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CM-08-03-058DATE: February 25, 2008 SUBJECT: City Manager's Approval Process - February 29, 2008 ITEM: This is a proposal from PSC Environmental Services, Inc., to properly dispose of hazardous chemicals seized from Methamphetamine Labs. These chemicals require proper handling and the company will perform all the on-site work required to prepare the waste materials for shipment to an approved facility. The disposal cost is $2,385.00. Department: Police Department Staff Person: Bryan Williams (H. Douglas) Justification: These chemicals are volatile and require special handling for disposal. Funding: Cost: $2,386.00 Source of funds: General Fund Outside Resources: None Background N/A Information: Public Comment: No Blue Sheet Format Updated 01/20/04 Esc LAB PACK PROPOSAL Round Rock Police Dept Round Rock, Tx LAB PACK PROPOSAL # 0: F: PSC is pleased to provide you with this proposal for Lab Pack Services. This proposal will provide general information about the project, the PSC Health & Safety program as well as the cost breakdown associated with your Lab Pack project. SCOPE OF WORK PSC's highly trained Lab Pack Chemists will perform all the on-site work required to properly handle and prepare the waste materials for shipment to a PSC approved TSD facility for waste processing. This service will include: 1) Segregation & Characterization of materials. 2) Inventorying & Waste Coding of materials. 3) Packaging & Labeling of materials. 4) Shipping documentation preparation. Once the customer has signed all post project paperwork, including the shipping documentation and job sheet, PSC will transport the materials for waste management. LABOR DISPOSAL TRANSPORTATION SUPPLIES HEALTH & SAFETY All Lab Pack personnel at a minimum will be 40 -Hour HAZWOPER trained. Examples of additional training that PSC provides, includes: 1) 40 -Hour Lab Pack Training 2) RCRA Training 3) DOT Training 4) Depack Training 5) CPR/ls` Aid (Includes: Blood Borne Pathogen) 6) Manifest Training Additionally, PSC has a medical surveillance program and a Drug & Alcohol Policy, that includes a random testing program. PROJECT PROPOSAL 2,385.00 PROJECT TOTAL $ 2,385.00 E& I Charge PROJECT SPECIFIC TERMS & CONDITIONS 1) This proposal is for the management of the materials solely identified, by the customer. Additional materials may incur additional costs. 2) This proposal does not include the handling and/or management of dioxins, radioactive, PCB containing, explosive, bio -hazardous or peroxide forming materials, unless specifically identified in the Project Proposal above. 3) This proposal does not include any neutralizing or stabilizing activities that may be required prior to handling or managing specific materials, unless specifically identified in the Project Proposal above. 4) All PSC packaged Lab Packs will be packaged in the proper UN -Rated container(s). 5) Any Hazardous "Drummed" material must be in the proper UN -Rated container and the integrity, of that container, intact. 6) PSC must have access to the accumulation area and must have sufficient space to safely perform the Lab Pack. 7) The Packing area must be well lit and ventilated. Any area that is not well lit or ventilated must be brought to PSC's attention prior to commencing work. 8) Labor and Equipment rates are Portal to Portal, unless otherwise specified. Thank you for this opportunity, should you have any questions, comments or would like to schedule the project please feel free to contact the undersigned at your convenience. Sincerely, PSC Environmental Services FRANK WIGET LAB PACK MGR. #REF! CM� OF)- 03 D E; PSC CONTACT INFORMATION: 1-281-788-8801 Esc CUSTOMER: Round Rock Police Dept ADDRESS: Round Rock Tx PROPOSAL ACKNOWLEDGEMENT/ACCEPTANCE 0: F: LAB PACK PROPOSAL # PROPOSAL DATE: January 14, 2007 Jim Nuse , an agent of the customer listed above, acknowledge the following: X X X X Award of the project to PSC. Acceptance of the PSC pricing/rates identified in this proposal. Acceptance to the project specific terms and conditions outlined in this proposal. Acceptance of General Terms & Conditions as identified below: X FOR THE CUSTOMER TO COMPLETE: 1) PAYMENT TERMS: 2) CUSTOMER ACCEPTANCE: PSC's Standard Terms & Conditions Customer's Terms & Conditions - Project pending review of Terms & Conditions by a PSC representative. Terms & Conditions as previously agreed by PSC and the Customer through either a Master Services Agreement or Contract. (Please provide Contract # CREDIT CARD PURCHASE ORDER # ELECTRONIC WITHDRAWL (PLEASE PROVIDE CUSTOMER INSTRUCTIONS) COMPANY NAME (PRINT): City of Round Rock CUSTOMER NAME (PRINT): *m Nuse, City Manager CUSTOMER SIGNATURE: DATE: Please submit this completed form to your PSC representative. Upon reciept, PSC will begin the pre -project process and contact you to schedule the project. EZIS STANDARD TERMS SCOPE OF WORK: The written Proposal of work contained on the reverse side of this document, along v Waste Characterization Report furnished by the CUSTOMER, and the terms and con, Any conflicts between information set forth in any documents referenced above and by the language of these Environmental Terms and Conditions. PARTIES: PSC Environmental Services, Inc. (a wholly owned subsidiary of Philip Services Corp submitted is the CUSTOMER. PRICES AND TERMS: CUSTOMER agrees to pay for the services and performance of work under this Agree writing by the language contained in the Proposal for Work referenced and incorpon Payment for services and performance of work under this Agreement shall be made v within the thirty (30) day period shall cause interest to commence accruing at a rate c full is rendered, in addition to any other remedies available at law, in equity or hereu If during the time that the Proposal for Work is pending acceptance by CUSTOMER, increases as a result of compliance of any federal, state or local governmental agency, written notice to CUSTOMER, to increase the price hereunder in sufficient amount t, performance is to begin by CONTRACTOR, this Agreement may be canceled and dee All federal, state and municipal excise, occupation, sales, use of service, PhilipEnviro: Corporation) FEES AND SURCHARGES and other similar taxes shall be paid by GUS' performance of work agreed to herein. CUSTOMER shall reimburse the CONTRACT any interest and penalties assessed by the taxing authority. Except as provided immediately above, CONTRACTOR may not increase the prices s submittal to CUSTOMER. From and after thirty (30) days, the prices under this Agre five (5) days from the date of notification byCONTRACTOR tog accept or reject any c increase, CONTRACTOR shall have the right to terminate this Agreement. DESCRIPTION OF WASTE: CUSTOMER shall provide CONTRACTOR with a written, full, complete and accurat complete description of all processes generating or involving the waste, the proper no Sheets. CUSTOMER covenants, warrants and agrees that the description of the waste in the limited to the Process Description Section, and the other information contained therm CONTRACTOR, including each unit or container of waste, shall conform to the deso CUSTOMER to furnish a sample of the waste to CONTRACTOR, CUSTOMER warrai stream, provided however, that the submission of the sample to CONTRACTOR for 1; written description of the waste nor CUSTOMER'S warranty of such description of tl- It is expressly understood and agreed that any technical assistance or advice rendered properly classify CUSTOMER'S waste stream, shall be deemed gratis advice only. It s environmental laws and provide a proper description of the waste. FAILURE OF WASTE TO CONFORM TO DESCRIPTION: In the event that the CONTRACTOR discovers that the waste or any unit or contains not said waste has previously been accepted by CONTRACTOR as conforming. C initiate any necessary measures for the safe handling,g ON transportation and/or disposal o handling the waste stream of CUSTOMER within twenty-four (24) hours from the tir CONTRACTOR may, in addition to any other remedies at law, in equity or all nonconforming waste, CUSTOMER agrees to q Y hereunde g pay or reimburse CONTRACTOR to disposal costs incurred by CONTRACTOR on behalf of CUSTOMER. In addition, CUSTOMER shall reimburse CONTRACTOR for any damages incurred required to pay any governmental agency or court due to CUSTOMER'S � furnishing Characterization Report. At the time CONTRACTOR accepts the waste from CUSTOMER for transportation be transferred from CUSTOMER to CONTRACTOR. In thep on event that the waste is di � waste so long as the waste material has not been materially altered or changed byCO loss and all other incidents of ownership shall to revert to CUSTOMER. g PsC STANDARD TERMS INDEMNIFICATION: CONTRACTOR hereby agrees to indemnify and hold CUSTOMER harmless from an reasonable attorneys' fees) arising out of any claim for loss or damage to property or t employees and agents, caused by or arisingfrom CONTRACTOR'S p p Y TRACTOR'S negligence, bread governmental actions, orders or permits. CUSTOMER hereby agrees to indemnity and hold CONTRACTOR harmless from an, reasonable attorney's fees) arising out of any claim for loss or damage toro ert or t ees persons, including CONTRACTOR'S employees and agentsP u y P y caused by or resulting fro: representations contained in this Agreement, violation of laws, ordinances, rules, rep of waste that does not conform to the description set forth in this Agreement. INSURANCE: CONTRACTOR agrees to furnish CUSTOMER, upon request, a Certificate of Insuran benefits, and Comprehensive automobile and Commercial General Liabilityinsuranc( Proposal Work. is marked as a schedule in the written Pro l for ASSIGNMENT AND TERMINATIONS: Neither party hereto may assign or delegate the performance of all or anyportion of t consent shall not be unreasonable withheld in the event of the filing of a petition by c laws, or the appointment of a receiver or trustee or an assignment for the benefit of ci law, in equity or hereunder, may forthwith terminate this Agreement without furthe FORCE MAJEURE: CONTRACTOR shall not be liable for any failure to remove waste or complete the pr of God, weather conditions, orders, ruling, P g directives, laws, rules, regulations, ordinar having jurisdiction over the activities of CUSTOMER or CONTRACTOR. A ' RATION AND RISDICTION: The parties here • . - 1 agree that any claim, controv - �1 ' ute or question P interpretation, interpretation, non � = ="- • r any breach thereof may at the o tip PA in accordanc .� -h-- ie existinrulesof theAmericao, yam g Association g arbi all be final, and judgement upon any award, which may include reasonaf court h 'urisdiction over th - .. - - reto: This provision or arbitration ---y�- shall 1 courts of Pennsy . a provided that the action if filed prior to anyfiling byeither suchetion shall be in MontgomeryCounty, PA. g pa INDEPENDENT CONTRACTOR: The employees, agents, methods, equipment and facilities of CONTRACTOR this Agreement shall be construed to constituteshall at CUSTOMER or any of its employees, partner of CONTRACTOR. CONTRACTOR at all times relevant hereto shall be deer. ENTIRE AGREEMENT: This Agreement supersedes any and all other agreements, either oral or in writing, of the covenants and agreements between the be parties with respect to the matter. Any incorporated herein and specifically replaced and modified by the terms and conditio do no representations, inducements, promises or agreements, orally or otherwise, have b embodied herein and that no other agreement, statement, or promise not contained BINDING AGREEMENT: This agreement shall be binding upon and inure to the benefit of theparties covenant or condition of this Agreement is held bya hereto ar court of competent jurisdiction � the remainder of the provisions contained herein. PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance of the services, whichever is later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the Services performed which causes the payment to be late; or B The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorne fees, associated with the mediation shall be shared equally by the parties. y City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas.