.
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.
Section 2. 1
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.
ARTICLE 4.
TERM
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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 three (3) additional twelve (12) month periods for a total of forty-eight (48) 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.
t ARTICLE 5.
INDEPENDENT CONTRACTOR
IContractor shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Contractor shall have exclusive control of and
the exclusive right to control the details of its work to be performed hereunder and all
persons performing same, and shall be solely responsible for the acts and omissions of
its officers, agents, employees, contractors and subcontractors. The doctrine of
respondeat superior shall not apply as between City and Contractor, its officers, agents,
employees, contractors, and subcontractors, and nothing herein shall be construed as
creating a partnership or joint venture between City and Contractor.
ARTICLE 6.
PROFESSIONAL COMPETENCE AND INDEMNIFICATION
IWork performed by Contractor shall comply in all aspects with all applicable local, state
and federal laws and with all applicable rules and regulations promulgated by the local,
I state and national boards, bureaus and agencies. Approvals issued by the City or
another entity shall not constitute or be deemed to be a release of the responsibility and
liability of Contractor or its officers, agents, employees, contractors and subcontractors
for the accuracy and competency of its services performed hereunder, which shall be
performed in accordance with the applicable professional standard of care.
1 In accordance with Texas Local Government Code Section 271.904, the Contractor
` shall indemnify, hold harmless, and defend the City against liability for any damage
caused by or resulting from an act of negligence, intentional tort, intellectual property
I infringement, or failure to pay a subcontractor or supplier committed by the Contractor
or Contractor's agent, contractor under contract, or another entity over which the
Contractor exercises control.
IContractor and its subcontractors and agents shall obtain property/facility owner
permission prior to accessing or entering said property or facility and shall not commit
trespass.
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ARTICLE 7.
INTELLECTUAL PROPERTY
Section 1. '
Rights in data.
The City shall have unlimited rights in all data delivered under this contract, and in all
data first produced in the performance of this contract. Contractor is advised that all '
contract documents and work product may be subject to the Texas Public Information
Act, and the City may be required by law to provide information to a person under this
Act. Contractor agrees to hold harmless the City for releasing any information which the '
City has an obligation to release under the Act.
ARTICLE 8. '
INDEMNIFICATION
Section 1. '
Definitions.
In this paragraph, the following words and phrases shall be defined as follows:
Environmental Damages shall mean all claims, judgments, damages, losses, penalties,
fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of
investigation and defense of any claim, whether or not such claim is ultimately defeated,
and of any good faith settlement of judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unforeseeable, including without
limitation reasonable attorney's fees and disbursements and consultant's fees, any of
which are incurred as a result of the existence of a violation of environmental '
requirements pertaining to work performed under this contract or by the operations of
the Contractor and Subcontractors, and including without limitation:
a. Damages for personal injury and death, or injury to property or natural '
resources;
b. Fees incurred for the services of attorneys, consultants, contractors, experts, '
laboratories and investigation or remediation of the monitoring wells or any
violation of environmental requirements including, but not limited to, the
preparation of any feasibility studies or reports of the performance of any
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
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c. Liability to any third person or governmental agency to indemnify such person
or agency for costs expended in connection with the items referenced in
subparagraph (b) herein.
Environmental requirements shall mean all applicable present and future statutes,
regulations, rules, plans, authorizations, concessions, franchises, and similar items, of
all governmental agencies, departments, commissions, boards, bureaus, or
instrumentalities of the United States, states, and political subdivisions thereof and all
applicable judicial, administrative, and regulatory decrees, judgments, and orders
relating to the protection of human health or the environment, including without
limitation:
a. All requirements, including, but not limited to, those pertaining to reporting,
licensing, emissions, discharges, releases, or threatened releases of
hazardous materials, pollutants, contaminants or hazardous or toxic
substances, materials, or wastes whether solid, liquid, or gaseous in nature,
into the air, surface water, groundwater, stormwater, or land, or relating to the
manufacture, processing, distribution, use, treatment, storage, disposal,
I 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.
ISection 2.
General Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY,
I REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY,
I CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE
TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY,
AND/OR DEATH, OCCURRING AS A CONSEQUENCE OF THE CONTRACTOR'S
I OPERATIONS UNDER THIS AGREEMENT, WHEN SUCH INJURIES, DEATH, OR
DAMAGES ARE CAUSED BY THE INTENTIONAL TORTS OR SOLE NEGLIGENCE
OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS,
i OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS,
i EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY.
ISection 3.
Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL
ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
1 Veolia ES Technical Solutions, LLC Page 7 of 31
ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S
OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL
DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED
BY THE ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS,
EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF
CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND
ANY OTHER PERSON OR ENTITY.
Section 4. '
The obligations of the Contractor under this Article shall include, but not be limited to, '
the burden and expense of defending all claims, suits and administrative proceedings
(with counsel reasonably approved by the City), even if such claims, suits or
proceedings are groundless, false, or fraudulent, and conducting all negotiations of any '
description, and paying and discharging, when and as the same become due, any and
all judgments, penalties or other sums due against such indemnified persons.
Upon learning of a claim, lawsuit, or other liability which Contractor is required
hereunder to indemnify, City shall provide Contractor with reasonable timely notice of
same.
All Contractors under this contract agree that they assume joint and several liability for
any claim by the City or for a third party claim against the City for general or
environmental damages caused by any of the Contractors herein.
The obligations of the Contractor under this paragraph shall survive the expiration or
termination of this Agreement and the discharge of all other obligations owed by the
parties to each other hereunder.
IN ALL OF ITS CONTRACTS WITH SUBCONTRACTORS FOR THE '
PERFORMANCE OF ANY WORK UNDER THIS CONTRACT, CONTRACTOR SHALL
REQUIRE THE SUBCONTRACTORS TO INDEMNIFY THE CITY IN A MANNER '
CONSISTENT WITH THIS SECTION.
In the event that a written claim for damages against Contractor or any of its t
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.
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.
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The City Manager shall not recommend final payment to Contractor if a claim for
I damages is outstanding for a period of six (6) months following the date of the
acceptance of the work performed unless the Contractor submits evidence in writing,
satisfactory to the City Manager, that:
Ia. The claim has been settled and a release has been obtained from the claimant
involved; or
b. Good faith efforts have been made to settle such outstanding claims, and such
good faith efforts have failed.
If condition a above is met at an time within the six 6 month period, the City
O Y O P Y
I 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)
I 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.
IARTICLE 9.
INSURANCE AND BONDS
The Contractor certifies it has, at a minimum, current insurance coverage as detailed
below and will maintain it throughout the term of this Contract. Prior to commencing
work, the Contractor shall deliver to City, certificates documenting this coverage. The
City may elect to have the Contractor submit its entire policy for inspection.
IA. Insurance coverage and limits:
1. Commercial General Liability Insurance
I $1,000,000 each occurrence; $2,000,000 aggregate
2. Professional Liability Insurance
$1,000,000 each occurrence; $1,000,000 aggregate
3. Automobile Liability Insurance
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
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transporting materials collected under the Contract shall be included under this
policy.
4. Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease -policy limit
$100,000 disease -each employee
5. Environmental Impairment Liability EIL) and/or Pollution Liability 4 000 000 in
aggregate and per occurrence. EIL coverage(s) must be included in policies '
listed in subsections 1 and 2 above; or, such insurance shall be provided under
separate policy(s). Liability for damage occurring while loading, unloading and
transporting materials collected under the contract shall be included under the '
Automobile Liability insurance or other policy(s).
6. NOTE: BETWEEN 1 AND 5 ABOVE, ANY POLLUTION EXPOSURE, '
INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY, ASSOCIATED WITH
THE SERVICES AND OPERATIONS PERFORMED UNDER THIS CONTRACT
SHALL BE COVERED; IN ADDITION SUDDEN AND ACCIDENTAL
CONTAMINATION OR POLLUTION LIABILITY FOR GRADUAL EMISSIONS
AND CLEAN-UP COSTS SHALL BE COVERED TO THE LIMITS DESCRIBED
HEREIN.
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 Risk Management
Division, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102.
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7. Insurers for all policies must be authorized to do business in the state of Texas or
be otherwise approved by the City; and, such insurers shall be acceptable to the
City in terms of their financial strength and solvency.
8. Deductible limits, or self-insured retentions, affecting insurance required herein
shall be acceptable to the City in its sole discretion; and, in lieu of traditional
insurance, any alternative coverage maintained through insurance pools or risk
retention groups must be also approved. Dedicated financial resources or Letters
of Credit may also be acceptable to the City.
9. Applicable policies shall each be endorsed with a waiver of subrogation in favor
of the City as respects the Contract.
I 10. The City shall be entitled, upon its request and without incurring expense, to
review the Contractor's insurance policies including endorsements thereto and, at
the City's discretion; the Contractor may be required to provide proof of insurance
Ipremium payments.
11. The Commercial General Liability insurance policy shall have no exclusions by
endorsements unless the City approves such exclusions.
12. The City shall not be responsible for the direct payment of any insurance
premiums required by the contract. It is understood that insurance cost is an
allowable component of Contractor's overhead.
I 13. All insurance required above shall be written on an occurrence basis in order to
be approved by the City.
14. Subcontractors to the Contractor shall be required by the Contractor to maintain
the same or reasonably equivalent insurance coverage as required for the
Contractor. When subcontractors maintain insurance coverage, Contractor shall
provide City with documentation thereof on a certificate of insurance.
Notwithstanding anything to the contrary contained herein, in the event a
subcontractor's insurance coverage is canceled or terminated, such cancellation
or termination shall not constitute a breach by Contractor of the contract.
15. Payment and Performance Bonds. Before beginning the work, the Contractor
shall be required to execute to the City of Fort Worth a payment bond if the
contract is in excess of $25,000 and a performance bond if the contract is in
excess of $100,000. The payment bond is solely for the protection and use of
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
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and performance bonds in the amounts and on the conditions required, within 14
p q
calendar days after Notice of Award. '
16. Requirements for Sureties. The bonds shall be issued by a corporate surety duly
authorized and permitted to do business in the State of Texas that is of sufficient '
financial strength and solvency to the satisfaction of the City. The surety must
meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds
furnished hereunder shall meet the requirements of Chapter 2253 of the Texas '
Government Code, as amended.
In addition, the surety must (1) hold a certificate of authority from the United '
States Secretary of the Treasury to qualify as a surety on obligations permitted or
required under federal law; or (2) have obtained reinsurance for any liability in
excess of $100,000 from a reinsurer that is authorized and admitted as a '
reinsurer in the state of Texas and is the holder of a certificate of authority from
the Untied States Secretary of the Treasury to qualify as a surety on obligations
permitted or required under federal law. Satisfactory proof of any such '
reinsurance shall be provided to the City upon request. The City, in its sole
discretion, will determine the adequacy of the proof required herein.
No sureties will be accepted by the City that are at the time in default or
delinquent on any bonds or which are interested in any litigation against the City.
Should any surety on the Contract be determined unsatisfactory at any time by '
the City, notice will be given to the Contractor to that effect and the Contractor
shall immediately provide a new surety satisfactory to the City.
ARTICLE 10.
LICENSES AND PERMITS
Contractor certifies and warrants that on the day any work is to commence under this '
contract and during the duration of the contract it shall have and maintain all of the
current, valid, and appropriate federal, state, and local licenses and permits necessary '
for the provision of services under this contract.
Contractor also certifies that if it uses any subcontractor in the performance of this '
contract, that such subcontractor shall have and maintain all of the current, valid, and
appropriate federal, state, and local licenses and permits necessary for the provision of
services under this contract.
ARTICLE 11. ,
TRANSFER OR ASSIGNMENT
City and Contractor each bind themselves, and their lawful successors and assigns, to
this Agreement. Contractor has been engaged as a consequence of Contractor's
specific and unique skills; Assignment will only be granted under unusual circumstances
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
Veolia ES Technical Solutions, LLC Page 12 of 31
Iand at the sole discretion of the City. Contractor, its lawful successors and assigns,
shall not assign, sublet or transfer any interest in this Agreement without prior written
Iconsent of the City.
ARTICLE 12.
IRIGHT TO AUDIT
(a) Contractor agrees that the City shall, until the expiration of three (3) years after final
I payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Contractor involving transactions
relating to this Agreement. Contractor agrees that the City shall have access during
Inormal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions
of this section. City shall give Contractor reasonable advance notice of intended
Iaudits.
(b) Contractor further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting contractor agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have access
to and the right to examine any directly pertinent books, documents, papers and
records of such subcontractor, involving transactions to the subcontract, and further,
that City shall have access during normal working hours to all subcontractor
facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this article. City shall give
Contractor and any subcontractor reasonable advance notice of intended audit.
I (c) Contractor and subcontractors agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Contractor for the cost of copies
I at the rate published in the Texas Administrative Code in effect as of the time copying
is performed.
I ARTICLE 13.
MINORITY AND WOMAN BUSINESS ENTERPRISE
(M/WBE) PARTICIPATION
Contractor has been granted an M/WBE waiver for this contract.
ARTICLE 14.
NON-DISCRIMINATION
During the performance of this contract, Contractor shall not discriminate in its
employment practices and shall comply with all applicable provisions of Chapter 17,
Article III of the Code of the City of Fort Worth.
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
1 Veolia ES Technical Solutions, LLC Page 13 of 31
Contractor agrees not to discriminate against any employee or applicant for
employment because of because of age, race, color, religion, sex, disability, national
origin, sexual orientation, transgender, gender identity or gender expression in any
manner involving employment, including the recruitment of applicants for employment,
advertising, hiring, layoff, recall, termination of employment, promotion, demotion,
transfer, compensation, employment classification, training and selection for training or '
any other terms, conditions or privileges of employment.
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of the non-discrimination clause.
Contractor also agrees that in all solicitations or advertisements for employees placed '
by or on behalf of this contract, that Contractor is an equal opportunity employer.
Notices, advertisements, and solicitations placed in accordance with federal law, rule or '
regulation shall be deemed sufficient for the purpose of meeting the requirements of this
section.
ARTICLE 15. '
OBSERVE AND COMPLY
Contractor shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold
harmless City and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation, whether '
it be by itself or its employees.
ARTICLE 16. '
DEFAULT
Contractor shall not be deemed to be in default because of any failure to perform under
this contract if the failure arises solely from causes beyond the control of the Contractor
and without any fault or negligence by the Contractor. Such causes shall include acts of
God, acts of war or terrorism, fires, floods, epidemics, quarantine restrictions, labor strikes,
freight embargoes, and events of unusually severe weather.
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.
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
Veolia ES Technical Solutions, LLC Page 14 of 31
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
I 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
Icosts, and Contractor shall reimburse City for such excess costs without delay.
Alternatively, if at any time during the term of this Agreement the work of Contractor fails to
Imeet the specifications of the Agreement and the Contractor's Response to the ITB, 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
Iwithin ten (10) days after written notification shall result in termination of this Agreement.
All costs and attorneys fees incurred by City in the enforcement of any provision of this
Agreement shall be paid by Contractor and accepted by the City.
The remedies provided for herein are in addition to an other remedies available to City
P Y Y
Ielsewhere in this Agreement.
ARTICLE 17.
TERMINATION
I
City may terminate this contract without cause by giving thirty(30) days prior written notice
Y Y 9 9
to Contractor. In the event of termination, any work in progress will continue to completion
Iunless otherwise specified in the notice of termination. If the City terminates this contract
under this provision, City shall pay Contractor for all services performed prior to the
I termination. Termination shall be without prejudice to any other remedy the City may
have.
I Contractor may terminate this Agreement with or without cause upon ninety(90) days prior
written notice to City.
I All data and completed or partially completed documents and work product prepared
under this contract shall be promptly turned over to the City upon termination of this
contract.
IARTICLE 18.
VENUE AND JURISDICTION
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas — Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
ARTICLE 19.
CONTRACT CONSTRUCTION
1
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
Veolia ES Technical Solutions, LLC Page 15 of 31
The Parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
In the event of any discrepancy between this contract and any other contract
documents, this contract shall prevail and control. '
ARTICLE 20.
HEADINGS
The headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement. '
ARTICLE 21. '
COUNTERPARTS
This Agreement may be executed in one or more counterparts and each counterpart '
shall, for all purposes, be deemed an original, but all such counterparts shall together
constitute but one and the same instrument.
ARTICLE 22.
SEVERABILITY
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof
to any person or circumstance shall ever be held by any court of competent jurisdiction
to be invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of
this Agreement to other persons or circumstances shall not be affected thereby and this '
Agreement shall be construed as if such invalid or unconstitutional portion had never
been contained therein.
ARTICLE 23. '
RIGHTS AND REMEDIES NOT WAIVED
In no event shall the making by the City of any payment to Contractor constitute or be
construed as a waiver by the City of any breach of covenant, or any default which may
then exist, on the part of Contractor, and the making of any such payment by the City
while any such breach or default exists shall in no way impair or prejudice any right or
remedy available to the City with respect to such breach or default. Any waiver by
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.
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
Veolia ES Technical Solutions, LLC Page 16 of 31
All costs and attorneys fees incurred by the City in the enforcement of any provision of this
contract shall be paid by the Contractor.
The remedies provided for herein are in addition to any other remedies available to the
City elsewhere in this contract and by law.
ARTICLE 24.
INOTICES
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
I hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
IIf to the City: City of Fort Worth
Transportation and Public Works Department
Environmental Services Division
Attn: Michael A. Gange
1000 Throckmorton Street
IFort Worth, Texas 76102-6311
If to the Contractor: Veolia ES Technical Solutions, LLC
Attn: Skyler Kerby
General Manager
1800 S. Highway 146
Baytown, TX 77520
IARTICLE 25.
WARRANTY
Contractor warrants that it understands the currently known hazards and suspected
hazards which are presented to persons, property and the environment by the types of
work which are to be performed under this contract.
Contractor further warrants that it will perform all services under this Contract in a safe,
efficient and lawful manner using industry accepted practices, and in full compliance
with all applicable state and federal laws governing its activities and is under no restraint
or order which would prohibit performance of services under this Contract. Approval by
the City shall not constitute or be deemed to be a release of the responsibility and
liability of Contractor, or its officers, agents, employees, or subcontractors, for the
accuracy and competency of their services provided under the Agreement.
ARTICLE 26.
NO THIRD-PARTY BENEFICIARIES
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
Veolia ES Technical Solutions, LLC Page 17 of 31
This Agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of
this Agreement. Each party hereto shall be solely responsible for the fulfillment of its
own contracts or commitments.
ARTICLE 27.
MODIFICATION
No modification of this Agreement shall be binding on Contractor or the City unless set
out in writing and signed by both parties.
ARTICLE 28.
ENTIRETY
This contract, the contract documents, and any other documents incorporated by '
reference herein are binding upon the parties and contain all the terms and conditions
agreed to by the City and Contractor, and no other contracts, oral or otherwise, 1
regarding the subject matter of this contract or any part thereof shall have any validity or
bind any of the parties hereto. In the event of any conflict between this contract and any
other contract documents, then the terms of this contract shall govern.
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1
1
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
Veolia ES Technical Solutions, LLC Page 18 of 31
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 Invitation to Bid ("ITB") DEM 10-11: HAZ as
I specified in the Contractor's response to the ITB. Such response shall be attached as
exhibit A and 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
t the terms of the main body of this contract.
t The work required under this contract includes the following tasks:
I1. Contractor shall provide all the labor, materials, and equipment necessary for the
packaging, transportation, and disposal of City generated hazardous, special and
Isolid 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
I 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,
Iincluding 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 statues and regulations for laboratory
methods and quality assurance.
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
Veolia ES Technical Solutions, LLC Page 19 of 31
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 '
the waste shipments, however, if the waste is a special waste, Contractor shall
provide the certificates of disposal within 120 calendar days of pick-up date.
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 t
for shipment and rescheduling.
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;
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
Veolia ES Technical Solutions, LLC Page 20 of 31 rM
3. City shall provide material safety sheets (MSDS's) and process information on
wastes for disposal, recycling and/or reuse;
I4. 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.
I
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I
I
I
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
Veolia ES Technical Solutions, LLC Page 21 of 31
ATTACHMENT B.
COST OF SERVICES
The following tables identify various types of materials that may require disposal and other
supplies and services that may be required. Contractor shall provide a cost for each item included
on the Tables. If a container size is not applicable please identify as such with "N/A". If a normal
process container size is not identified, please write in the container size. The contractor shall
provide a list and description of the waste disposal codes used for billing and tracking purposes
within the company.
Costs provided for waste disposal shall be "turn-key" costs 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).
Packaging will be limited to lab-packs. The City will present only DOT approved containers for '
shipment of other materials.
If the method of disposal is fuel blending for incinerators please show a price for incineration
with and without fuel blending. If one price is given, the City will assume the price is for
incineration without fuel blending. Fuel Blending and Incineration for and in Cement Kilns
will not be allowed under this contract.
Waste Shipments will be scheduled and responded to within seven (7) calendar days after receipt
of shipment notice. The additional cost for responding within one(1) calendar day after receipt is
No Charge and the additional cost for responding same day after receipt is $ 1,000.00.
In addition to the items listed in the tables:
■ Pricing for cylinders is requested. The majority of cylinders collected from this
contract are abandoned; therefore, there is no standard disposal list. Please include a
listing of the types and of cylinders handled and cylindered materials handled. From
time to time we do receive improperly packaged cylinders, for example, anhydrous
ammonia packaged in a propane cylinder. Please include any explanation for
additional costs to handle this type of waste. '
■ Provide pricing for available training
■ Contractor shall attach their Standard Price List at the end of this section along with '
any applicable discount rate (percentage off standard) that applies to the City of Fort
Worth projects.
This portion of page left intentionally blank.
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
Veolia ES Technical Solutions, LLC Page 22 of 31
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Table 2: Costs for bulk disposal of solids in roll-off boxes.
MECost pw Cubic Yard
(transporbdion costs included)
61. Class 1 Non-Hazardous $150.00 LANDFILLNH LANDFILL
Solids(roll-off)
62. Class 2 non-Hazardous $86.00 LANDFILLNH LANDFILL
Solids(roll-off) '
63. Hazardous Solids— $700.00 INCIN BULK SOLID INCINERATE
Benzene(roll-off) '
64. Hazardous Solids—Lead $390.00 LANDFILL HAZ LANDFILL
(roll-off) STABILIZATION
1
Table 3: Costs for bulk disposal of liquids.
a' aids 9i;,1,.
Cost per Gallon(dis >l only:
Transportatlon v16,Vncuur
Truck line i#eemt :.
65. Class 1 Non-Hazardous $1.60 LANDFILLNH LIQ LANDFILL
Liquid
66. Class 2 Non-Hazardous $1.60 LANDFILLNH LIQ LANDFILL
Liquid '
67. Hazardous Liquid $1.60 LANDFILL HAZ LANDFILL
STABILIZATION
67b. Hazardous Liquid $1.35 INCIN BULK INCINERATE '
LOW BTU LIQ
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Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
Veolia ES Technical Solutions, LLC Page 28 of 31
i
Table 4: Costs for DOT packaging.
I
S 1415 20 3E1 gS 8S
I68. 1 A2
Steel open top w/ $6.25 N/A N/A $46.00 $50.00 $129.00
I Bungs
69. 1 Al N/A N/A N/A $46.00 $50.00 N/A
Steel closed top
I 70. 111-12 $5.00 $28.00 N/A $50.00 $65.00 N/A
Poly open top
71. 11-11 $5.00 N/A N/A $35.00 $40.00 N/A
I Poly closed top
72. 1G $10.00 $15.00 $15.00 $20.00 N/A N/A
Fiber
I 73. Cubic yard box with
liner and pallet $70.00
(each)
I 74. 20 yard roll-off liner $56.00
(each)
All containers must meet, at a minimum, DOT packing group II specifications.
This portion of page left intentionally blank.
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
Veolia ES Technical Solutions, LLC Page 29 of 31
Table 5: Costs for supplies and rentals.
75. Vermiculite (per bag) $10.00 '
76. Drop fee for Roll-offs and $1,695.00 per trip, Can deliver 2 boxes each trip
Tanks (Rentals only) '
77. Vacuum truck rental (per $85.00
hour) '
78. Field HAZCAT of $25.00 Ea.
unknown material '
Day Week Month
79. 20 yard open top roll-off $12.00 $84.00 $360.00 '
box rental
80. 30 yard open top roll-off $12.00 $84.00 $360.00
box rental
81. 500 bbl Frac Tank rental $56.00 $392.00 $1,680.00
Additional Charges for Frac Tank Delivery& Set Up: '
12'x 50' Berm Rental (if required) $38.00 per day
Mobilization $1,950.00
Demobilization $1,950.00 '
Protective Ground Mat $188.00 each
Table 6: Costs for labor.
1
Service Cost per Hour'
82. Field Technician — hourly $45.00
rate
83. Field Chemist— hourly rate $55.00
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste
Veolia ES Technical Solutions, LLC Page 30 of 31
IN WITNESS THEREOF, b executing this Agreement, CONTRACTOR and CITY
Y 9
indicate their acceptance with its terms and conditions that govern the performance of
the Services and rights and obligations of the parties.
ICity of Fort Worth: Veolia ES Technical Solutions, LLC
I
—12AI V
Fernando Costa er Kerby
I Assistant City an er General M ager
Dated: .S / /�
I
I APPROVED AS TO FORM AND STATE OF TEXAS §
LEGALITY: §
COUNTY OF §
Before me, the undersigned
authority, on this day r a sonally
Arthur N. Bashor �44b�unnn� appeared
o. ionF
Assistant City Attorney a �000n000,o� �� known to me to b the person whose
6o0,Ad� name is subscribed to the foregoing
A d instrument, and acknowledged to me
o Y 0 that he executed the same as the act
o and deed of Veolia ES Technical
ATTEST: �a*°oo 00 ,a Solutions. LLC for the purposes and
�a0000�4d consideration therein expressed and in
the capacity therein stated.
Given Under My Hand and Seal
Marty Hendrix of Office t�h''s
City Secretary '�_day of 20_�_
M&C:
Qar,y Publ c in aVd fo e
Contract Authorization �` "°p;% SA
°•" NDY K KERBY
Notary public,State
E My cc of Tex
as
I �� �� •��''�oi��..'� mission Expires
'".,„ • February 17, 20 t 4
8�1tie --
Contract for Transportation, Disposal and Packaging of Hazardous, Special and Solid Waste G�PV
Veolia ES Technical Solutions, LLC Page 31 o 10��� ��G