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HomeMy WebLinkAboutC08-056AGREEMENT 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 this~.y of `O~u 2008, by and between the Board of County Commissioners, County of Eagle, State of G lorado, (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 January 11, 2008 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. A,~reement Therefore, for good and valuable consideration, including the promises set forth herein, the parties agree to the followuag. I. Scone of the Work: A. The Owner agrees to hire Contractor and Contractor agrees to act as the Owner's cxantractor to conduct the event Saturday, March 15, 2008 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. {iiu~ Contractor shall accept only household hazardous wastes for transportation and disposal from those individuals who ace 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. (r-r~ 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. (vu~ 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; {6) 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; (cn Authorization from the Interstate Commerce Commission and the appropriate state agency to operate a common carver. (e) All other state and federal permits and licenses necessary to legally transport Wastes in interstate commerce. (vine 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, praperiy 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 lawfial manner, usingindustry-accepted practices and methods. C. The Owner shall use best efforts to assure that all Wastes approved by the Corrununity 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. •, . 3. Term and Termination: A. Owner may termnate this Agreement for its convenience at anytime prior to the beginning of the Household Hazardous Waste Collection Event. B. Owner may terminate this Agreement immediately upon Contractor's failure to perform. its duties as set forth herein. 4. Compensation and Payment: A. Owner agrees to pay Contractor far its services in accordance with the price structure quotes ("Rate`s"} presented in Contractor's proposal dated January 11, 2008 and attached hereto as Exhibit A with the condition the Owner not pay more than $25,000 (the "Contract Limit"}. Funds for this project have been budgeted and appropriated. B. The Site Chemist will make a determination and notify the Community Coordinator when the costs, of acceptance, transportation and disposal of Household Waste accepted by Contractor at the site has reached. the Contract Limit. The Community Coordinator must be present at all times and will be responsible for terminating the collection program upon notification by the Site Chemist that the Contract Limit has been reached. C. The failure by the Community Coordinator to terminate the collection program before the Contract Limit is exceeded following notification by the Site Chemist, or authorization by the Community Coordinator to continue the collection program beyond the Contract Limit, shall obligate the Owner to pay Contractor for all additional labor and material costs, in accordance with the Rates, which exceed. the Contract Limit. Contractor shall not, however, be obligated to accept any waste for transportation or disposal after the Contract Limit has been reached. D. Owner agrees to pay Contractor within thirty {30) days of receipt of the invoice. 5. Independent Contractor: It is expressly aciuiowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. Contractor shall be, and shall perform as, as independent contractor. No agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of Owner. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, servants and subcontractors during the performance of this agreement. The Community Coordinator identified in Paragraph 1 (ii) shall not represent, act, purport to act or be deemed the agent, representative, employee or servant of Contractor. 6. No Assignment or Subcontracting: The parties to this Agreement recognize that in entering into this Agreement Owner is relying upon the skill and reputation of Contractor, including Contractor's acquaintance and unique 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 provides, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall pat be deemed to be fox the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any written consent to an assigmnent, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. - 7. prance: 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. (u~ 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. S. Provision Mandated bv~i nse Bill 1343: ProhY'bitions on Public Contract for Servic+~ A. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract far services; or enter into a contract with a Subcontractor that fails to certify to the Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Contractor shall verify or attempt to verify through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the Contractor shall apply to participate in the Program every 13lree months until the Contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: htttr/lwavw vis-dhs.com\ernt~ioyerreaistration. C. Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. D. If the Contractor ~ obtains actual knowledge that a Subcontractor perfoaning work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: I. Notify the Subcontractor and the County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and 2. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuan to subparagraph (1) of paragraph (D) of this Article 5 the Subcontractor does not stop employing or contracting with the illegal alien; e~c~pt that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. E. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. F. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the County. 9. Indemnification: To the extent permitted bylaw, 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. 10. otttce 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 I,flngwater 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, Eagle County Solid Waste & Recycling Manager P.O. Box 250 Eagle, CO 81631 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 11. 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. Contractar shall require all subcontractors to agree to the provisions of this subparagraph. ~. The malting, execution and delivery of taus 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 Sa' 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 particulax 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 Throu Its OARD OF C IONERS ~ Peter F. Runyon, C an Clean Harbors Environmental Services, Inc. Title• °'• 1 ~ ~ ~~ t ~Vt 1 ~~8 rr ~- le ~'' an Harbor 4770 Fox Street, Unit 13 . Denver, CO 80216 January Il. 2008 Mr. Ron Rasnic Eagle County Landfill P.O. Box 250 Eagle, CO 81631 Mr. Rasnic, Thank you for your interest in Clean Harbors for your HHW disposal needs. I am pleased to submit a price proposal for your upcoming HHW collection event. Clean Hazbors intends to provide all the materials, technical service, labor, transportation and disposal options to support your project. Our full service company is uniquely qualified to provide superior service at competitive prices. Clean Hazbors provides comprehensive environmental services covering virtually every hazardous substance. Our personnel have the most extensive training in the industry. They are skilled people who ensure that your operation complies with public safety and environmental laws and regulations. We would like to emphasize that Clean Harbors is a full service company, and our corporate philosophy is to provide you with a turnkey operation that is dependable, cost effective and environmentally responsible. Our service extends beyond each individual pickup to help you cope with the wide range of hazardous waste management problems. Your waste will be packaged in compliance with RCRA and DOT regulations and in accordance with compatibility, reactivity, and our disposal facility packing requirements. This may result in several small packages containing one or two chemicals. Material subject to the land disposal restrictions of 49 CFR, Part 268 will be incinerated or treated depending on disposal facility requirements. Material not subject to these prohibitions maybe shipped to a secure chemical landfill. Applicable sales tax and state and federal regulatory fees and surchazges are not included in quoted prices, but will be applied to your invoice. Due to market conditions, Clean Hazbors is imposing an OPEC temporary fuel surcharge at 13.5% of the total invoice, based on the national average price of diesel at the time of pickup. If you have any questions, please contact your Clean Harbors sales representative. Standard labor rates apply for eight hours on-site time per chemist. Additional on-site labor over eight hours will be billed a 1.5 times the regulaz rate. The prices quoted aze based on the information provided and assumptions made as to the time and materials needed to package, transport and dispose of the waste. Final billing will be based on the unit rates for those items actually used to complete the project. In the event that a unit rate is not listed in this quotation, the item will be billed at a rate proportionate to the items quoted. These prices are valid for thirty days. This letter will serve to inform you that Clean Harbors' facilities have the proper permits and licenses to accept those wastes specified above. I have put together the attached rate sheet that summarizes the price proposal for your pesticide collection event. Since your event will only collect pesticide material, the disposal categories are limited. People and Technology Protecting and Restoring America's Environment .............. Should you require additional prices for other disposal categories or additional company info, do not hesitate to contact me at 303 293 2500, ext. 228 or a-mail me at guattrociocclu.christonher~~cleanharbors com Sincerely, Chris Quarirociocchi Household Hazardous Waste Specialist ., People aHd Technology Protecting and Restoring America's Environment .............. • • IeanHarbo 4770 Fox Street, Unit 13 Denver, CO 80216 j _ __ r a s - _ _ _ - . - - -: ~ _ _. -. ~. I~rice - Mobilization Fee /event $1,088.00 On Site Labor $49.00 /hour /person Transportation $10/ Drum, $40/ CYD Box $750.00 Minimum Per Trip .... _ Ispe~l ~~le - `~'~s~e rip#.i~n ~,. 3~rice ,. - R• to i ~iJ~ - ~ PESTL Pesticide Liquids for Incineration _ . $277.00 / 55 drum PESTS Pesticide Solids for Incineration $277.00 / 55 drum FB 1 Flammable Li uid for fuel $109.00/55 drum LAT Lab Packs for Aqueous $245.00 / 55 drum Treatment LBD Mixed Batteries for Reclamation $87.00/OS drum LBR Lithium Batteries for Incineration $8.20/LB, $120.00 drum min LCCRAB/O Lab Pack Acid, Bases, and $255.00/55 drum Oxidizers for Incineration LCCRD Lab' Pack Flammable Solids for $277.00/55 drum Incineration I;CCRP Labpack Dioxins and Dioxin $8.20/LB, $120/05 drum min Precursors LCCRQ Aerosols for Incineration $277.00 / 55 drum LRCT Reactives for Incineration $8.20/LB, $120/5 drum min LCHG1 Mercury for Stabilization $163.00 / 5 drum, $299.00/16 drum LPTP Processable Paint/Paint Related $381.00/CYD Box, $109.00/55 Material for Fuel/Incin drum LPTN Non-Processable Paint/Paint $729.00/CYD Box, $255.00/55 Related Material for Incin drum LLF Lab Pack for Landfill $381.00 /CYD Box, $82.00/SSDM -. ` ~ "` I~1[~t ~ - -~- Price 55 allon drums T~ $43.00 / ea. T 30 gallon drums $32.50 / ea. 16 allon drums $21.50 / ea. 5 allon drums $10.90 / ea. Cubic and box ~ $70.00 / ea. People and Technology Protecting aKd Restoring America's Etavironment .............. ` lean Harbor 4770 Fox Street, Unit 13 Denver, CO 80216 Above pricing is contingent upon the county setting up the site. If Clean Harbors is responsible for site setup, then hourly labor rates will apply. Clean Harbors reserves the right to refuse any material that may be potentially unstable, explosive or for vuhich no legal disposal option exists. • People and Technology Protecting and Restoring America's EHVironment ..............