HomeMy WebLinkAboutC07-125 Clean Harbors Environmental ServicesAGREEMENT FOR
HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT SERVICES
BETWEEN
COUNTY OF EAGLE, STATE OF COLORADO
AND
CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.
THIS AGREEMENT is made effective April 18, 2007, by and between the Board of
County Commissioners, County of Eagle, State of Colorado, (hereinafter referred to as
"Owner"), and Clean Harbors Environmental Services, Inc. (hereinafter referred to as
"Contractor"), a Massachusetts corporation.
Recitals
A. County desires to conduct a Household Hazardous Waste Collection Event to provide
a safe, convenient place where its citizens can dispose of stored household hazardous wastes.
B. Contractor has made a proposal, dated April 17, 2007 which demonstrates they are a
professional contractor knowledgeable and experienced in conducting such events.
C. Contractor and County intend by this Agreement to set forth the scope of the
responsibilities of the Contractor in connection with this collection event and related terms and
conditions to govern the relationship between Contractor and County.
Agreement
Therefore, for good and valuable consideration, including the promises set forth herein,
the parties agree to the following:
1. Scone of the Work:
A. The Owner agrees to hire Contractor and Contractor agrees to act as the Owner's contractor
to conduct the event Saturday, April 21, 2007 at the Eagle County Landfill, 2250 Highway 131,
Wolcott, CO 81655.
(i) Contractor shall have present at the Site a minimum of two (2) employees or agents of
Contractor (the "Site Chemists") trained in the identification and handling of household
hazardous wastes ("Wastes") as defined by state and federal laws and regulations, and
such personnel, equipment and materials as are necessary to handle, containerize, label,
load and transport said wastes for disposal in a manner which conforms to state and
federal laws and regulations.
(ii) The Owner shall provide an authorized representative ("Community Coordinator") at
the Site.
(iii) Contractor shall accept only household hazardous wastes for transportation and
disposal from those individuals who are approved by the Community Coordinator in such
amounts as are approved by the Community Coordinator.
(iv) The Owner hereby grants to Contractor the absolute right to reject any Wastes
delivered to the site.
(v) Contractor shall be deemed to be the "generator" of all Wastes accepted by Contractor
at the Site.
(vi) Contractor shall transport for disposal all Wastes which it has accepted at the Site.
Such Wastes shall be transported to licensed facilities for lawful disposal.
(vii) Contractor represents that is shall possess on the day of collection:
(a) A valid Environmental Protection Agency identification number for
generation and transportation of hazardous wastes;
(b) A valid state transporter's license for transportation of hazardous and acutely
hazardous wastes;
(c) A vehicle identification device for each vehicle used by Contractor to transport
Wastes from the Site;
(d) Authorization from the Interstate Commerce Commission and the appropriate
state agency to operate a common carrier.
(e) All other state and federal permits and licenses necessary to legally transport
Wastes in interstate commerce.
(viii) Title to all Wastes accepted by Contractor at the Site shall pass to Contractor.
B. Contractor represents that it understands the currently known hazards to persons, property
and the environment resulting from the transportation, treatment and disposal of Wastes.
Contractor further represents that it will perform all services under this Agreement in a safe,
efficient and lawful manner, using industry -accepted practices and methods.
C. The Owner shall use best efforts to assure that all Wastes approved by the Community
Coordinator are the Household Wastes of community residents.
2. Time of Performance:
Contractor shall begin the services to be performed under this Agreement upon Notice to
Proceed from Owner, and shall undertake such services to assure readiness for and successful
completion of the Household Hazardous Waste Collection Event.
resources with the identification and handling of household hazardous wastes. Therefore
Contractor may not assign its interest in the Agreement, including the assignment of any rights or
delegation of any obligations provided therein or subcontract the performance of any part of the
Work, without the prior written consent of Owner, which consent Owner may not unreasonably
withhold. Except as so provided, this Agreement shall be binding on and inure to the benefit of
the parties hereto, and their respective successors and assigns, and shall not be deemed to be for
the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under the Agreement.
7. Insurance•
A. At all times during the term of this Agreement, Contractor shall maintain the following
insurance:
(i) Claims under Workmen's Compensations, disability benefits, and other similar
employee benefit acts, with coverage and in amounts as required by the laws of the State
of Colorado.
(ii) General Liability Coverage in the minimum amount of $2,000,000. (Combined
personal injury/property damage limit) for coverage of claims for damage arising from
the performance of services under this Agreement, including but not limited to personal
injury or death, property damage, and other damages imposed by law upon the Contractor
and each subcontractor with respect to all work performed by them.
(iii) Comprehensive Automobile Insurance in the amounts as required by the laws of the
State of Colorado.
(iv) Contractor's Pollution Legal Liability in the amount of $2,000,000 for each
occurrence and $2,000,000 for the aggregate of all claims.
(v) Any other coverage required by State and Federal law or generally maintained in the
industry of household hazardous waste collection.
B. Certificates of Insurance: Certificates of Insurance acceptable to the Owner shall be filed with
the Owner prior to commencement of the Work. These Certificates shall contain provisions
naming the Owner as an additional insured except A (i) above under Contractor's insurance and
that coverage afforded under the policies will not be canceled until at least thirty days prior
written notice has been given the County. Contractor shall not permit any subcontractors to start
Work until all required insurance has been obtained and certificates with the proper
endorsements have been filed with the Owner. Failure of the Contractor to comply with the
foregoing insurance requirements shall in no way waive Owner's rights hereunder.
8. Indemnification:
To the extent permitted by law, Contractor shall indemnify Owner for, and hold and defend
Owner and its officials, boards, officers, principals and employees, harmless from, all costs,
claims and expenses, including reasonable attorney's fees, to the extent caused by the negligent
performance by Contractor of this Agreement or Contractors wilful misconduct.
9. Notices:
Any notice required under this Agreement shall be personally delivered or mailed in the
United States mail, first class postage prepaid, to the appropriate party at the following
addresses:
Contractor: Clean Harbors Environmental Services, Inc.
42 Longwater Drive
P.O. Box 9149
Norwell, MA 02061-9149
Attn: General Counsel (Urgent Contract Matter)
Tel: (781) 849-1800
Fax: (781) 380-1403
Owner: Ronald L. Rasnic,
P.O. Box 250
Eagle, CO 81631
Eagle County Solid Waste Manager
Tel: (970) 926-3125
Fax: (970) 926-3603
with a copy to:
County Attorney
Eagle County
P.O. Box 850
Eagle, CO 81631
Tel: (970) 328-8685
Fax: (970) 328-8699
10. Miscellaneous:
A. Contractor shall not discriminate against any employee or applicant for employment to be
employed in the performance of this Agreement on the basis of race, color, religion, national
origin, sex, ancestry, physical handicap, sexual orientation, age, political affiliation or family
responsibility. Contractor shall require all subcontractors to agree to the provisions of this
subparagraph.
B. The making, execution and delivery of this Agreement by the parties hereto has not been
induced by any prior or contemporaneous representation, statement, warranty or agreement as to
any matter other than those herein expressed. This Agreement embodies the entire
understanding and agreement of the parties, and there are no further or other agreements or
understandings, written or oral, in effect between them relating to the subject matter hereof. This
Agreement may not be amended, including by any modification of, deletion from or addition to
the Scope of the Work, except by a written document of equal formality executed by both parties
hereto.
C. This Agreement shall be governed by and construed in accordance with the internal laws of
the State of Colorado, without reference to choice of law rules. The parties agree that venue in
any action to enforce or interpret this Agreement shall be in the District Court in the 5 1 District
for the State of Colorado.
D. This Agreement does not and shall not be deemed to confer upon or grant to any third party
any right enforceable at law or equity arising out of any term, covenant, or condition herein or
the breach thereof.
E. The invalidity or unenforceability of any particular provision of this Agreement shall not
affect the other provisions hereof, and this Agreement shall be construed as if such invalid or
unenforceable provision was omitted.
F. This Agreement may be signed by the Chairman of the Board of County Commissioners
outside of a regular public hearing and shall become effective upon said signature provided that
the same is ratified at the next available publicly noticed meeting.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: s BOARD OF COUNTY COMMISSIONERS
By:
Clerk to the/Board of Chairman _
County Commissionersr���1�
Clean Harbors Environmental Services, Inc.
04 -IT -2007 16:60 From- T -0o7 P107/006 F-466
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