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HomeMy WebLinkAboutPSA Thermo FluidsPROFESSIONAL SERVICES AGREEMENT This Agreement is made by and between Kittitas County (hereinafter "the County") and Thermo Fluid Inc . (hereinafter "Contractor"). The County and Contractor agree as follows: General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation); Exhibit C (Proof of Insurance). copies of which are attached hereto and incorporated herein by this reference as fully as if set forth herein . The term of this Agreement shall commence on the March 18th 2016, and continue for a period of one year from its effective date. Kittitas County may, at its option, extend the Contract on a year-to-year basis for up to four (4) additional years. Yearly price adjustment shall be based on the change in the WTI as further described in Exhibit B. Any party may terminate this Agreement by giving thirty (30) days notice in writing either personally delivered or mailed postage-prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph . Contractor acknowledges and by signing this Agreement agrees that the Indemnification provisions set forth in Paragraphs 7 (Independent Contractor), 9 (Taxes), 15 (Defense and Indemnity Agreement), 21 (Patent/Copyright Infringement) and 24 (Confidentiality), are totally and fully part of this Agreement and have been mutually negotiated by the parties. Professional Services Agreement Page 1 /' ~.I.t\I W ITNESS WHEREOF , the parties have executed this Agreement this 5~ay of .P¥TI1 2016. Print Name of Signatory Contractor Address: Thermo Fluids Inc. 12533 SE Carpenter Drive Clackamas. OR 97015 Project Contact: Eric Parent 509-370-1288 Professional Services Agreement Page 2 APPROVED : BOARD OF COUNTY COMMISSIONERS KITIITAS COUNTY, WASHINGTON /JI:e£w~ Obie O'Brien , VfOe'l Chairman ~;i ;oner By: _________ _ Deputy Prosecuting Attorney County's Address: Kittitas County 205 West 5th Avenue, Suite 108 Ellensburg, WA 98926 Project Contact: Clinton Van de Venter 509-962-7577 GENERAL CONDITIONS 1. Scope of Contractor's Services: Contractor agrees to provide to the County services and any materials set forth in the project narrative identified in Exhibit "A" during the Agreement period . No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. 2. Performance of Work: Contractor shall perform work in accordance with, and shall comply with , all of the provisions of this Agreement. All work shall comply with applicable codes and ordinances, including all statutes and regulations related to the handling, transportation, and processing of hazardous waste materials. Contractor will provide proof that procedures, permits, and licenses in place to ensure materials are handled properly as a condition precedent to formation of a contract. 3 . Schedule of Performance: Unless directed otherwise by the County, Contractor shall perform the work in accordance with any schedules made a part of this Agreement. 4 . Definitions: 4.1 "Additional Insureds" means the County, its successors and assigns , and the respective directors, officers, employees, agents and representatives of the County and its successors and assigns. 4.2 "Support" means the following: Contractor's directors , officers , employees, agents and representatives; and sub-Contractors of any tier; the respective directors, officers, employees, agents and representatives of these sub- Contractors of any tier; and any other person or entity acting under the direction or control of, or on behalf of, Contractor or any Contractor's sub- Contractors of any tier in connection with or incident to the performance of the Work or this Agreement. 4 .3 The "Work" means all of the duties listed in Exhibit A and the performance of all other obligations, under this Agreement by Contractor or its Support. 5. Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B". Where Exhibit "B" requires payments by the County, payment shall be based upon billings, supported unless otherwise provided in Exhibit "B", by documentation of units of work actually performed and amounts earned, including where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested. Unless specifically stated in Exhibit "B" or approved in writing in advance by the Kittitas County Board of Commissioners, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in performance of this Agreement. Professional Services Agreement Page 3 Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, through the County voucher system, for the Contractor's service pursuant to the fee schedule set forth in Exhibit "B". 6. Assignment and Subcontracting: No portion of this Agreement may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 7. Independent Contractor: The Contractor's services shall be fumished by the Contractor as an independent Contractor and nothing herein contained shall be construed to create a relationship of employer-employee or master-servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent Contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any County benefits including, but not limited to : vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Kittitas County employees. Contractor will defend, indemnify and hold harmless the County, its Additional Insured's, officers, agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attomeys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph . 8. No Guarantee of Employment: The performance of all or part of this Agreement by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any sub-Contractor or any employee of any sub-Contractor by the County at the present time or in the future. 9. Taxes: The Contractor understands and acknowledges that the County will not withhold .Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to make withholding for any taxes other than income taxes (Le. Medicare). All compensation received by the Contractor will be reported to the Intemal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation eamed pursuant to this Agreement. Professional Services Agreement Page 4 The County wilt pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes including, but not limited to: Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 10. Regulations and Requirement: This Agreement shall be subject to all laws, rules and regulations of the United States of America, and State of Washington, and political subdivisions of the State of Washington, and to any other provisions set forth herein or in the attached exhibits. 11. Right to Review: This contract is subject to review by any Federal or State auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County. Such review may occur with or without notice, and may include, but is not limited to, on-site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluation by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for 6 years after contract termination, and shall make them available for such review, within Kittitas County, State of Washington, upon request. 12. Modifications: 12.1 Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. 12.2 The County ,may, at any time, by written notice thereof to Contractor ("Change Notice") makes changes in the Work within the general scope of this Agreement, including, but not limited to: (a) changes in, revisions to, substitutions for, additions to or deletions of any Work; (b) changes in schedule; and (c) acceleration , deceleration or suspension of performance of any Work. 12.3 If any change in the Work causes an increase or decrease on Contractor's cost of, or the time required for, performance of the Work, an equitable adjustment in the compensation to Contractor and in the schedule for the performance of the Work shall be made to reflect such an increase or decrease. 12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment, Contractor shall proceed in accordance with all Change Notices. Contractor must, within thirty (30) days after receipt of any Professional Services Agreement Page 5 Change Notice that does not set forth any acceptable adjustment, submit to the County a written statement setting forth any adjustment claimed . 12.5 If any change results in a decrease in the Work performed , Contractor shall be entitled to compensation associated with changing the Work, such as revising design already completed, revising calculations already performed, and revising documents. 13. Term ination for Default: If the Contractor defaults by failing to perform any of the obligations of the Agreement or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U .S . mail, postage prepaid, terminate the Agreement, and at the County's option, obtain performance of the work elsewhere.. If the Agreement is terminated for default, the Contractor shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 14. Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion that such termination is in the best interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. In the event of such termination, an equitable adjustment shall be made in the compensation payable to Contractor. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County. 15. Defense & Indemnity Agreement: The Contractor agrees to and shall defend, indemnify and hold harmless the County, its Additional Insured's , appointed and elective officers, agents and employees, from and against all loss or expense, including but not limited to judgments, settlements. attorney's Professional Services Agreement Page 6 fees and costs by reason of any and all claims and demands upon the County, its Additional Insured's, its elected or appointed officials, agents, or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its sub-Contractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its Additional Insured's, appointed or elected officials, agents , or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 16. Industrial Insurance Waiver: With respect to the perfonnance of this Agreement and as to claims against the County, its Additional Insured's, officers. agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold hannless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this Agreement. 17. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the tenns of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of Washington. 18. Withholding Payment: In the event the Contractor has failed to perfonn any obligation to be perfonned by the Contractor under this Agreement within the time set forth in this Agreement, then the County may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perfonn is cured or otherwise adjudicated. 19. Future Non-Allocation of Funds: If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the County will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the County in the event this provision applies. 20. Contractor Commitments. Warranties and Representations: The Contractor represents and warrants to the County as follows: 20.1 The Contractor is duly incorporated, validly existing and in good standing under the laws of the State of Washington, and has all requisite corporate power and authority to enter into and to perform its obligations under this Agreement. Professional Services Agreement Page 7 20.2 The Contractor has the authority to execute this Agreement, to make the representations and warranties set forth in it and to perform the obligations of the Contractor under this Agreement in accordance with its terms. 20 .3 This Agreement has been validly executed by an authorized representative of the Contractor and constitutes a valid and legally binding and enforceable obligation of Contractor. 20.4 The Contractor has or will obtain prior to the commencement date such licenses, permits and other authorizations from federal, state and other governmental authorities, as are necessary for the performance of its . obligations under this Agreement. 20 .5 The Contractor is not in violation of any applicable law, ordinance or regulation the consequence of which will or may materially affect Contractor's ability to perform its obligations under this Agreement. The Contractor is not subject to any order or judgment of any court, tribunal or governmental agency which materially and adversely affects its operations or assets in the State of Washington, or its ability to perform its obligations under this Agreement. 20 .6 None of the representations or warranties in this Agreement, and none of the documents, statements, certificates or schedules furnished or to be furnished by Contractor pursuant hereto or in connection with the performance of the obligations contemplated under this Agreement, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements of fact contained therein not misleading. 21. Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County; to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: 21.1 21.2 22. Disputes: Contractor shall be notified promptly in writing by County of any notice of such claim. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement is made, provided no reduction in performance or loss results to the County. 22.1 General Differences between the Contractor and the County, ariSing under and by virtue of the Agreement Documents shall be brought to the attention of the Professional Services Agreement Page 8 County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, instructions, and decisions of the Kittitas County Commissioners shall be final and conclusive. 22.2 Notice of Potential Claims The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 22 .3. Detailed Claim The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the completion of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or extension of time claimed to be due. 23 . Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or sub-Contractors, in connection with performance of this Agreemellt shall be the sole and absolute property of the County. 24. Confidentiality: The Contractor, its employees, sub-Contractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the Kittitas County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceedings seeking disclosure of such information . Contractor shall indemnify and hold harmless the County, its Additional Insured's, officials, agents or employees from all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. Profess ional Services Agreement Page 9 To the extent that any information obtained by the Contractor is required to be shared with or provided to others by the terms of the · Statement of the Work, this provision is not breached by such acts. 25. Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, notice shall be given by the Contractor to the department head of the department for whom services are rendered, and to the Kittitas County Commissioners, 205 W 5th Ave, Suite 108, Ellensburg, WA 98926. Notice to the Contractor for all purposes under this Agreement shall be given to the address reflected on the Signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid. 26. Severability: If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. 27. Miscellaneous: 27.1 The County's failure or delay to insist upon strict performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather the same shall be and remain in full force and effect. 27.2 This Agreement embodies the entire Agreement between the County and Contractor, and supersedes any and all prior agreements, regarding the Work. No change, amendment or modification of any provisions of this Agreement shall be valid unless set forth in a written instrument signed by the party to be bound thereby. 27.3 The rights and remedies of the County set forth in any provision of this Agreement are in addition to and do not in any way limit any other rights of remedies afforded to the County by any other provisions of this Agreement, by any of Contractor's Support or by law. 27.4 The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 28. Waiver: Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this Agreement shall be held to be Professional Services Agreement Page 10 waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 29. Survival : The provisions of paragraphs 7, 9,11,13,14,15,16,17,18,19,20,21 ,22,23,24,28 , 30,31, and 32 shall survive , notwithstanding the termination or invalidity of this Agreement for any reason . 30 . Nondiscrimination: 30 .1 The County is an equal opportunity employer . 30.2 Nondiscrimination in Employment In the performance of this Agreement, the Contractor will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Contractor shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and programs for training including apprenticeships . The Contractor shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 30.3 Nondiscrimination in Services The Contractor will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap. 30.4 If any assignment and/or subcontracting has been authorized by the County, said assignment or subcontract shall include appropriate safeguards against discrimination. The Contractor shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. Professional Services Agreement Page 11 31. Prevailing Wage : Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of any part of the Work in accordance with RCW 39.12 and the rules and regulations of the Department of Labor and Industries. The schedule of prevailing wages rates for the locality or localities of the Work is determined by the Industrial Statistician of the Department of Labor and Industries. It is the Contractor's responsibility to verify the applicable prevailing wage rate. It is understood that the Contractor is responsible for obtaining and completing all required government forms and submitting same to the proper authorities. Disputes regarding prevailing wage rates shall be referred for arbitration to the Director of the Department of Labor and Industries. The arbitration decision shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060. 32 . Debarment Certification: The Contractor certifies that it: 32.1 Is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. 32.2 Has not within a three-year period preceding the execution of this contract with Kittitas County, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice. 32 .3 Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 32.2 of this section. 32.4 Has not within a three-year period preceding the preceding the execution of this contract with Kittitas County had one or more public transactions (Federal, State, or local) terminated for cause of default. Professional Services Agreement Page 12 EXHIBIT "A" SCOPE OF WORK In addition to providing all material and labor, the Contractor shall perform the following: Collection, transportation, and processing and/or final disposal of Used Motor Oil, Used Oil Filters, and Spent Antifreeze collected from our 2 locations: Cle Elum Transfer Station 50 #5 Mine Rd, Cle Elum, WA. Solid Waste Office Parking lot 925 Industrial Way, Ellensburg, W A. Other locations may be added upon written request from the county's Project Contact or that person's Department Head and approval from contractor in writing. Professional Services Agreement Page 13 EXHIBIT "B" COMPENSATION As full compensation for satisfactory performance of the work, the County shall pay/collect Contractor compensation not to exceed : PRICE FORM Entries represent waste locations to be collected, transported for processing, recycling and/or disposal. If you have experience in other services, add those as a new entry to the bottom of the table, filling out all the columns for the new entry. Quantity (column C.): The actual quantity of used motor oil from each location is unknown. Kittitas County collected a total of 9818 gallons in 2015. Quantities listed are estimates. . Unit (column D.): Unit of measure by which Unit Price shall be based on. WTI Daily Average (column E.): West Texas Intermediate index, Daily Average pricing posted on the 10th day of the previous month; for the purpose of this Proposal , pricing will be based off of December 10, 2015. (+/-) Percent of WTI Paid to County (column F .): A percent either greater or less than the WTI amount that is calculated with Column E. to determine the Unit Price in Column G . Example; Column E . plus (+)25% -or- (-)25% = Column G. Unit Price Paid to COUNTY (column 7): The amount CONTRACTOR will pay to the County if the WTI is greater than $40 a barrel. Unit Price Paid to CONTRACTOR (column 8): The amount COUNTY will pay to the Contractor if the WTI is less than $40 a barrel. Professional Services Agreement Page 14 A B Item No . Description 1 Used Oil Item No . Description 2 Antifreeze 3 Uncrushed Filters Professional Services Agreement Page 15 C D Oty Unit 1 Gal Oty Unit 1 gal 55 1 Gallon Drum E F G H WTI Daily (+/-) % of Unit Price Paid to Unit Price County Average WTI Paid to (Colum n E. +/-Column Paid to 12/10/2015 COUNTY F.) Contractor $36.76 28% $0.266 $0 .12 Unit Price $0 .50 $25 .00 EXHIBIT "C" PROOF OF INSURANCE The Contractor shall secure and maintain in effect at all times during performance of the Work such insurance as will protect Contractor, its Support and the Additional Insured's from all claims, losses, harm, costs , liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the work or this Agreement, whether such performance is by Contractor or any of.its Support. All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports unless otherwise approved by the County. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. The Contractor shall provide proof of insurance for: 1) Commercial General liability Insurance. • Coverage limits not less than: • $1,000,000 per occurrence per project • $2,000,000 general aggregate • $1,000 ,000 products & completed operations aggregate • $1,000,000 personal and advertising injury, each offense • Certificate Holder -Kittitas County • The Certificate must name the County as additional insured as defined in the Agreement • Sixty (60) days written notice to the County of cancellation of the insurance policy. 2) Commercial General liability Insurance -Per Project/Job Aggregate • Coverage limits not less than: • $5,000,000 per project aggregate • Certificate Holder -Kittitas County • The Certificate must name the County as additional insured • Thirty (30) days written notice to the County of cancellation of the insurance policy. 3) Stop Gap/Employers liability. • Coverage limits not less than: Professional Services Agreement Page 16 • $1,000,000 each accident • $1,000,000 disease -policy limit • $1,000 ,000 disease -each employee • Thirty (30) days written notice to the County of cancellation of the irisurance policy. 4) Commercial Automobile Liability Insurance. • Automobile Liability for owned, non-owned, hired, and leased vehicles, with an MCS 90 endorsement and a CA 9946 endorsement attached if 'pollutants' are to be transported. • Coverage limits not less than: • $1,000,000 combined single limit • Thirty (30) days written notice to the County of cancellation of the insurance policy. 5) Excess or Umbrella Liability. • The Contractor shall provide Excess or Umbrella Liability coverage at limits of $5,000,000 per occurrence and annual aggregate. This Excess or Umbrella Liability coverage shall apply, at a minimum, to both the Commercial General and Auto Insurance policy coverage. • This requirement may be satisfied instead through the Contractor's primary Commercial General and Automobile Liability coverage, or any combination thereof. 6) Workers' Compensation. • Workers' Compensation in amounts required by law. 6) Pollution Liability. • The Contractor shall provide a Pollution Liability policy, providing coverage for claims involving bodily injury, property damage (including loss of use of tangible property that has not been physically injured), cleanup costs, remediation, disposal or other handling of pollutants, including costs and expenses incurred in the investigation, defense, or settlement of claims arising out of: • Contractor's operations related to this project; and/or • Remediation, abatement, repair, maintenance or other work with lead~based paint or materials containing asbestos; and/or • Transportation of hazardous materials away from any site related to this project . • Such Pollution Liability policy shall provide the following minimum coverage: • $2,000,000 each loss and Professional Services Agreement Page 17 • $5,000,000 annual aggregate Contractor shall furnish the County a Certificate of Insurance with Endorsement as evidence that poliCies providing insurance required by this Agreement are in full force and effect. Contractor hereby waives all rights of recourse, including any right to which another may be subrogated, against Kittitas County for personal injury, including death, and property damage . Contractor's insurance policies required above shall be primary insurance and shall be non-contributing with any other insurance maintained by Kittitas County. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools , Contractor's employee-owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. The Contractor shall have sole responsibility for ensuring the insurance coverage and limits required are obtained by subcontractors. NOTE: No contract shall form until and unless a copy of the Certificate of Insurance with Endorsement, properly completed and in the amount required , is attached hereto. Professional Services Agreement Page 18 Mandatory Proposer Qualifications Section A 1. Thermo Fluids Inc . (TFI) has been in business since 1993 providing used oil recycling and related services to both public and private organizations throughout the Western United States. In April 2015 Thermo Fluids was acquired by Clean Harbors Environmental Services (CHES), the largest waste disposal company in North America. CHES also owns Safety-Kleen, the largest used oil recycling company in the United States. Thermo Fluids continues to operate under its own name and legacy permits and registrations . 2 . All employees working for Thermo Fluids have full train i ng and certifications, for both federa l and state requirements, tha t perta i n to commercial driving and management of hazardous materials such as used oil, spent antifreeze, and other industrial/commercial type waste streams. 3. Applicable permits and licenses that Thermo Fluids has are as follows: a. State of Washington -UBI # 602 094 747 b. EPA 10 Number-WAH000046471 c. U.S . Department of Transportation Haza r dous Materials Certificate of Registration -#062504552024MN d. Facility Financial Assurance Closure Bond -#800008699 In most cases all used oil, spent antifreeze, and used oil filters will be handled directly by Thermo Fluids facilit ies. The only exception to this would be: On an as needed basis, spent antifreeze collected in the Eastern Washington market is shipped to Nuset Industries located at 977 S. 700 W., Salt Lake City, UT 84104 where the antifreeze is refined under a tolling agreement and shipped back to Thermo Fluids for resale into commercial market . This third party recycling company is used by Thermo Flu ids only when internal facility is at maximum capacity for processing. Used oil collected in Eastern Washington market that is not sold within the Northwest as an on-specification fuel (burned for ene r gy recovery) by Thermo Fluids is shipped via railcar to one oftwo re -refineries operated by Safety-Kleen, but also owned by Clean Harbors. One re-refinery is located in Newark, CA and the other is in East Chicago, Ilo 4. Customer References a. Yakima County, 7151 Roza Hill Drive , Yakima, WA 98901. Contact Wendy Mifflin -509-574-2455. Providing service for five years b. Tri-Met, 4012 SE 17th Ave, Portland, OR 97202. Contact Stephanie Colleran - 503-962-2472 . Providing service for 10+ years c. lane County Public Works, 3100 East 1 ih, Eugene, OR 97403. Contact Sarah Grimm -541-682-4339 . Providing service for 10 years . d. Jefferson County Public Works, 632 Sheridan Street, Port Townsend, WA 98368. Contact Jerry Mingo -360-385 -9160. Providing service for 10 years 5 . Proposer has not received a corporate criminal conviction within past three years. 6. Orders, Notices, Citations -see attached RFP form 7 . Proposer IS NOT currently ineligible from doing business receiving monetary benefits with a government agency because of disbarment of suspension by EPA 8. Spill Response a. See Company Spill Response Reporting, Loading/Unloading Policy, and Driver Qualification policies on next page b. If small spill occurs during loading of wastes, Thermo Fluids will generally respond directly with additional driver and equipment resources or if spill is larger than what Thermo Fluids can directly handle, Clean Harbors field Services Group can be mobilized to respond. The CHES Field Services Group's primary business function is site clean-up and emergency response services. Section B 1. Communication Plan - a. Point of Contact for this contract during regular business hours (8:00 am to 5:00 pm) for routine contract requests would be Amanda Mills, Customer Service Representative. As back -up, local Account Manager, Eric Parent is also available if needed. If Tfl is awarded this contract, full contact information for both TFI employees will be provided to the Yakima County . b. Any spills or other incidents that occur during service or transportation activities conducted by TFI for the county will be reported within 24 hours to Yakima County. Per company policy an incident form and number is aSSigned to any spill, aCCident, or injury and this form can be forwarded to county if needed 2. Certification of Disposal Documentation -At time of service proper waste pick-up documentation is generated via TFI handheld point-of-sale device and is left with customer representative. In the event no one is available on site to leave service document TFI can email or fax copy to designated Yakima County representative. At any time copies of service documents are needed, TFI can provide electronically at customer request 3. Spent Antifreeze & Oil Filters -Thermo Fluids will comply with all requirements outlined under this section. All Oil Filters will be recycled at TFl's Clackamas, Oregon facility. Spent antifreeze is shipped either to TFl's Las Vegas, Nevada facility for refining back into new antifreeze, or as noted in #3 above, shipped to Nuset Industries in Salt Lake City, Utah for same process of recycling. 4. Used Oil Collection Sites -TFI proposes to provide same site and tank monitoring service as is being done currently under existing contract . This process consists of a fully screened and trained contract employee who visits each site on a weekly basis to inspect tank condition, clean screen, wipe down tank, and completed a site inspection log. When actual waste pick-up service is performed, TFI will test oil with Chlor-D-Tect prior to pumping. If test detects presence of halogens (chlorinated solvents) in excess of 1000ppm, TFI will lock tank and notify Yakima County. With county's approval TFI can then take representative sample of the suspected contaminated used oil and have it tested to determine proper management of the material. 5. Thermo Fluids does not anticipate the need to use 12,000 gallon tank at the Terrace Heights landfill for storage of Yakima County collected used oil. All used oil collected by TFI will be transp.orted directly back to TFI facility during normal route activites. 6. Tools and Equipment -TFI has all necessary tools and equipment to perform collection activities safely and efficiently. 7. Loading at Owner's Site -No assistance by outside entities is anticipated being needed by TFI to perform loading and collection activities for this contract 8. Transportation Resources -Pricing offered for this RFP include all transportation and service costs related to properly managing Yakima County used oil, oil filters, and spent antifreeze. TFI does not anticipate the need to charge demurrage or layover charges in relation to providing the services outlined in this RFP. 9. Transportation Documentation -In the event contaminated used oil is confirmed, TFI has training, resources, and licenses to compliantly handle the used oil and dispose of it within the CHES network of facilities. Manifests can be provided directly by TFI and will be given to County for signing. Original manifest, once completely signed by all parties, can be provided back to Yakima County within 30 days. THERMO FLUIDS Title: Spill Reporting Policy No: 300.12.00 Issued: 2/11/2010 Revised: 2/21/2013 Originator: Approved: BH PURPOSE: The purpose of this policy is to communicate spills to TFI ma nag ement in a prompt manner so spill can be assessed and the proper response can be coordinated to stop the spill, contain the spill and clean up the spill. DEFINmON: Spills include all d ischarges of any volume of liquid into water or in excess of 1 gallon spilled into the free environment. This definition includes discharges to secondary containment stru ctures. We also report spill "near misses", client caused spills, client overflows from late or missed service events and TFI caused spills wh ich mayor may not have resulted in a release. We categorize spills according to: • Location (TFI property, client property, or public property/highways) • Type (Client caused, TFI caused) • Nature (during transport, during loading/unloading events, during tank transfers, or other) Prudent reporting of releases will minimize impact, reduce clean-up costs and decrease response time. For this reason, TFI requires immediate notification of any known releases at client locations and will assist with release response. PROCEDURE: General Response to Spills: • Notify TFI management, who in turn will mobilize additional resources to help with containment/clean up. TFI management will notify regulatory authorities as required. • Evacuate all non-personnel to a safe distance • Stop or control spill. Refer to the facility Contingency Plan for specific instructions. • If safe to proceed, mobilize immediately available resources to contain spill and clean up. Reporting Requirements: Failure to report an accident in a timely manner is grounds for termination. When safe to do so, immediately notify your TFI Area Manager who will in turn immediately notify TFI EH&s. Page 1 of 2 THERMO I FLUIDS ' The Spill Report is to be completed and submitted to EHS within 24 hours of the accident. All reporting must be done on approved TFI Spill Report Form in Reference library Drug & Alcohol Testing: Employees involved in a spill are required to be subject to an immediate (or as soon as possible) drug & alcohol-screening test. Drug & Alcohol testing are not required for client caused spill and client overflows for missed or late service events. Analysis and Follow-up: Each Spill will be followed up by: • Holding a Incident Review with the TFI EH&S manager, responsible manager and the employee involved. The deliverable from this review is to determine root cause analysis. • Holding safety meetings to discuss the accident at the facility level. • Filing a copy of the spill report in the facility program manual. • Additional follow up with employee as needed (if applicable). Page 2 of 2 ~ THERMO ft' FLUIDS ' Ti t le: Loading and Unl oa di ng Po li cy Policy No : 70.03.00 Issued: 6/22/2009 Re vi sed: 1 /4 /2012 Orig i nator: TH Approved : BH PURPOSE T he purpose of this policy is to provide TFI drivers w it h sa f e and efficient p rocedures for use during bulk truck loading and unloading act ivity. T he fo ll owi ng procedures are to be followed at all times and are to be covered in the new hi re ori entation training . Our goa l is to m inimize environmental impacts and foste r safe beha v ior during every event. BACKGROUND Although the operations of loading and unloading TFI trucks and trailers seem routi ne, you must guard against the dangers of engaging in unsafe practices resulting from complacency, carelessness, personal demands and other distractions. This procedure, coupled with your diligence and helpful supervision , are t he surest ways to guarantee safe load ing and unload ing at all times, and especially durin g demanding times . Safety and concern for you, your customers, the public and the environment is TFI's top priority. Any t ruck loading or unload ing operatio n can onl y proceed once you are sure and confident that you can proceed with safety! Should doubts about safety during loading or unloading arise, do not continue until you have d iscussed the relevant safety issues with your superviso r . Ultimately, you will make the fina l decis ion to load or unload. TFI has developed truck loading and unloading procedures in compliance with the applicable federal regulations, 49 CFR 171 -180, to minimize risk and safeguard against hazards in the workplace. However, these guidelines can only serve as genera l procedures, not step-by- step checklists. If you ever require detailed assistance, you should contact your supervisor. PRO CEDU RE Safety Smokin g a nd Op en Fl a mes Because of the volatile, flammable and explosive cha r acteristics of petroleum fluids, open flames or sparks are an extreme hazard in our workplace. No smoking or ope n flames are allowed in or around your truck or tanks at any time . Follow all non-smoking guidelines as posted by you r cust omer and at TFI facilities . . . T~rmo ~ THERMO ff FLUIDS ThE Responsible Solutio" Vehicle Attendance During loading and unloading operations, you must never leave the operation unattended. Only after all loading and unloading operations have ceased and your truck secured for movement is it permissible for you to leave your station. The use of cell phones is prohibited during the loading / unloading process unless required to communicate safety and operations needs using brief conversations. Cell phone use is ALWAYS PROHIBITED while on the top of a vehicle. Drivers are not to remain in the vehicle cab during the loading and unloading procedure. Failure to attend the fill tank is the leading cause of spills. Brakes must be set to prevent vehicle movement during the loading/unloading process. Tire chocks must be used during the loading and unloading process. Always place safety cones according to the "Use of Cones" Policy. Hazard warning lights on your truck and trailer should be activated at all times during loading and unloading. Venting and Valve Line Up Truck tanks and trailers must be properly vented prior to loading or unloading either by opening the dome hatches or the tank's vent pipe. Pumping against a closed valve can be catastrophic. Be sure that all valves on the discharge side ,of the pump are open before starting the pump. Be on guard for backflow from your truck tank or the tank into or from which you are pumping. Static pressure can cause liquid to backflow and overflow a tank. Unusual Odors and Other Visual or Auditory Signs You should constantly be aware of any unusual odors or other sensory signs. Changes in these signs from what you have come to expect at a customer's facility can raise valuable cautionary flags that tell you to stop and investigate (For example, hazardous solvents or dry cleaning chemicals could have been commingled into the oil). Discuss your concerns with the customer and your supervisor and only commence pumping once you are fully satisfied that you understand what, if anything, has changed and you can proceed safely. ,,"t,"£' ~:. ,~ ,Page 2 , . ,,~ "".' , ~ t THERMO I FLUIDS The Resp oos ;b'e Soi 01l01 Unique Characteristics Be fully aware of any unique safety, traffic, pumping or tank characteristics at your customer's facility (For example, a customer's facility may be remote and unmanned or have unique tripping or falling circumstances). Make it a habit to close and lock gates at unmanned facilities and wear a harness when required. If possible, inform you r dispatcher when you arrive at an unmanned location and when you leave. Follow all safety and operations regulations as posted by your customer. If these conflict with TFI safety and operations regulations, immediately contact your supervisor for guidance. Before arriving at your customer, be sure you know what fluid is to be pumped or de livered . Understand your customer's tank operations, sizes and any other unique characteristics. You should have the customer identify the tank(s) to be drained from or delivered into. Ensure that the tanks are properly labeled. Grounding and Flow Rate Requirements The steps to minimize the possibility of an incendiary spark include the following : Truck loading fill rates, when loading into the top of your truck tank with a downspout, are to be limited to that rate which will result in a linear velocity of less than three feet per second (FPS). The rate is to be maintained until any downspout is submerged. The remaining fill rate, or when loading through a bottom manifold, is not to exceed a rate that will result in a linear velocity of 20 FPS. The following table gives filling rates in gallons per minute (GPM) for various sizes of pipes at 3 FPS and 20 FPS. JPi e Size ' -Fiow Rate @ 3 FPS . Flow Rate @ 20 FPS .'''~ 2" 3" 4" 6" 8" 32GPM 68GPM 125 GPM 280 GPM 460GPM 220GPM 425 GPM .790 GPM 1800 GPM 3200 GPM Ground your truck tank and use a company -supplied grounding cable to drain off any electrical charge accumulated on the tank while traveling on the highway (Bonding or grounding the tank will not, however, provide any protection from a buildup of static charge in the product itself and subsequent discharge to the shell of the tank. Allow the product to relax for at least one minute after you have come to a stop). Static electricity can also build up in the product as it passes through filtration equipment. Page 3 ~ THERMO.. t FLUIDS The Aes;JOnsibJe Solution Be sure to ground the tank --not the power unit, fenders or chassis. If top loading, avoid air or vapor bubbling and avoid free falling of liquid into tanks by using downspouts long enough to be submerged during loading. After top loading, allow one minute of relaxation prior to removing any downspout or inserting a sample catcher or gauge tape. If gauging the truck tank or trailer, your bare hand should be held against the tank to neutralize any difference in electrical potential between your body and the tank. This is especially important if you are wearing rubber-soled shoes, which tend to insulate you from the tank. Hoses, Fittings and Straps Prior to leaving TFI's yard, be sure you have sufficient hoses and fittings to perform your daily tasks. Inspect hoses for any wear and tear. Hoses that appear to be worn, kinked or cracked are not be used. Inspect fittings for loose dog-ears and worn or missing seals. Replace and/or repair as needed to insure safe and tight fits. Securing a fitting on the discharge side of a pump (i.e. with Velcro straps, pins or chains) is advisable, especially if the fitting has loose dog-ears. Pump or truck vibrations can easily dislodge a loose or misaligned fitting. Constantly watch for developing drips or leaks as you are pumping. Correct as necessary to continue pumping. Product Quality, Compliance and Customer Service Product Verification There are numerous incidences of a driver pumping fluid from or into an incorrect tank. Be sure that you are connecting to the correct tank. If you have any doubts, have your customer identify the tank from or into which you are to pump and/or confirm services you are to perform. You should also physically check all valve settings, piping and hose connections to insure that the liquid to be pumped follows the correct path (and only the correct path). , .-"." ," " Thermo Fluids Inc. • J" .... ~,.... I • ~ ~ .... ' '¥t.t% ~ THERMO ft FLUIDS T~. Responsibl. Solut;on Sa m pling There are many ways to samp le a tank. For Clor-D -Tect testing purposes, you should draw a sample that is as representati ve as poss ible prior to pumping ! When off-loading your truck into TFI tanks, a representative sample should be d rawn before off-loading . This sample should be sufficient for tests of ch lorine components (us ing a Clo r - D-Tect Q-4000 test k it), BS&W co ntent (using a centrifuge) and API grav ity. Given the many unique characteristics of our trucks, trailers and tanks, you shou ld work with your superv isor to develop t he most appropriate way to obtain a representative sample of the fluid to be pumped. Th is may require unique sampling tools to penetrate stratified layers to collect a composite sample . Tes t ing (Ref e r also to the Ha loge n T esting Proced ures ) If you are pumping for the first time at a specific location of a new customer, obtain information about the fluid from yo ur customer. This information could include MSDS and/or lab analyses . Also obtain, if available, any customer inventory lists of fluids used at the facility . Clor-D -Tect Q-4000 testing is to be performed at all times prior to pumping used oil from a customer's tank i nto TFI truck tanks and prior to off-loading at a TF I faci l ity. There are no exceptions! If Q-4000 test results are below 800 ppm, the oil may be pumped. The exception is if you are pumping from another used oil collector whose test results must not exceed 500 ppm. If Q-4000 test results are between 800 and 1,000 ppm, the oil may be pumped only after written approval from you r supervisor. If Q-4000 test results are above 1,000 and below 4,000 ppm, t he oil is not to be pumped . Contact your supervisor who will discuss with your customer the procedures to be followed to meet the rebuttal presumption exemption . If Q-4000 test results are 4,000 pp m or higher, the oil is never to be pumped! The oil is hazardous and there are no exceptions. Contact your supervisor who will discuss disposal options w ith your customer. When off-load ing used oil into TFI ya rd tanks, test a representative sample of you r entire truckload for chlorine components using a Q-4000 test (following the guidelines in 5.2 thru 5.6) and BS&W content using a centrifuge. THERMO FLUIDS Tilt Resl,ons bie Solutioll Report the test results and the actual volumes of material pumped on the Facilities Inventory Control Form and initial the results. Recording false or misleading information on the Inventory Control For is grounds for termination . Failure to use the Q-4000 tests as described by the manufacturer and as required by TFI may result in disciplinary action, up to an including termination of employment. Tank Capacity Keeping track in your head of the amount of space left in your truck tank or trailer is important but is no substitute for actual physical measurements! Prior to pumping into your truck tank, you must gauge the amount of space available in the tank through the top dome hatch of the compartment into which you will pump. Do not pump liquid into your tanks so high that it completely fills the dome space. According to the federal regulations ' found in 49 CFR 173.24, you must leave at least 1 0/0 volume unfilled space in your truck tank. Keep in mind this is the minimum requirement --more space should always be left in your truck tank for fluid expansion, especially during hot weather. You must be aware of your vehicle weight. It is the responsibility of each driver to insure that the truck is not overweight because of excels liquid on board. Prior to pumping into a customer's tank, physically gauge the amount of space in the customer's tank. Verify and crosscheck your physical gauge with the customer and make sure you both agree it is safe to proceed. Truck must be parked on flat surface. A truck parked on an angle will spill material through the air vents. Hose Evacuation Procedures Using Pressurized Air Facilities or vehicles equipped with airlines are sometimes used to evacuate hoses in a fast and safe manner. This section applies to TFI employees who use air to evacuate hoses while disconnecting from a tank. Too often spills are attributed to airline pressure used to evacuate a line. High pressure blowing into a full tank may force the tank contents through vents, causing a spill. If possible, begin loading from the rear trailer compartment and progress forward toward the cab. If a second person is involved with a loading/unloading operation, communication between tank operator and driver is required. Tank volume should be gauged prior to applying air to evacuate lines. If the tank is too full, the air will simply push to contents through the tank vent holes . If the tank is too full, pump out some of the contents before evacuating line. You will typically need more than four (4) inches from the top of the tank to the liquid leveL Page6 . ~ THERMO ft' FLUIDS "I he R"s~onsib!e SOlution Add air into the hose slowly so as not to create a burst of energy releasing from the hose. It is not required to completely evacuate the line if you are going to reconnect to the next compartment in succession . Simply move enough material so the end of the hose when raised will not spill when disconnecting and reconnecting. Disconnect and slide hose over to reconnect. The final tank compartment, near the cab, usually remains partially empty due to weight limitations. This leaves more head space available for hose evacuation and will allow you to completely empty the hose prior to disconnecting. Housekeeping Your truck is a highly visible asset in view of the public and our customers. It also supports you in making a living. It is the driver's responsibility to maintain his truck in a clean and presentable condition at all times. A dirty truck is not only a bad reflection on you and the company; it can be a safety hazard which might obscure a leaking connection or other defect. Truck filtration equipment and elements must not be modified or bypassed without approval from your supervisor. Buckets are to always be used under the discharge hose connection to your truck tank or customer's tank. Use buckets wherever and whenever necessary to catch drips and spills. Ensure that the bucket is properly labeled for the material it will contain. All drips and spills must be cleaned up as quickly as possible. Never leave a customer or TFI facility without cleaning up any spill. Immediately report all spills greater than 1 gallons to your supervisor and request assistance. Report any pre:'existing ground stains at a customer's facility to the customer and to your supervisor. Your report will help minimize possible TFI liability in the event that the customer's facility is ever subject to site remed iation. Your truck is to have a TFI-supplied spill clean-up kit that includes, among other items, absorbent granules and pads. Do not hesitate to use the kit! Any time a kit is used, it is the driver's responsibility to replenish its contents. Prior to departure from any loading or unloading stop, check dome lids and valves to insure that they are properly closed and fastened. Check all hoses and manifold connections to insure that they are properly plugged, capped and stored. ilii,t; Page 7 >-_ ~_ , :.!t THERMO $ FLUIDS The ResponSible Solution Credit and Pa perwork Confirm payment status which may include: COD -cash{ check Cred it -Accounts Receivable Credit -Accounts Payable Credit Card payment -(all Betty Tomasello at (602) 272-2400 to complete credit card payment transaction Completed paperwork can include: Invoices Used Oil Manifests Used Oil Fuel Manifest Bills of Lading Daily Envelopes and, where indicated, require the following information: Customer name Customer (dispatch) number Customer P.O. number (if required) Job-site and billing addresses Customer telephone number (preferably for a customer contact at the job site) TFI manifest number Transporter name Shipper name EPA 1.D. number (if the customer is a conditionally exempt small quantity generator{ write "CESQG" in the space allocated for the EPA number.) Quantity and billing totals Halogen test results Customer/generator Signature and printed name Driver Signature, truck number and date Under no circumstance should you allow the customer to fill out or complete TFI paperwork. Always get the customer to sign the pick-up ticket. No exceptions! Do not allow another TFI driver to complete your paperwork or to sign for work that you do. Completed paperwork is be submitted to your supervisor at the close of each day for submittal to TFI's accounting group on Wednesday and Friday. ! ,;t!, ..:; " ~ ,~, :" .. . • " "'0 " " ," ~ ~ r ¥ 'r' --• , .... . ' ',' ..' . . JThermo Fluids .Inc. tt ,'t'£1 .. ~ ~ . ~ ~ ~.1' " -. ,..,.", • -~ "'_, ~. _ ~, :\ , "I',.. ~ "" ...... ', _--_ T: • ~ w' ,-", .: Page 8 . . ~: ~ THERMO It' FLUIDS Complete a daily envelope even for days not worked such as holidays, vacation days and sick days. Shipping documents shall reflect the proper shipping name used oil/burner fuel and/or antifreeze. If offering a hazardous substance, the tank car shall be appropriately placarded. The shipping name for antifreeze and used oil/burner fuel are listed below. \IRQ, UN3082, Environmentally Hazardous Substance, Liquid, N.O.s. (Ethylene Glycol), 9, PG III" "NA 1993, Combustible Liquid, N.O.S., PGIII (Used Oil Fuel)" "Used Oil" (If flash point >200F. Use label, contact Phoenix) . ~ ,., , Page 9 . • ~.-..!... ..... " ... ~ * THERMO ft' FLUIDS ' The Responsible Solution Title: Category : Status: PURPOSE: Driver Qualification Transportation (DOT) Active Policy Number: Issue Date: Expiration Date : Policies & Procedures 070 .11 .00 09/17/2007 The Goal is a safe driving fleet. TFI strives to reduce vehicle accidents and spills by hiring qualified drivers . This policy identifies minimum safety guidelines to qualify potential applicants for a driving position. Every TFI applicant considered for driving TFI vehicles over 10,001 pounds shall maintain a . completed driver qualification file for the length of his or her employment. BACKGROUND: This policy will outline the minimum Department of Transportation (DOT) dri ver qualification requirements for hire at TFI. Each driver selected for hire must complete required pre-hire forms. The TFI area managers initiate the driver qualification process . Under no circumstances are new-hires to begin driving TFI vehicles with an incomplete driver qualification file. All forms are in the TFI reference library in the Forms & Templates section . In the library, navigate to the Human Resources category and select New Hire Packet-Driver. Open the adobe PDF file and print the file . The list in Table 1 outlines the forms and who is responsible for completing them. It is estimated the process will require 3-5 business days and managers should plan accordingly . During this review period it is recommended to have the new hire complete the TFI New Hire Job Training Checklist,and New Employee Orientation Checklist. Both forms are located in the TFI reference library in the Human Resources category. PROCEDURE: 1. Complete New Hire Packet-Driver forms. Instructions for submitting documents are located in the New Hire Packet-Dri ver. 2. Review the forms for completeness . Timely , neat and complete forms will speed up the hiring process . 3. Forms should be submitted to Human Resources. 4. The DOT file will be stored and managed at the corporate office. 5. Management of the files will managed by TFI EH&S. Annual MVR inquires, filing annual employee motor violation forms and record keeping of biennial DOT physicals will by completed by TFI EH&S . Table 1 TFI Driver Forms Receive Forms From Forms Due TFI DOT Application New Hire One-Time Motor Vehicle Report (MVR) TFI-Phoenix Annual Road Test TFI-Hire Location One-Time Copy of Physical New HireITFI-Phoenix Biennial Medical Card New Hire Biennial Drug Test Results New HireITFI-Phoenix Pre-employment, random testing and post-accident testing Chain-of-Custody New Hire Pre-employment, random testing and post-accident testing Written Exam New Hire One-Time Violation Review Form New Hire Annual Copy of Driver License New Hire One-Time TFI Policy receipt New Hire One-Time Previous Employer Inquiry TFI-Hire Location One-Time TFI Drug/Alcohol Testing New Hire One-Time Consent Single Drivers License Form New Hire One-Time Certificate of No n-driving New Hire One-Time Employment Consumer Report New Hire One-Time Driver Data Sheet New Hire One-Time "NOTE: TFI Area Manager responsible for hiring employee must collect and submit required forms ALL POLICIES & PROCEDURES ARE SUBJECT TO CHANGE AT ANYTIME WITHOUT NOTICE CLEAHAR-01 SHELTONJE ACORDft CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 3/24/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~~~CT Willis Towers Watson Certificate Center Willis of Massachusetts, Inc. rlJgN~o Extl: (877) 945-7378 I r..e~ No): (888) 467-2378 clo 26 centu~ Blvd E·MAIL C rtT t '@1 ·11" P.O . Box 305 91 ADDRESS: e I Ica es WI Is.com Nashville, TN 37230-5191 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: ACE American Insurance Company 22667 INSURED INSURER B : American Guarantee and Liability Insurance Company 26247 Thermo Fluids Inc. INSURER c : Indemnity Insurance Company of North America 43575 14624 N. Scottsdale Rd., Suite 300 INSURER 0: Scottsdale, AZ 85254 INSURERE: INSURERF : COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VIIITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL ISUBR 1(~~Mg~) 1(~g76g~) LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 r--:J_ CLAIMS-MADE 0 OCCUR ~~~~~~~ YE~~~~~nce) X X HDOG2740067A 11/0112015 11/01/2016 $ 500,000 r-x XCU MED EXP (Anyone person) $ 5,000 r-x Contractual PERSONAL & ADV INJURY $ 2,000,000 r-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 R POLICY 0 ~r8T 0 LOC PRODUCTS -COM PlOP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY fE~~~~~~t~INGLE LIMIT $ 5,000,000 f-=-=- A X ANY AUTO X X ISAH08860889 11/01/2015 11/01/2016 BODILY INJURY (Per person) $ r-x ALL OWNED -SCHEDULED BODILY INJURY (Per aCCident) $ ~ AUTOS -AU TOS .!-HIRED AUTOS NON-OWNED rp~?~~C~d~~t?AMAGE $ -AU TOS X MCS-90 $ X UMBRELLA LlAB M OCCUR EACH OCCURRENCE $ 10,000,000 -B EXCESS LIAB CLAIMS-MADE AUC 4275262-11 11/01/2015 11/01/2016 AGGREGATE $ 10,000,000 OED I X I RETENTION $ 0 $ WORKERS COMPENSATION X I ~ffTUTE I IOTH- AND EMPLOYERS· LIABILITY ER C YIN X WLRC48592739 (AOS) 11/01/2015 11/01/2016 2,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 2,000,000 ~m:~f~irg~ O'~gPERATIONS below E.L. DISEASE -POLICY LIMIT $ 2,000,000 A Workers Compensation WLRC48592715 (AZ, CA, MA) 11/01/2015 11/01/2016 See Attached DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Kittitas County is named as an Additional Insured for General Liability and Auto Liability as their interests may appear if required by written contract but only with respect to liability arising out of operations of the Named Insured. It is understood and agreed that the company waives its right of subrogation which may arise by reason of a payment of claim under the General Liability, Auto Liability, Worker's Compensation policy(ies) as required by written contract where allowed by state law. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Kittitas County f1~ 925 S. Industrial Way IEliensburg, WA 98926 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGE SCHEDULE COVERAGE LIMITS POLICY TYPE: Workers Compensation & Employers Work Comp -Per Statute Liability E.L. Each Accident $2,000,000 CARRIER: ACE American Insurance Company E.L. Disease -Policy Limit $2,000,000 POLICY TERM: 11/01/2015 -11/01/2016 E.L. Disease -Each Employee $2,000,000 POLICY NUMBER: WLRC48592715 (AZ, CA, MA) POLICY TYPE: Professional Liability $10,000,000 Each Claim CARRIER: Illinois Union Insurance Company $10,000,000 All Claims POLICY TERM: 11/01/2015 -11101/2016 $250,000 SIR POLICY NUMBER: COO G27416603 001 POLICY TYPE: Contractors Pollution $10,000,000 Each Claim CARRIER: Illinois Union Insurance Company $10,000,000 All Claims POLICY TERM: 11/01/2015 -11/01/2016 $250,000 SIR POLICY NUMBER: COO G27416603 001