2007-2009 HHW Transportation AgreementCITY OF SALINA, KANSAS
2007-2009 Household Hazardous Waste Transportation and Disposal Agreement
TABLE OF CONTENTS
CONTRACT
SECTION 1 - GENERAL
SECTION 2 - SCOPE OF WORK
SECTION 3 - SPECIAL PROVISIONS
SECTION 4 - GENERAL CONDITIONS
SECTION 5 - BASIS OF PAYMENT
SECTION 6 - PRICING SCHEDULE
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HOUSEHOLD HAZARDOUS WASTE TRANSPORTATION CONTRACT
THIS AGREEMENT, made and entered into this _11th day of December 2006, 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, 2007 through
December 31, 2009.
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.
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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.
CONTRACTOR, SECOND PARTY
UNIVAR USA, INC.
Redmond"i-�, Washington
BY �� f 4"✓+�
Perry T. Kusakabe, Corporate Secretary
SEAL -w-4- tractor be a corporation
OWNER, FIRST PARTY
THE CITY OF SALINA, KANSAS
BY:��.:. � 614 -...—,Donnie D. Marrs, Mayor
Attest: %0�9� "4�
Lieu Ann Elsey, City C k
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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. If the Contractor requires 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
Pesticides Fungicides Household Insecticides
Arsenicals Botanicals Herbicides
Chlorinated Organo -phosphates
Hydrocarbons Rat & Mouse Poisons
Paints
Enamel or Oil -Based Paints Rust Paints
Thinners and Turpentine Furniture Stripper
Wood Preservatives Stains/Finishes
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Auto Products
Antifreeze
Brake Fluids
Transmission Fluid
Waste Oils
Household Products
Oven Cleaners Toilet Cleaners
Disinfectants Drain Cleaners
Floor & Furniture Bleach Cleaners
Cleaners Pool Cleaners
Abrasive Cleaners
Photographic Chemicals
Rug & Upholstery Cleaners
Mothballs
Ammonia -Based Cleaners
5. It is anticipated that a pick-up might be necessary once per month. 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 of Contractor's
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
1. All services provided must be in strict compliance with all applicable federal, state and
local regulations. Additionally, the Contractor must be approved by KDHE. 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 Contractor'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 Salina within thirty
(30) days of pickup. The Contractor will also provide the certification number provided
by KDHE for transportation.
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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 special
material disposal costs will be calculated on a per pound basis unless a minimum
applies.
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 a 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, 2007 and running until
December 31, 2009.
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.
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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 coverage:
A. Workmen's Compensation and Disability Statutory Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability $1,000,000 each
(Occurrence Basis) combined single occurrence and
limit bodily injury and personal damage $2,000,000 aggregate
D. Broadform Comprehensive Auto Liability $7,000,000
(owned, hired and non -owned)
E. Environmental Impairment Restoration $5,000,000
(Pollution Control Liability) (On-site and
while in transport)
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.
PRICING SCHEDULE
See the attached bid sheet from Univar USA with pricing schedule.
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