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2004-2006 HHW Transportation AgreementCITY OF SALINA, KANSAS 2004-2006 Household Hazardous Waste Transportation and Disposal Agreement TABLE OF CONTENTS CONTRACT----------------------------------------------------------------------------------------- 2-3 SECTION 1 - GENERAL ------------------------------------------------------------------------- 4 SECTION 2 - SCOPE COPE OF WORK 4-5 SECTION 3 - SPECIAL PROVISIONS------------------------------------------------------ 6-7 SECTION 4 - GENERAL CONDITIONS---------------------------------------------------- 8 SECTION 5- BASIS OF PAYMENT ---------------------------------------------------------- 9 HOUSEHOLD HAZARDOUS WASTE TRANSPORTATION CONTRACT THIS AGREEMENT, made and entered into this day of December 2003, by and between the City of Salina, Kansas a municipal corporation, First Party, hereinafter referred to as the "Owner" and Univar USA, Inc. Second Party, hereinafter referred to as the "Contractor." The term of this agreement shall run from January 1, 2004 through December 31, 2006. WITNESSETH: ARTICLE 1. It is hereby mutually agreed that for and in consideration of the sum or sums to be paid the Contractor by the Owner, as set forth in the provisions of SECTIONS 1 through 4 of this Household Hazardous Waste Disposal Agreement, the said Contractor shall furnish all labor, equipment, accessories and material and shall perform all work necessary to complete hazardous waste disposal in a good, substantial and workmanlike manner; in strict accordance with the specifications, as approved and filed pursuant to law in the office of the legal representative of the Owner. ARTICLE 2. It is hereby further agreed that in consideration of the faithful performance of the work by the Contractor, the Owner shall pay the Contractor the sum or sums due him, by reason of said faithful performance of the work, at stated intervals and in the amounts certified by the Household Hazardous Waste Coordinator; in accordance with the provisions of SECTION 5 of this Household Hazardous Waste Disposal Agreement. ARTICLE 3. It is hereby further agreed that at the completions of the work and its acceptance by the Owner, all sums due to the Contractor by reason of his faithful completion of the work; taking into consideration additions to or deductions from the contract price by reason of alterations or modifications of the original contract, will be paid the Contractor by the Owner within 30 days after said completion and acceptance. ARTICLE 4. It is hereby further agreed that the words "he" or "him" wherever used herein as referring to the Contractor shall be deemed to refer to said Contractor whether a corporation, partnership, or individual; and this contract and all covenants and agreements thereof shall be binding upon and for the benefit of the heirs, executors, administrators, successors and assigns of said Contractor. ARTICLE 5. It is hereby further agreed that any reference herein to the "Contract" shall include all contract documents as specifically set out in the Table of Contents for this Household Hazardous Waste Disposal Agreement, and thereby made a part of this agreement to the same extent as if set out at length herein. IN WITNESSETH WHEREOF, the First Party and the Second Party, respectively, have caused this agreement to be duly executed in triplicate the day and year first herein written, all copies of which to all intents and purposes shall be considered the original. SE CONTRACTOR, SECOND PARTY Univar USA, INC. Kirkland, Washington BY " I "I'LPL Perry T. kusakabe ,:::orporate Secretary a corporation Owner, FIRST PARTY THE CITY OF SALINA, KANSAS BY Y R Att st: _ GENERAL The City of Salina has an established permanent household hazardous waste collection and storage facility. The City is contracting to provide supplies, transportation and disposal of materials received at the facility. Work shall consist of helping identifying materials in storage, manifesting„ loading and transporting them to an approved site for treatment or disposal. The contractor will be required to provide the necessary personnel, equipment, materials and manifests to properly dispose of materials on a timely basis. Work will be accomplished in accordance with standards set by the Kansas Department of Health and Environment (KDHE) and to the satisfaction of the City of Salina. SCOPE OF WORK The contractor agrees to perform all necessary services associated with preparing waste materials for shipment and disposal. This includes securing the materials, reassessing the wastes for purposes of classification and disposal, preparing waste as necessary for loading, transport and disposal at an approved disposal facility. 1. The City of Salina will separate materials into hazardous class. These materials will be segregated and stored for pickup and disposal by the contractor. Costs of additional sampling, testing or analyzing of wastes will be borne by the contractor. 2. The contractor will analyze the City's packing and segregation of wastes. If necessary, the contractor will assist the city in repackaging of wastes to conform with state and federal guidelines. 3. The contractor will insure materials are properly labeled. The contractor will manifest materials prepared for shipment and disposal at the Household Hazardous Waste facility. 4. The household hazardous waste facility is located at 315 E. Elm. Waste material will consist primarily of the following: Lawn & Garden Paints Pesticides Fungicides Household Insecticides Arsenicals Botanicals Herbicides Chlorinated Organo -phosphates Hydrocarbons Rat & Mouse Poisons Enamel or Oil -Based Paints Rust Paints Thinners and Turpentine Furniture Stripper Wood Preservatives Stains/Finishes Auto Products Antifreeze Transmission Fluid Brake Fluids Waste Oils Household Products Oven Cleaners Toilet Cleaners Photographic Chemicals Disinfectants Drain Cleaners Rug & Upholstery Cleaners Floor & Furniture Bleach Cleaners Mothballs Cleaners Pool Cleaners Ammonia -Based Cleaners Abrasive Cleaners 5. It is anticipated that a pick-up will be necessary 3-4 times a year. The contractor will maintain an accounting of disposal costs. This will be provided to the City after pick-up. 6. The successful contractor will be required to submit a written plan for review and approval by the City of Salina on the methods of disposal and treatment, and disposal facilities which are proposed to be utilized on this project and the nature of the arrangements with those facilities (i.e. ownership, owned subsidiary, long-term contract, lease, or fee for service, etc.) The contractor must be pre -approved for receipt of these types of wastes transported to the disposal facility. All proposers transportation, treatment, storage and disposal facilities and equipment must meet all Environmental Protection Agency (EPA) guidelines and comply with all applicable Federal, State and Local legislation. SPECIAL PROVISIONS All services provided must be in strict compliance with all applicable federal, state and local regulations. Additionally, the contractor must be approved by I"CDHE. The contractor must be able to maintain the approval throughout the term of the contract. Certificates of compliance with all licensing requirements shall be provided with the bidder's proposal. Failure to maintain such certifications shall be the basis for cancellation of the contract. 2. The contractor agrees to accept title to the household hazardous waste when the material is placed aboard the contractor's vehicle or while it is under the proposer's physical control. 3. The contractor will provide training for City personnel. This will insure materials are handled according to an established protocol, which the contractor requires. 4. The contractor will transport the collected waste material to a facility approved and licensed by the EPA and return the signed manifests to the City of Saline within thirty (30) days of pickup. The contractor will also provide the certification number provided by KDHE for transportation. 5. The contractor shall have the capability to perform chemical analysis of unknowns if required. 6. The contractor shall evaluate the current procedures on the bulking of paints and solvents for fuel blending and shall describe any changes that would be required by the successful contractor. If there are any restrictions the successful contractor shall describe in detail these changes. Any restrictions will have to state the allowable percent of chlorine, sulfur, halogen or other materials that will not be allowed. 7. The contractor shall furnish a list of substances which are not accepted. 8. The contractor shall identify all primary and subsidiary classes and how each is to be packed. Contractors shall differentiate waste which will require special handling and those which do not. Charges for the disposal of these types of materials will be based on actual weight and not rounded container volume weights. 9. During the contract period the disposal cost for partially filled containers will be on a prorated basis using the full 55 gallon containers price as the base. Any material costs on by the pound basis will be paid on a net weight of the material basis. 10. The City shall recycle as much as is possible. The City of Salina will evaluate and determine methods of treatment and disposal based upon cost of disposal and potential liability for waste after treatment or disposal. Cost quotes shall be all inclusive for transportation, labor, materials and disposal of products. 11. The contractor shall make pick-up of material within thirty (30) days of notification. 12. In the event the program is terminated or moved to another site the contractor will remove all materials so that proper closure of the site may be effected as required by Kansas Regulations. 13. The contract period will be three years beginning January 1, 2004 and running until December 31, 2006. GENERAL CONDITIONS Assignment of Contract The contractor may not assign or subcontract this contract in whole or part without written authorization from the City of Salina. Indemnity The contractor shall protect, indemnify and hold harmless all employees, agents or representatives of the City of Salina. These personnel shall be absolved of any expense, fine, judgment or damage which is suffered, imposed or assessed by reason on contractor activities in carrying out necessary work. The contractor shall not be responsible to hold harmless and protect the City of Salina for negligent acts of its authorized employees, officials and representatives„ Liability Insurance The contractor shall purchase and maintain a comprehensive general liability policy of insurance which protects the City of Salina from claims, judgments, suits, damages or losses to persons or property that arise as a result of the bidder, his agents, officers or employees working under this contract. The City of Salina shall be named as an additional insured on said policy while performing work under terms of this contract. The contractor shall provide proof of the following minimum coverages: A. Workmen's Compensation and Disability Statutory Requirements B. Employer's Liability C. Comprehensive General Liability (Occurrence Basis) combined single limit bodily injury and personal damage D. Broadform Comprehensive Auto Liability (owned, hired and non -owned) E. Environmental Impairment Restoration (Pollution Control Liability) (On-site and while in transport) $100,000 $1,000,000 each occurrence and $2,000,000 aggregate $7,000,000 $5,000,000 SECTION 5 — Basis of Payment GENERAL: Payment for work performed by the Contractor under these specifications will be made at the approved contract unit price lump sum. Such payment shall compensate the Contractor for all costs in connection with furnishing all labor, service, and material required and performing the operations necessary to complete the household hazardous waste in accordance with the specifications. All incidental work essential to the completion of the project in a workmanlike manner, including clean up of waste or surplus material, shall be accomplished by the Contractor without additional costs to the Owner. Payment will be made for the actual quantities removed. Proposed Contract Pricing Treatment and DISDosal Pricinq for the Term of the Contract 2.2 Aerosols- Poison Loose ack Incineration x $0. 82 3 Flammable liquids mixed solvents Bulk Fuel Blend x 3 011 -Based paint Bulk Fuel Blend x 4.1 Waste Flammable Solids/Paint-related material, adhesives Loosepack Incineration x $0.59 4.214.3 Reactive Labpack (Spontaneously Combustible H2O Reactive Labpack Incineration x $1.7 5.1 Oxidizing Substances Lab ackn e r a t' x 71.40 5.2 Organic Peroxides Labpack Incineration x $1.4 0 6.1(3 Toxic/Poison, Flammable Labpack Incineration x 5 $0. 5 9 8 Corrosives Acids and Bases Labpack I n c i t=ier a t i on SO 5 9 8 Household Batteries -Alkaline Loosepack Recycle x S 0 .9 8 9 Household Battleries - Ni -Cad Loosepack Recycle x 9 JEnvIronmentally Hazardous Substances Labpack I n c i n e r t t i on Non-RegulatedAntilreeze Bulk Wa s t ew a t P x *** = Minimums apply $130.00/55 Transportation Fee:$ 30.00/ 55 _gal. drums for incineration $52.00,'Spa� $ 16.00/ 5 gal. pails for incineration or recycle No charge for bulk fuel blend NO Mo. (ee, Please rill in all areas where numbers/prlces are requested. We would like to encourage you to list ways in which your company might otherwise categorize any of the above waste streams. Also, indicate any other treatment andlor disposal methods which you feel might be beneficial to our organization. Additional comments are welcome. Above pricing includes: Single point contact via 800 number. All necessary manifests, LDR and labels. Trans ortatin by Univar's fieet trucks. City or Salina can monitor site waste activity via our Chemcare website. Customer service rep is S aunna Asbill who is a degreea chemist with years of RCRA and DOT experience. Local sales representative is Ed Clampitt and he is a de reed chemist with 12 years of RURA, DOT background. If requested Univar will provide at no charge HM 181 DOT training on site with a certlfisa_rp ,GS„ rl which will satisfy state traiilin- re uirements. If L1116 uotdtion is atL active and Baillie wishes to pursue further Univar will be gT—ad g-adto provide TbDF audit information and ad itional information to complete the award phase. 2004 - 2006 City of Salina Household Hazardous Waste Facility Contractor - BidlProposal Price Sheet 10/27/2003 09:11 2143403086 UNIVAR CHEMCARE PAGE 03 Equipment and Supplies Cost Sheet Function Type o[ Equipment Unit 1'rlee Drums 30 Gal -Open Top (Reconditioned) Each $23.00 Drums 5 GaVDOT plastic bucket with lid Each $10.00 Drums 55 Gal -Open Top (New) ' Eacb $35.00 Drums 55 Gal -Open Top (Reconditioned) Each $25.00 Drums 55 Gal -Closed Top (New) Each $35.00 Drums 55 Gal -Closed Top (Reconditioned) Each $18.00 Drums 55 Gnwvcrpack (Ncw) 85 gallon metal o v e r p a C Each $85.00 Drums 55 Gal -Overpack (Reconditioned) Each -------- ------- Fiberboard ,Fiberboard Cu. yd. box with liner and pallet Each 55.00 Packing mat. Vermiculite (4 cu.ft. bag) Each $8.95 Absorbant Oil Dry (40 lb. bag) Each $3.85 Univar USA Inc. 6100 Carillon Point Kirkland, WA 98033 USA Direct Telephone (425) 889-3963 Fax (425) 889-4136 perry.kusakabe@univarusa.com December 18, 2003 VIA U.S. PRIORITY MAIL Mr. Michael Fraser Director of General Services 412 East Ash P.O. Box 736 Salina, KS 67402-0736 Re: City of Salina, Kansas Dear Mr. Fraser: �J lJ111VAR Perry T. Kusakabe Legal Department Enclosed are two fully executed City of Salina, Kansas 2004-2006 Household Hazardous Waste Transportation and Disposal Agreements. We look forward to working with you and please let me know if I can be of any further assistance. Sincerely yours, Univar USA Inc. Perry T. Kusakabe Assistant General Counsel /jdg enclosures cc: Ed Clampitt, Wichita (w/ encl.) Liz Corley, Houston (w/ encl.) Mark Hess, Dallas (w/ encl.) Steve MacDonell, Dallas (w/ encl.) Jay Rambo PTK2779MF