United Parcel Service Agreement for Transportation of Hazardous Materials

Date: Fri, 21 Aug 1998 13:20:24 -0400
To: "AO - All Administrative Officers"<distribution,
        "Melvin Lew, Hydrologist, Reston, VA "<mlew,
        "William G Shope Jr., Chief, Br. of Oper. Support, Reston, VA "<wgshope
From: "Alice A. Sabatini, Division Administrative Officer, WRD" <aasabati
Subject: United Parcel Service Agreement for Transportation of 
        Hazardous Materials

Mel:  Please forward to all safety officers.  

AOs:  Please read the following:

Date: Thu, 20 Aug 1998 17:53:06 -0400
To: "Gayle A Sisler Reston, VA" <gsisler@igsrsparc4.er.usgs.gov,
        "Carole Carter-Pfisterer Reston, VA" <ccarter,
        "Joseph S Pillera Reston, VA" <jpillera,
        "Lillian L Traver Reston, VA" <ltraver,
        "Alice A Sabatini, Administrative Officer, Reston, VA" <aasabati,
        patricia_dick@nbs.gov, "Cassy A Mitchell Denver, CO" <cmitchel,
        "Martha K Burbidge Menlo Park, CA" <burbidge@isdmnl.wr.usgs.gov
From: Bert Simon <bsimon
Subject: United Parcel Service Agreement for Transportation of
        Hazardous Materials
Cc: "Jeffrey D Fleming Reston, VA" <jfleming,
        "Darrell P Washington Reston, VA" <dwashing,
        "Gary W Kramer Reston, VA" <gkramer




In Reply Refer To:
Mail Stop 231

				MEMORANDUM 

										
					            August 20, 1998


To:		Division Administrative Officers

From:		Bert Simon
		Chief, Branch of Materials Management 

Subject:	United Parcel Service Agreement for Transportation of 
                Hazardous Materials
                        

Please disseminate this memorandum to all of your field activities
expeditiously.  

United Parcel Service (UPS) is implementing a service agreement (Attachment
1) for shipping hazardous materials with them.  Local UPS representatives
are contacting their current clients to execute this agreement to enable
implementation by September 1, 1998.  

We are conferring with UPS concerning reservations we have regarding the
assessment of fees or costs for noncompliance with the terms of the
agreement.  Thus far, UPS has agreed to void Item 5 of the agreement.  An
addendum to the agreement noting that deletion is also attached,
(Attachment 2).  In the interim of finalizing this matter, customers have
the flexibility to ship hazardous material through other carriers without
such agreements such as RPS and FedEx.   

We will advise offices as soon as possible about any future development
concerning this matter. For assistance concerning alternatives or questions
about this agreement, please call Darrell Washington at (703) 648-7271.  

Attachments

                        		
	


Attachment 1	
"UPS 	AGREEMENT FOR TRANSPORTATION OF HAZARDOUS MATERIALS

This Agreement is made and entered into by and between United Parcel
Service, Inc. ("UPS") and ("Shipper") for the provision of services related
to the transportation of hazardous materials regulated under Title 49 of
the Code of Federal Regulations ("49 CFR"), excluding ORM-D ground
shipments ("Hazardous Materials"). UPS agrees to transport Hazardous
Materials for Shipper on the following terms and conditions:

1. Shipper represents that all Hazardous Materials tendered to UPS for
shipment will be classified, packaged, marked and labeled in accordance
with the "UPS Guide for Shipping Ground and Air Hazardous -Materials" in
effect at the time of shipment, and all applicable governmental laws and
regulations. In addition, Shipper agrees to use a software system that is
acceptable to UPS for the preparation of documents for shipping Hazardous
Materials, or an alternative method determined by UPS in its reasonable
discretion to perform the same functions. UPS will provide to Shipper a
list of vendors who provide acceptable software systems.

2. Shipper represents that all employees involved in the preparation of
Hazardous Materials packages for transport are properly trained, tested and
certified in accordance with 49 CFR Part 172.700 through Part 172.704 and
that a program exists for the retraining, testing and certification as
required by these rules.

3. UPS reserves the right to refuse to accept, to return or to dispose of
any Hazardous Material that it determines not to have been prepared in
accordance with the "UPS Guide for Shipping Ground and Air Hazardous
Materials" and all applicable governmental laws and regulations. Shipper
agrees to reimburse UPS for any costs or expenses incurred as a result of
any improperly prepared Hazardous Materials which Shipper tenders to UPS.
In addition, Shipper agrees to reimburse UPS for any costs or expenses
incurred by UPS from Shipper's refusal to accept return of Hazardous
Materials which are not deliverable for any reason, including, but not
limited to, wrong delivery address or refusal of consignee to accept delivery.

4. Shipper represents that, when required by regulation, all packaging used
for the transportation of Hazardous Materials passes UN performance testing
in accordance with 49 CFR Part 178.602 through 178.609. Shipper also
represents that all Hazardous Materials tendered to UPS are capable of
meeting the minimum performance requirements as described in the most
recent publication of the International Safe Transit Association's ("ISTA")
Procedure 1 -A "Preshipment Test Procedures." Upon request, this
publication will be supplied to Shipper by UPS or, in the alternative, the
Shipper may acquire a copy of said document by calling ISTA at 517-333-3437.

5. Shipper agrees to indemnify, defend, and hold harmless UPS, its parent
corporation, United Parcel Service of America, Inc., and its affiliated
companies, their officers, directors, employees, agents, and their
successors and assigns, from all claims, demands, expenses (including
reasonable attorneys' and consultants' fees), liabilities, causes of
action, enforcement procedures, and suits of any kind or nature
(hereinafter "Claims"), of which UPS may hereinafter incur as a result of
Shipper's breach of this Agreement or its non-compliance with governmental
laws and regulations applicable to the transportation of Hazardous
Materials, whether such action is brought by a governmental agency or other
person or entity, except to the extent that such Claims result from UPS's
negligence or willful misconduct or that of its employees, subcontractors,
or agents.

6. In the event Shipper loads any UPS vehicle, Shipper agrees to segregate
Hazardous Materials in accordance with 49 CFR 177.848.

7. All shipments are subject to the terms and conditions contained in the
"Guide to UPS Services", the "UPS Guide for Shipping Ground and Air
Hazardous Materials" and the UPS tariff in effect at the time of shipping
except to the extent that any term or condition conflicts with this Agreement.

8. The term of this Agreement shall be for one year from the date set forth
below. This Agreement shall automatically be renewed for successive one
year periods unless terminated in accordance with paragraph 9 herein.

9. UPS shall have the right to terminate this Agreement immediately with
respect to the transportation of Hazardous Materials if Shipper fails to
comply with any provisions of this Agreement and/or any applicable
governmental regulations. If Shipper ships Hazardous Materials from more
than one location, and Shipper fails to comply with any provisions of this
Agreement and/or any governmental regulations, UPS may, in its sole
discretion, terminate all of Shipper's shipment locations or limit such
termination to those locations where the failure to comply occurred. Either
party may terminate this Agreement at any time upon thirty (30) days
written notice to the other party.

10. If any provision of this Agreement conflicts with any provision of any
other transportation agreements between the Parties, the provisions of this
Agreement shall prevail.

IN WITNESS WHEREOF, the undersigned have set their hands this - day of	 _.

ACCEPTED AND AGREED TO:

SHIPPER
shipper #:	Rv-



Attachment 2	

DRAFT

Addendum One (1) to Agreement for Transportation of Hazardous Materials

UPS and Shipper agree that provision five (5) of the Agreement for
Transportation of Hazardous Materials will not be applicable to shippers using 
UPS under the authority of United States Geological Survey.

Accepted and Agreed to this	day of	I _:

Shipper,                                                           
Shipper#                                                             	By:
                                                   
Address                                                          	Name*
                               

Title:                                      

United Parcel Service
By:                                                                
Name.                                                           
Title:                                                             

DRAFT