REQUEST FOR PROPOSAL FOR THE COLLECTION, TRANSPORTATION, RECYCLING AND/OR DISPOSAL OF UNWANTED/UNUSABLE HOUSEHOLD HAZARDOUS WASTE

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1 REQUEST FOR PROPOSAL FOR THE COLLECTION, TRANSPORTATION, RECYCLING AND/OR DISPOSAL OF UNWANTED/UNUSABLE HOUSEHOLD HAZARDOUS WASTE I. SCOPE/BACKGROUND: The Carroll-Columbiana-Harrison Joint Solid Waste Management District, aka CCH Environmental Group ( District ) is seeking qualified contractors to provide services for proper collection, transportation, recycling and/or disposal of household hazardous waste ( HHW ), such as unwanted/unusable oil-based paint, paint related aerosols, pesticide liquids, cleaners, re-actives, antifreeze, and others as set forth in Attachment C. At a minimum, the District is proposing to hold a HHW Collection in each of our counties, although there is no guarantee that the District will hold any collections in The dates below have not been approved by the hosting communities or the District s Board of Directors. They are tentative dates. Every effort will be made to provide as much advance notice as possible of any change in dates, with at least 30 days minimum advance notice guaranteed. Harrison County Fairgrounds Saturday, May 19, Grant Street, Cadiz, OH Columbiana County Fairgrounds Saturday, June 2, Salem Unity Road, Salem, OH Carroll County Fairgrounds Saturday, June 16, Kensington Rd, NE, Carrollton, OH The District also plans to hold HHW events in 2019 and 2020, but does not guarantee that they will hold collections in all three counties in any of the three years. The objective of the events is to provide households in the District with an opportunity to turn in unwanted HHW for proper recycling and/or disposal. A maximum of 100 pounds of HHW per household will be accepted. The District intends to inform residents that latex paint, empty paint cans (with dried paint), motor oil, lead acid batteries or propane cylinders will not be accepted at the Collection. However, it is possible that residents might bring these items to the Collection and the Contractor must accept these items during the Collection. The District has outlets for the propane cylinders and will handle any of those that may be brought to the collection. The Contractor must possess the necessary experience, expertise, knowledge and ability to conduct handling, identification, recycling and/or disposal of HHW. The selected firm will provide all expertise, labor, materials, equipment, services, performance bonds to fulfill all terms and conditions of the awarded contract. The firm must be able to fulfill all terms and conditions without subcontractors except for transporting, recycling, incineration or landfill. Qualified firms are requested to respond to this Request for Proposal ( RFP ) if they can provide services of storage, packaging, labeling, transporting and record-keeping related to the safe and proper collection and shipment of the HHW to an approved recycling, treatment and/or disposal facility.

2 II. CONTRACTOR ASSUMPTION OF GENERATOR AND SHIPPER STATUS: District residents will transport HHW to the collection site. The Contractor will expressly assume the status and obligations of a generator and a shipper for all shipments of HHW collected as part of the Collection, as those terms are defined in the applicable DOT and U.S. EPA regulations. The District and the Collection participants will not be required to obtain generator numbers. III. AWARD: The proposal will be awarded based on the consideration of all the items listed under Article VI. Proposal Evaluation hereof and meeting all specifications as stated herein. THE SELECTED CONTRACTOR WILL BE REQUIRED TO ENTER INTO A SEPARATE AGREEMENT WITH THE DISTRICT IN SUBSTANTIALLY THE FORM SET FORTH IN ATTACHMENT A WITHIN THIRTY (30) DAYS OF THE NOTICE OF THE CONTRACT AWARD. IV. PROPOSAL REQUIREMENTS: A. Each proposal must be double sided; binding is optional. Proposals should be printed on recycled content paper and identified as such. B. All proposals must include a copy of the Contractor's current insurance certificate(s). C. Each contractor presenting a proposal in response to this RFP shall develop a Collection Plan, which addresses, at a minimum, the following information (all information must be presented in the order listed below): 1. Contractor Identification and References (i) Each proposal must specify the name of the firm or individual submitting the proposal, the street address, mailing address, telephone number, and the key individual that will be responsible for the Collection, if awarded a contract. If the firm or individual has its home office in another state and a regional office in Ohio, the proposal must identify street address, mailing address, and telephone number of each office. If the firm or individual s accounting and contract office differs from the above addresses, this address, telephone number, and responsible individual must also be specified. Subcontractors can be used by the contractor for transportation, recycling, landfill or incineration only. The Contractor and all subcontractors must be incorporated in or authorized to do business in the State of Ohio. (ii) (iii) (iv) The contractor must demonstrate its company or corporate qualifications, including prior experience in similar Collections or waste handling activities. The contractor must list its EPA identification number for handling hazardous waste. EPA identification numbers must also be listed for any subcontractors to be used. The contractor must include a copy of its DOT permit to transport hazardous waste pursuant to OAC Copies of permits must also be included for any subcontractors to be used for transportation services.

3 (v) The contractor must provide four (4) references of most recent customers (2016 and 2017) receiving similar services as described in this RFP for collection, handling, transporting, and disposing of hazardous waste. 2. Collection Description, Operations and Management Proposals must describe in detail methods by which the contractor will: (i) prepare or set up the collection sites, also describe all equipment and supplies to be provided; (ii) provide experienced, on-site personnel. Proposals must include the qualifications of key personnel; (iii) (iv) (v) (vi) (vii) conduct safe procedures at the collection sites, including a safety plan. Proposals must include a description of the contractor s plan that ensures environmental and public safety; ensure the security of the accumulated HHW while in temporary storage, including a description of each storage location and degree to which storage facility meets requirements of OAC Chapter and 40 CFR 262; contain, control and clean up any spills occurring during collection, packaging or storing HHW to protect the public health and the environment; dispose of and/or recycle all containers, including aerosol cans, which contained HHW. (The District will provide dumpsters and pay for the disposal of all solid waste); and restore the Collection site to the satisfaction of the District. Contractors shall not damage any infrastructure during the collection, including setting up tents on asphalt surfaces that require driving stakes into asphalt, and will leave the site clean of any debris. 3. Waste Characterizing and Packaging. Proposals must describe in detail the following: (i) Methods of screening of acceptable/unacceptable HHW and identifying them, where applicable. (ii) (iii) A description of the process for sorting, segregating, processing and packaging HHW, including the types of containers which will be used for packaging, storage, and shipping of the HHW to the treatment, recycling, or disposal facilities. The record keeping methods to provide a complete log of the HHW by collection site (which shall include the total pounds of HHW collected at each event), shipping container device and number, waste characteristic(s) and the

4 destination facility in order to fully account for all HHW from the point of collection (source) to the point of reuse, recycling, treatment and/or disposal. 4. Labeling and Marking. Proposals must describe in detail the following: (i) A labeling and marking system for the containers as required by OAC Chapter and 40 CFR Part Transportation. Proposals must describe in detail the following: (i) Vehicles which will be utilized to transport HHW to the destination facilities. (ii) (iii) (iv) The placarding of each transportation vehicle as required by OAC Chapter and by 40 CFR Part 262. Actions to comply with the manifest system of record keeping as required in OAC Chapters and and by 40 CFR Parts 262 and 263. Emergency actions necessary to protect public health and the environment in the event of a discharge of the HHW during transportation as required by OAC Chapter and by 40 CFR Part Treatment and/or Disposal. Proposals must describe in detail the following: (i) The facilities which will be used for final treatment and/or disposal, including permit status and compliance status (40 CFR Parts 264 and 265). (ii) Any circumstances which could cause delays at proposed facilities to achieve treatment or disposal. 7. Pricing (i) Contractors are strongly advised to review Attachment B, which details the total amounts of HHW collected in pounds by category and quantity for some categories of HHW in each county during previous collection events. (ii) (iii) We are asking for Proposal pricing for the next three years ( ). The Proposals must set forth the cost per pound to be paid by the District to the Contractor for HHW actually collected regardless of category and quantity and transported, recycled and/or disposed of by the contractor. Contractors must complete Attachment C in its entirety without modification, change and/or addition. Failure to do so may constitute grounds for proposal rejection. Each Contractor's completed pricing sheet ( Attachment C ) must either be placed at the front of the proposal (behind the cover sheet) or tabbed and identified for convenient reference by District staff. The District is also allowing contractors to submit an alternate pricing schedule, in addition to the pricing method described in 7(ii) above. In order for alternate pricing to be considered, contractors must also submit a pricing schedule using Attachment C as outlined in 7(ii) above. Contractors submitting alternate

5 pricing schedules must provide pricing based on the materials listed in Attachment C. Alternate pricing schedules based on weights of individual materials must identify how these weights will be determined (e.g., scale on site, weighed at the facility). Should the District choose an alternate pricing schedule, the District will still require that all HHW material be weighed at the collection event, as it is being unloaded from residential vehicles, on a scale provided by the contractor, as identified below. Due to the volume and number of cars coming through the Columbiana County Collection Event, materials may need to be weighed after they have been packed for transport and before they are loaded into the truck. The District Director and Contractor will determine the best course of action prior to the event. V. ESTABLISHED BUSINESS: To be considered responsive, the contractor must, at the time of submission of their proposal, be an established business firm with all required licenses, bonds, facilities, equipment and trained personnel necessary to perform the work in this RFP. Proof may be required upon request by the District. VI. PROPOSAL EVALUATION: Proposals will be considered on the basis of: A. the cost per pound to be paid to the contractor for HHW actually collected on each collection day and transported, recycled and/or disposed by the contractor. Alternate pricing will be evaluated based on historical weights of materials collected; B. company or corporate qualifications, including demonstrated prior experience in similar collections or waste handling activities; C. quality of the Proposal and clarity, organization and completeness of the Proposal; D. key individual qualifications of those persons who will be on site and responsible for execution of the Collections; E. Compliance with federal and state laws and rules: 1. All contractors must have submitted and obtained the EPA identification number for handling hazardous waste; 2. All contractors must have applied for and received a permit to transport hazardous waste pursuant to OAC ; and 3. All contractors must comply with the appropriate provisions of OAC Chapter including packaging, labeling, mailing, manifesting, spill response and other appropriate requirements of the rules. F. a demonstration in the proposal that all aspects necessary for successful and timely implementation and completion of the Collection is addressed in the contractor s proposal,

6 including the trained personnel, equipment, methods, and facilities for the safe and proper collection, identification, storage, packaging, labeling, transporting, treatment, disposal and record keeping; and G. positive performance review by four (4) references of most recent customers receiving services for collecting, identifying, handling, and disposing of hazardous waste. H. the ability for a contractor to provide service on the collection dates specified. The contract will be awarded to the company that the Board determines are in the best interest of the District and its residents. The Board reserves the right to consider factors such as price, previous history, environmental factors, economic value to the District, all elements entering into the question of determining the ability of the contractor(s) to perform the requirements of the contract satisfactorily and overall benefit to the District when making its determination. The Board of Directors reserves the right to waive any informalities or irregularities, accept or reject any or all proposals, or any part or parts of any proposal and to determine the best proposal. Any proposal, which is incomplete, conditional, obscure or contains irregularities of any kind, may be cause for rejection of the proposal. There is no guarantee that the District will award a contract for any proposal submitted. VII. PERFORMANCE BONDS: The successful contractor will be required to furnish a performance bond in the amount of $5,000 for one event, $10,000 for two events and $15,000 for three events; the condition of which shall be the full and complete execution and performance of each and all terms contained in the Agreement set forth in Attachment A hereto. The Contractor shall pay for the entire cost of the bond(s). VIII. INSURANCE REQUIREMENTS: The successful contractor will, at its own expense, be required to obtain and keep in force Workers Compensation and Employer s Liability and/or Contractor s Insurance in the amounts, and pursuant to the requirements stated in Article VI, Section 2 (a through f), inclusive of the Agreement set forth in Attachment A hereto. IX. BASIS FOR REJECTION OF PROPOSALS: A. The District reserves the right to reject any and/or all proposals. It is at the discretion of the Board of Directors as to whether collections will held in all three counties during the same year, or spread out over the three year contract period. The final award of this contract is contingent upon available funding and at the discretion of the Board of Directors. Additionally, any proposal submitted in response to this RFP may be rejected from consideration by the District if: 1. the proposal does not substantially contain all information as requested in this RFP and as necessary for evaluation as indicated above; or 2. the person or firm has been suspended, debarred or voluntarily excluded under 40 CFR Part 32; or

7 3. the proposal does not demonstrate the contractor s ability to perform the work tasks as specified; or 4. any modification, addition and/or change of Attachment C not authorized by the District; or 5. the District encounters an unforeseen financial situation at the time of contract award 6. proposals that suggest alternate collection dates other than what is listed in Attachment C. X. QUESTIONS OR COMMENTS ON THIS REQUEST FOR PROPOSAL: Any questions or comments on this RFP must be in writing, via fax, mail or and directed to the District Contact identified in Article XII below by Midnight, November 17, Written responses to questions or comments will be faxed or ed by November 22, If there is any contradiction between the RFP and any written clarification to the RFP, the written clarification(s) will supersede the RFP. No questions or clarifications of either the RFP or the proposals received will be allowed after the proposals are opened on November 30, Unless requested by the Board or Bid Committee, contractors will not be entitled to address the District staff, Bid Committee and/or Board with respect to their proposals after proposals are opened on November 30, XI. SUBMITTAL OF PROPOSALS: Each contractor must deliver one double-sided original copy of the Proposal in a sealed envelope, marked HHW Proposal to the District Contact (Article XII) no later than 4:00 p.m., Eastern Time on Wednesday, November 29, The proposals will be opened at 2:00 p.m. on November 30, 2017, at the Carroll County Commissioners meeting room at the Carroll County Courthouse, Public Square, Carrollton, Ohio. The proposals will be opened, read, and tabled for review by the Bid Committee for recommendation to the Board of Directors at our meeting on December 18, Proposals must include the name, address, phone number and address of an authorized company representative. XII. COLLECTION CONTACT: Barbara Walton, Director CCH Environmental Group 618 Canton Road, NW, Suite B Carrollton, Ohio barb@cchenvironmental.org Phone/Fax: (330)

8 ATTACHMENT A AGREEMENT THIS AGREEMENT ( Agreement ) is entered into by and between the Carroll-Columbiana-Harrison Joint Solid Waste Management District, a political subdivision organized and existing under the laws of the State of Ohio (hereinafter the District ) and, existing under the laws of the State of Ohio (hereinafter the Contractor ), hereinafter collectively the Parties. WHEREAS, the District wishes to facilitate HHW recycling and/or disposal wherein households are offered an opportunity to turn in HHW for proper recycling and/or disposal (the Collection(s) ); and WHEREAS, the District made its award to the Contractor based on its response to the District's Request for Proposal (the RFP ) and the District has determined to enter into this Agreement pursuant to the RFP; and WHEREAS, the Contractor has the necessary personnel, experience and expertise to organize and oversee all phases of collection, recycling and/or disposal of HHW for the Collection(s). NOW THEREFORE, in consideration of the mutual promises and obligations contained herein, the District and the Contractor agree by and between themselves as follows: Article I - Scope of Work 1. During the term of this Agreement, the Contractor shall organize and perform the services set forth in this Article I of this Agreement. Such services shall be performed on one or two day(s) Collection(s) during the term of this Agreement. 2. The Contractor shall accept at the Collection event and process for transportation all the HHW listed in Attachment C. Unless authorized by the District staff at the Collection event, the Contractor shall not accept lead-acid batteries, latex paint and/or motor oil at the Collection event. 3. The Contractor shall furnish the necessary trained personnel, equipment, and other services to assure the satisfactory performance of the work hereunder. 4. The Contractor shall cooperate with the District in planning, organizing and publicizing the Collection. The Contractor shall also cooperate with the District in the change of the Collection date, if necessary, and in the selection of locations for the Collection. The District shall make all necessary arrangements to secure satisfactory ingress and egress to such locations for residents participating in the Collection. 5. The Contractor shall provide for mobilization to and demobilization from the Collection location and shall assure that the Collection location is returned to the same condition they were in prior to their use for the Collection. The Contractor will be responsible for sorting, maintaining inventorying, packaging, storing, and transporting the HHW collected to recycling, treatment and/or disposal facilities. The Contractor will be responsible for site safety, preparation, and security, including placement of berms, tarping the areas and arranging for awnings to be set up, if necessary, spill containment and cleanup, and site restoration. All HHW must be packaged and transported off-site by the end the Collection event.

9 6. The Contractor will provide portable scales with a platform size of 4 feet by 4 feet, to the satisfaction of the District, capable of weighing a minimum of 1,000 pounds of HHW. The Contractor, in the presence of District officials, must verify the accuracy of all portable scales using a certified 50-pound test weight. The Contractor will provide a minimum of two such portable scales for the Collection. The Contractor will be responsible for unloading HHW from participants vehicles and segregating the material in accordance with United States Department of Transportation ( DOT ) regulations, United States Environmental Protection Agency ( EPA ) regulations, and any other federal, state, or local laws, rules, regulations, or ordinances governing the packaging, shipment, and recycling and disposal of such materials. Once segregated and prior to loading onto Contractor s truck for transportation, the containers will be weighed by Contractor. District staff will be responsible only for recording the weights of HHW. Copies of the District s weight logs will be provided to Contractor. 7. The Contractor shall assure that all HHW collected at the Collection is properly classified, packaged, manifested, loaded, and segregated in accordance with DOT regulations, EPA regulations, and any other federal, state, or local laws, rules, regulations, or ordinances governing the packaging, shipment, and recycling and disposal of such materials. The Contractor expressly assumes the status and obligations of a generator and a shipper for all shipments of HHW accumulated as part of the Collection, as those terms are defined in the applicable DOT and EPA regulations. 8. The Contractor shall provide for transportation of all HHW accumulated during the Collection to a designated and permitted treatment, storage and disposal facility, or a properly permitted recycling facility, as required by federal, state, and local laws and regulations. All collection, recycling and/or disposal services rendered shall be F.O.B. and prepaid to any destination. 9. The Contractor agrees to perform all services hereunder in a safe and workmanlike manner, and in full compliance with all applicable laws, regulations, and ordinances of any federal, state and/or local governmental entities. The District agrees to cooperate fully with the Contractor to minimize any safety risks during the Contractor s performance of the services provided hereunder, including, but not limited to, assuring that any employees or agents of the District present at the Collection use appropriate personal protective equipment, follow restricted area rules, and follow appropriate waste handling procedures, as instructed by the Contractor. 10. The Contractor shall not damage any infrastructure during the collection, including setting up tents on asphalt surfaces that require driving stakes into asphalt, and will leave the site clean of any debris. 11. The Contractor may, from time to time as it deems appropriate, communicate specific requests to the District concerning the performance of the work under this Agreement. Upon such notice, the District shall use its best efforts to fulfill such requests. These requests are for the sole purpose of performing the specific tasks necessary to ensure satisfactory completion of the work described in this Agreement, and shall not be deemed to amend or alter this Agreement or any part thereof.

10 Article II - Consideration 1. The District will pay the Contractor for the total weight of the HHW accumulated on each of the three Collections multiplied by the unit price per pound listed in Attachment C. 2. Within thirty (30) days following the conclusion of the Collection, the Contractor will submit to the District an invoice for payment and the Report indicated in Section 2 of Article III. The invoice shall contain: a. the name of the Contractor and Federal ID number; b. the invoice date; c. the date and location of the Collection, actual total pounds of HHW collected based on the records provided by the District and charges, which must conform to Attachment C ; and d. the total amount due to the Contractor. 3. The District shall make payment to the Contractor within thirty (30) days of receipt of a properly completed invoice, provided there is no dispute in the charges. Any dispute and request for further information from the District as required in this Agreement may delay the payment beyond 30 days. Article III - Required Records 1. Any records kept regarding the Collection by the Contractor or the District shall be kept in a manner so that they can be readily located by the Contractor or the District. The Contractor shall maintain copies of all manifests, shipping papers, and other information required by federal, state, or local laws and regulations and shall also maintain a complete log of HHW accumulated at the Collection site (including the total number of vehicles and the total pounds of HHW accumulated at the Collection site during the Collection), shipping container device and number, waste characteristic(s) and the destination facility in order to fully account for all HHW from the point of collection (source) to the point of reuse, recycling, treatment and/or disposal (the Required Records ) for at least three (3) years following completion of the Collection, and shall notify the District prior to the destruction of any Required Records, and offer the District the opportunity to obtain copies of any such records for its own use. 2. After completion of the Collection, the Contractor will prepare a summary report for the District (the Report ). This Report will provide information and statistics regarding the total pounds of HHW collected under each category of HHW as stated in Attachment B for the Collection site, and manifests prepared by the Contractor. This Report will be completed within 15 days of completion of the Collection, will be available to any interested party, and can be used for any purpose by the District. Article IV - Taxes, Fees, Permits and Licenses The Contractor shall pay for and maintain in current status any and all taxes, which are necessary to contract performance, at no additional cost to the District. 1. The Contractor shall pay for and maintain in current status, any license fees, assessments, permit charges, etc., which are necessary for contract performance. It is the Contractor s sole

11 responsibility to monitor and determine any changes or the enactment of any subsequent regulations for fees, assessments or charges and to immediately comply with changes or regulations during the entire term of this Agreement. 2. The Contractor shall secure and maintain any licenses and permits necessary for transportation of hazardous waste in Ohio and any other states through which wastes will be transported. Article V - Responsibilities 1. The Contractor shall become familiar with and abide by current federal laws and regulations, state statutes and rules, and local ordinances which could impact pricing or performance. The Contractor shall comply with all applicable federal and state laws and regulations and all subsequent amendments thereof including, but not limited to the following: a. Ohio Solid and Hazardous Waste Management Law (ORC 3734) and Ohio Solid and Hazardous Waste Rules (OAC Chapters and through 69). b. Federal Occupational Safety and Health Act of 1970 (OSHA). c. Federal Resource Conservation and Recovery Act of 1976 (RCRA). d. Federal Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA). e. Federal Hazardous Material Transportation Regulations (49 CFR 172). f. Water Pollution Control Act (ORC 6111). g. Federal Hazardous and Solid Waste Act of The Contractor shall report the following during the Collection contract period: a. A spill incident report for each spill containing the information required by OAC Chapter and 40 CFR Part 263. b. Any land ban exemption notifications provided to EPA. c. Manifest discrepancy reports, if necessary. d. Certificates of final treatment and/or disposal. Article VI - Performance Bond and Insurance 1. The Contractor shall, at its own expense, furnish a performance bond in the amount of ($5,000, $10,000, or $15,000), the condition of which shall be the full and complete execution and performance of each and all terms contained in this Agreement. The performance bond will be renewed each year of the contract. 2. The Contractor shall, at its own expense, obtain and keep in force Workers Compensation, Employers Liability and/or Contractor s Insurance in amounts as stated below to satisfy all claims that might arise from its acts or those of its employees and agents until completion of this Agreement. Within fifteen (15) days of the effective date of this Agreement, but prior to the collection date, the Contractor shall furnish the District copies of insurance certificates evidencing that such insurance is in effect. The District reserves the right to verify the effectiveness of the Contractor s insurance while this Agreement is in effect. Failure to provide such certificates may result in cancellation of this Agreement. All required insurance except that provided under the Pollution Liability policies shall be on an occurrence basis which

12 ensures coverage for the period of insurance even if the claim is made after the insurance period. a. Comprehensive General Liability: Combined Bodily Injury and Property Damage Limits of $5,000,000 Each Occurrence, $6,000,000 Aggregate; Automobile: Combined Bodily Injury and Property Damage Limits of $1,000,000 Each Occurrence. b. Insurance policy(ies) shall include the following provisions: i. The District shall be listed as an additional insured to the extent of the Contractor s obligation to indemnify the District. ii. The Contractor s policy(ies) shall be primary over any other valid and collectible insurance for those acts and omissions arising out of the Collection. iii. A thirty (30) calendar-day written notice shall be given to the District prior to termination of, or any material change to the policy(ies) as it relates to this Agreement; provided further that in the event of cancellation for non-payment of premiums, such notice shall not be less than ten (10) calendar days prior to such date. c. Comprehensive Liability Insurance may be provided under separate policies and shall include Comprehensive General and Automobile Liability, Public Bodily Injury, Personal Injury and Property Damage Liability Insurance. The coverage provided shall protect against claims for personal injury, bodily injury, (including illness, disease and death) and property damage caused by an occurrence arising out of or in connection with the performance of this service by the Contractor or any of his employees. d. The limits of all insurance shall be no less than the minimum amounts as specified under Article VI, Section 2(a) above. However, coverage in the amounts of these minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits. e. The Contractor shall list the property owners of the Collection Site as an additional insured on its general and automobile liability policies. Such policies may contain a provision limiting the Contractor s liability to damages approximately caused by the Contractor or any of its employees, agents or representatives. f. The Contractor shall obtain Pollution Liability Insurance, including environment impairment liability endorsements, in the minimum amount of $1,000,000 per occurrence and $4,000,000 in aggregate, inclusive of legal defense costs. The District is to be an additional insured for such coverage. Article VII - Relationship of the Parties 1. It is expressly understood that the District and the Contractor are independent of one another, and that neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other. 2. Pursuant to U.S. EPA and DOT regulations relating to hazardous waste, the Contractor assumes the status and obligations of a generator and shipper for all HHW collected

13 during the Collection under the terms of this Agreement. The Contractor shall be responsible for or shall require its subcontractor(s) to be responsible for filing any notifications and/or securing any permits, licenses, or other authorizations required to carry out the Collection. Article VIII - Indemnity and Notice of Pending Actions 1. The Contractor shall indemnify and hold the District harmless for any and all claims, damages, lawsuits, costs, judgments, expenses or any other liabilities (including attorneys fees) which arise as a result of the services performed by the Contractor or its employees or agents, which is in any way connected with or based upon services rendered in performance of the Contract. 2. Upon receipt of notice of the commencement of any action whose outcome may affect the rights, powers, obligations, or privileges granted under this Agreement, the Party receiving notice shall provide a copy of the claim, demand, or notice within three (3) business days to the other Party, who shall have the right, but not the obligation, to appear in and defend such actions at its own expense. Article IX - Conditions and Warranties 1. The Contractor warrants that it has the necessary background, training, and skills to provide the District with the essential services required for performance and completion of the tasks and services set forth herein and will use its best efforts in the performance of the Scope of Work of this Agreement. Best efforts shall be defined as being efforts performed in a workmanlike manner according to the highest professional standard for the purpose intended. There will be no breach of this covenant if the Contractor is prevented from maintaining this standard by causes wholly beyond its control and without any default on its part. Article X - Suspension of Performance 1. Except in the case of delay or failure resulting from a Force Majeure event (as defined below), and without fault or negligence, either Party shall be entitled, upon five (5) days prior written notice, to cancel this Agreement in its entirety, for breach of any of the terms, and to have all other rights against the other Party by reason of such breach as provided by law. A breach shall mean, but shall not be restricted to, any one or more of the following events: a. breach of any warranty, or failure to perform or comply with any term of this Agreement; b. insolvency or any other unsound financial condition so as to endanger performance hereunder; c. failure to provide services as described in Article I Scope of Work. 2. Force Majeure shall mean such circumstances and events as are beyond the reasonable control of a Party, including, but not limited to: acts of God, acts of war, riot, fire, explosion, accident, flood or sabotage; unforeseeable or unpreventable lack of adequate fuel, power, raw materials, labor or transportation facilities; unforeseeable changes in governmental laws, regulations, requirements, orders or actions; unforeseeable or unpreventable breakage or failure of machinery or apparatus; national defense requirements; injunctions or restraining orders; or unforeseeable or unpreventable labor trouble, strike, lockout or injunction. During a Force Majeure event, the performance of any obligation or service due under this

14 Agreement may be suspended, provided that notice is provided by the Party claiming Force Majeure to the other Party as soon as practicable. Such notice shall include a description of the circumstances justifying suspension of performance, the anticipated duration of suspension, and the steps being taken to resume performance under this Agreement as soon as practicable. All reasonable efforts shall be made to minimize the duration of any suspension of performance (provided that neither party shall be required to settle or prevent a labor dispute or legal action against its own best judgment). 3. Either Party may terminate this Agreement in whole or in part, at any time, by mutual agreement. Article XI - Contract Changes and Breaches 1. Except as otherwise provided in Article XVI, no change to any provision of this Agreement shall be effective unless stated in writing and signed by both parties to this Agreement. 2. No term or provision of this Agreement shall be deemed waived and no breach excused unless the waiver or consent is in writing and signed by both Parties to this Agreement. Either Party may, at its discretion, in event of a breach, notify the other Party of the breach and allow it a time specified to correct the breach. Article XII - Conflict and Severability 1. In the event of conflict between this Agreement and applicable laws, regulations, or orders of any competent authority having jurisdiction, or in the event of any conflict between such applicable laws or regulations or orders, the most stringent legally binding requirement shall govern and be considered as a part of this Agreement in order to afford the Parties the maximum benefits thereof. 2. Any provision of this document found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this Agreement. Article XIII - Assignment 1. Neither this Agreement nor any rights, duties, or obligations described herein shall be assigned by either Party to this Agreement without the prior express written consent of the other Party. Article XIV - Construction, Applicable Laws and Headings 1. This Agreement and any claims arising in any way out of this Agreement shall be governed by the laws of the State of Ohio. Any provision of this Agreement prohibited by the law of Ohio shall be deemed void and of no effect. Any litigation arising out of, or relating in any way to, this Agreement or the performance thereunder shall be brought only in the courts of Ohio, and the Contractor and the District hereby irrevocably consent to such jurisdiction. 2. The headings used in this Agreement are for convenience only and shall not be used in interpreting this Agreement.

15 Article XV - Entire Agreement 1. This written Agreement, including the Recitals and the Contractor s Proposal, which are expressly made a part of this Agreement, and the Statement of Work constitute the entire agreement between the District and the Contractor, and there are no other agreements between them, either oral or written. The District's RFP and the Contractor's entire Proposal is an integral part of this Agreement. The Contractor's price sheet is included in Attachment C. Article XVI - Communications and Notices 1. The District shall communicate directly with, or in his/her absence, and at their direction, shall consult with the personnel of the Contractor or other appropriate persons, agencies, and instrumentalities as necessary to assure understanding of the work and satisfactory completion thereof. 2. The Contractor shall communicate directly with Barbara Walton and at her direction, with the personnel of the District and other appropriate persons, agencies, and instrumentalities as necessary to assure understanding of the work and satisfactory completion thereof. 3. Any notices, bills, invoices, or reports required by this Agreement shall be in writing and sent by the District and the Contractor in the United States mail, postage paid, to the address below: As to the Contractor: As to the District: Barbara Walton, Director CCH Environmental Group 618 Canton Road, N.W., Suite B Carrollton, Ohio Either Party may change the names and addresses specified in this Article by written notice to the other Party, and without such change constituting a modification of this Agreement. Article XVII - Effective Date, Expiration Date, Collection Date, Collection Location and Directions, Emergency Names, Addresses, Directions and Phone Numbers 1. This Agreement shall take effect at 12:01 a.m. Eastern Time upon the date last signed below and expires 11:59 p.m., December 31,. 2. The Contractor will have access to restrooms, water and possibly electricity at the collection location. 3. One forty cubic yard roll-off container will be provided at each collection site for municipal solid waste such as empty paint cans, cardboard, etc.

16 4. The Collection location is as follows. Any changes in the Collection time and location will be notified to the Contractor at least 30 days before the scheduled event. Lisbon (Columbiana County) Collection Date: Sat., June 2, 2018; 9:00 a.m. to 12:00 noon Address: Columbiana County Fairgrounds 225 Lee Avenue, Lisbon, OH Phone and contact: (330) ; Barbara Walton, Solid Waste District Direction from Cleveland: I-77 South; take 76 East towards Youngstown, get off on Ohio 14 East; 14 East and 45 South; turn left on SR 164/Lee Avenue in Lisbon, Fairgrounds are approximately ¼ mile on the left. Hospital: Aultman Hospital, th St., SW, Canton, Ohio Phone: (330) Hospital Directions: Take 164 to SR 30 West. Turn right onto SR 172. Take SR 172 to Darmouth Avenue SW in Canton, turn right. Take the second right onto 6 th street and follow the signs to the Hospital. Local Fire Department: 911 Local Police Department: 911 Ambulance Service 911 Dates and locations for 2019 and 2020 to be determined. Dates and locations will be provided to the Contractor at least six (6) months in advance. Cadiz (Harrison County) Collection Date: Sat., May 19, 9:00 a.m. to 12:00 noon Address: Harrison County Fairgrounds 550 Grant Street, Cadiz, Ohio Phone and contact: (330) ; Barbara Walton, Solid Waste District Direction from Cleveland: I-77 South; take US 250 East to Cadiz; get off at SR 9 (Cadiz); take right on SR 9; At the traffic light, turn right, continue on SR 9; turn right on Grant Street, Fairgrounds are approximately ¼ mile on the left. Hospital: Harrison Community Hospital 951 E. Market St., Cadiz, Phone: (740) Hospital Directions: Turn left on SR 9; SR 9 will join US 250 East; stay on US 250 and Market St.; pass courthouse on right and drive about a mile on US 250 East; Hospital is on the left Local Fire Department: (740) Local Police Department: (740) Ambulance Service (740) Dates and locations for 2019 and 2020 to be determined. Dates and locations will be provided to the Contractor at least six (6) months in advance.

17 Carrollton (Carroll County) Collection Date: Sat., June 16, 2018; 9:00 a.m. to 12:00 noon Address: Carroll County Fairgrounds 106 Kensington Road, N.E., Carrollton, Ohio Phone and contact: (330) ; Barbara Walton, Solid Waste District Direction from Cleveland: I-77 South; take US 30 East toward East Liverpool; take SR 43 East through Waynesburg and into Carrollton; turn left on 12th St. (the first traffic light); turn right on SR 9; the Carroll County Fairgrounds in on the left. Ambulance Service Emergency Medical Transport Phone: (330) or 911 Hospital: Aultman Hospital,2600 6th St., SW, Canton, Ohio Phone: (330) Hospital Directions: Turn right on SR 9; left on 12th St.; right on SR 43; turn left onto US 30 west; take the I-77 North exit; take the Tuscarawas St exit; left at the traffic light; pass through two more traffic lights; turn left at Aultman Hospital Local Fire Department: (330) or 911 Local Police Department: (330) or 911 Dates and locations for 2019 and 2020 to be determined. Dates and locations will be provided to the Contractor at least six (6) months in advance. IN WITNESS WHEREOF, the Contractor and the District, through their duly authorized representatives, have caused this Agreement to be executed on the dates set forth below. Date: Witness CARROLL-COLUMBIANA-HARRISON SOLID WASTE MANAGEMENT DISTRICT Chairman, Board of Directors Date: Witness, Contractor By: Title: Approved as to form: Attorney Steven D. Barnett Carroll County Prosecutor

18 Material ATTACHMENT B Amount in Pounds Carroll, Carroll, Columbiana Columbiana & Harrison & Harrison Carroll, Columbiana & Harrison Carroll, Columbiana & Harrison Counties: Paint/ Paint Related Material 7,974 7,566 13,584 8,009 Paint/Pesticides Aerosols Pesticide Liquids/Solids 2,525 2,518 3,447 1,975 Cleaners Reactives Adhesives/Roof Tar/ Sealers 766 Antifreeze 2,128 Motor Oil 372 Flammables - Kerosene/Gasoline 6 1,590 1,779 Aerosols Mercury Elemental/Solids Fluorescent Lamps , Lead Acid Batteries Household Batteries 1,005 1,319 1, NiCd/NiMH Batteries Propane Cylinders Acids/Bases/Lab Packs Ammonia solution 30 Fire Extinguishers Refrigerant 6 TOTAL POUNDS*** 17,354 15,737 23,363 12,502 TOTAL COST $16, $13, $18, $11, APPROX. NO. OF VEHICLES Note: The District will not guarantee any specific HHW amounts. The information provided in this attachment is to assist contractors in estimating a proposal price for Attachment C.

19 ATTACHMENT C Pricing/Packaging and Handling Method Sheet All interested contractors must fill out Attachment C completely. Failure to do so and adding or modifying this pricing sheet may be grounds for proposal rejection. This pricing sheet must either be placed at the front of the proposal (behind the cover sheet) or tabbed and identified for convenient reference by District staff. The Contractor will be responsible for unloading HHW from participants vehicles and segregating the material in accordance with regulations governing the packaging, shipment, and recycling and disposal of such materials. Once segregated and prior to loading onto Contractor s truck for transportation, the containers will be weighed. District staff will be responsible only for recording the weights of HHW. Copies of the District s weight logs will be provided to Contractor. All packaging material will be discarded in the roll-off(s) provided by the District. The District plans to hold the collection events in all three counties in However, the District does not guarantee that collection events will be held in all three counties in any of years 2018, 2019, or Contractor Name Contact Information 2018 Proposal Price $ /Pound of HHW Set up fee for: Columbiana County $ (September 12, 2015) Set up fee for: Harrison County $ (September 26, 2015) Set up fee for: Carroll County $ (October 10, 2015)

20 2019 Proposal Price $ /Pound of HHW Set up fee for: Columbiana County $ (date to be determined) Set up fee for: Harrison County $ (date to be determined) Set up fee for: Carroll County $ (date to be determined) 2020 Proposal Price $ /Pound of HHW Set up fee for: Columbiana County $ (date to be determined) Set up fee for: Harrison County $ (date to be determined) Set up fee for: Carroll County $ (date to be determined) Packaging and Handling Method* HHW Solvent-Based Paint and Paint Products including but not limited to thinners, primers, stains, sealers, varnishes, shellacs and polyurethanes Paint/ Pesticide Aerosols Pesticide Liquids/ Solids Cleaners (Acids/Bases/Oxidizers) Reactives Adhesives/Roof Tar/Driveway Sealers Antifreeze Gasoline/Kerosene Automobile Fluids/Grease Mercury Elemental/ Solids Household Batteries, including NiCd, NiMH, and Lithium Ion Fluorescent Lamps Acids/Bases/Lab Packs Packaging Method **Handling Method * Use additional paper if it is necessary to explain handling and packaging in more detail **Indicate Recycle, Landfill, or Incineration