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HomeMy WebLinkAboutC11-077 Clean Harbors Environmental Services AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. TO EXTEND BASE AGREEMENT TO TRANSPORT AND DISPOSE OF HOUSEHOLD,HAZARDOUS WASTE FROM COUNTY LANDFILL This Agreement to Extend ( "Extension Agreement ") between Eagle County, Colorado ri ("Canty") and Clean Harbors Environmental Services, Inc. ( "Contractor "), made this day of WO() , 2011. WITNESSETH: WHEREAS, the parties hereto on August 20, 2009 entered into an agreement relating to transport and disposal of household hazardous waste ( "The Base Agreement "; Appendix A hereo); and WHEREAS, the parties hereto on January 5, 2010 extended the Base Agreement by one year (Extension Agreement; Appendix B); and . WHEREAS, the parties wish to extend the Base Agreement for an additional year from its expiration date of December 31, 2010 as contemplated by the Extension Agreement. NOW, THEREFORE, the parties agree as follows: The Base Agreement, a copy of which is appended hereto as Appendix A, is hereby extended from December 31, 2010 through December 31, 2011. The Agreement may be terminated at any time before December 31, 2011 by either party for any reason, with or without cause, upon fifteen days written notice to the other party. // The rest of this page has been left intentionally blank// bL r Lb �1�J11 1 5: i J t- r om: y (U-Sb.54+bb LH1aLL LU. LHNUI 1LL rage : _5/.5 • IN WITNESS W EREOF, COUNTY and CONTRACTOR have executed this Agreement this V day of 2011 ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, by and �►scp through its BOARD OF c o C • . TY COMM ' STONERS B ,r BY Clerk to the Boa t% of County °e. RA P° J • . tavney, Chairs n Commissioners CONTRACTOR: B Y:"`'/ Title: 7314 - . STATE OF COLORADO ) COUNTY OF ) The foregoing instrument was acknowledged before me by ?akrt Scb HACr this 14-f day of t cbriY2X -{ , 2011. Niy co Ssion ex •ir: �� . ' �l _ ,��•��� pVB % Notary Pu.lic ��. ALYSE DOLCE ••, \ Of CO` -- My Comm. Exp. Mar. 22.2014 AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. THIS AGREEMENT ( "Agreement "), dated this�Ut.y of vt.9UlE , 2009 between Eagle County, Colorado, ( "County ") and Clean Harbors Environmental Services, Inc., a company with its principal place of business at 42 Longwater Drive, Norwell, MA 02061 ( "Contractor "). WITNESSETH: WHEREAS, County desires to hire a vendor to transport and properly dispose of household hazardous waste and conditionally exempt small quantity generator hazardous waste collected at its permanent collection facility located at the Eagle County Landfill near Wolcott, Colorado. WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise in the management of hazardous wastes and wishes to provide said services to County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the services provided and related terms and conditions to govern the relationship between Contractor and County in - — - - - -- Connection With this Agreemerit. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: 1. SCOPE OF WORK: The following will collectively be referred to as the "Work:" A. Contractor agrees to provide a vehicle and personnel suitable to pick up quantities of waste specified on a pre - arranged date and time for transport and delivery to recycling, treatment and/or storage and disposal facilities, as more specifically set forth in Exhibit "B ", attached hereto and by this reference, made part of the agreement. B. Contractor agrees that Contractor will not enter into any professional service agreements or consulting arrangements with third parties that will conflict in any manner with the Work to be provided under this Agreement. County agrees that County will not enter into any consulting arrangements with third parties that will conflict with the Work to be provided under this Agreement. 1 1 • 2. CONTRACTOR'S REPRESENTATIONS: A. Contractor has familiarized itself with the nature and extent of the contract documents, work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules, permits and regulations that in any manner may affect cost, progress, or performance of the work. B. Contractor will provide proof of licensed and permitted facilities that are to be used by Contractor for the management of materials received from the Eagle County Household Hazardous Waste Collection Facility. County reserves the right to inspect any facility used by Contractor. 3. CONTRACT PRICE A. The funds appropriated for this project are equal to or in excess of the contract amount. County shall pay Contractor for performance of the work in accordance with the Contract Documents in current funds as follows: Pricing is inclusive of all costs associated with the transportation, disposal and/or recycling of the materials list in the following tables attached hereto as Exhibit "C ". Pricing shall be based on the services provided for the remainder of 2009. This corresponds to Contractor's quote dated July 3, 2009, attached hereto as Exhibit "C" and incorporated herein by this reference. County will issue full payment within thirty (30) days upon receipt of the invoice and original manifest signed by the designated facility certifying receipt of materials. County also requests certificates of destruction and/or recycling within six (6) months of the date of Contractor's receipt of materials. Certificates will document methods and facilities of disposal and/or recycle. B. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31, 2009 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 2 • 4. TERM A. The work will commence upon notification by the Eagle County HHW facility to Contractor that sufficient material has been collected and packaged to warrant a pick -up. B. The work is expected to be ongoing over a periodic basis until December 31, 2009. This agreement may be renewed annually by a mutual agreement to renew between County and Contractor. 5. INDEMNIFICATION: The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor hereunder; and Contractor shall reimburse County for any and all legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. Notwithstanding the foregoing, Contractor's obligation to indemnify the County shall not apply to the extent any loss or damage is caused by the negligence or willful misconduct of the County. No part of this Agreement or any actions taken pursuant hereto shall be deemed a waiver of the Governmental Immunity Act, C.R.S. §24 -10 -101, et seq., by any party covered by the Act. 6. ENFORCEMENT REMEDIES: A. The Contractor's obligations hereunder shall survive termination of the Agreement. B. County and Contractor agree that this Agreement may be enforced for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Agreement, both County and the Contractor commit themselves to perform pursuant to these terms contained herein. In the event that an action is brought to enforce this Agreement, the prevailing party shall be entitled for the recovery of its costs and fees, including reasonable attorney's fees. 7. MISCELLANEOUS: A. This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in the State of Colorado District Court in and for Eagle County, Colorado. 3 • B. This Agreement, and the rights and obligations created hereby, shall be binding upon and inure to the benefit of County and Contractor and their respective successors and assigns. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than County or Contractor and their respective successors and assigns, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. C. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. D. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both County and Contractor. This Agreement represents the full and complete understanding of County and Contractor and supersedes any prior agreements, discussions, negotiations, representations or understandings of County and Contractor with respect to the subject matter contained herein. E. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. F. County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause, upon providing ten (10) days notice to Contractor. Upon such termination, County shall be liable for Services satisfactorily completed prior to the notice. S. INSURANCE A. At all times during the term of this Agreement, Contractor shall maintain commercial general liability insurance in the minimum amount of two million dollars ($2,000,000.00) per injury, and the minimum aggregate amount of three million dollars ($3,000,000.00). Contractor will carry Contractors Pollution Liability in the amount of ten million dollars ($10,000,000) for each occurrence and ten million dollars ($10,000,000) for the aggregate of all claims and will provide any other coverage required by State and Federal law or generally maintained in the industry of household hazardous waste collection, transport and disposal including vehicle liability. Contractor will also carry Worker's Compensation insurance as required by Colorado law. B. All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado. Certificates of Insurance acceptable to County shall be filed with County prior to commencement of the Work. Coverage afforded under the policies will not be canceled until at least thirty days prior 4 written notice has been given County. Contractor and his subcontractors shall not permit any of his subcontractors to start Work until all required insurance have been obtained and certificates with the proper endorsements have been filed with County. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the County's rights hereunder. 9. NOTICE AND AUTHORIZED REPRESENTATIVES Any notice and all communications required under this Agreement shall be given in writing by personal delivery, fax or mail to the appropriate party at the following addresses: County: Contractor: Ronald L. Rasnic, Solid Waste Manager mk + &IY[ S GVVVlrr w�.k _ Solid Waste & Recycling Department C' Wl U1.' I.C. Kf t14: VQp�� C P.O. Box 250 l4 L6n wa ter r- r" W tv ,1-e Eagle, Colorado 81631 .1VmatAt tl r Wt 19 O 4.p i (970) 328 -3465 (p) Phone 1Q1 7q a - A3a (970) 328 -3466 (f) Fax — I n I 11 6 D5 Notices shall be deemed given on the date of delivery or three days after the postmarked date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. 10. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E -verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. A. Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) 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. 5 B. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E -verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm C. The Contractor shall not use either the E -verify program or other Department 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 performing 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 (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or, contracting with the illegal alien; except 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 established in C.R.S. § 8- 17.5- 102(5). 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 specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. G. The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 12. SOLE SOURCE GOVERNMENT CONTRACTS If the Contractor has entered into a sole source government contract or contracts with the State of 6 Colorado or any of its political subdivisions as defined in Article XXVIII of the Colorado Constitution which including this contract in the aggregate on an annual basis are equal to or exceed the amount of $100,000, then the following provisions apply: A. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, Contractor, on behalf of itself, any person who controls ten percent or more of the shares of or interest in the Contractor, and the Contractor' s officers, directors and trustees (collectively, the "Contract Holder ") shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the Contractor Holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state or any of its political subdivisions. B. The parties further agree that if a Contract Holder makes or causes to be made any contribution intended to promote or influence the result of an election on a ballot issue, the Contract Holder shall not be qualified to enter into a sole source government contract relating to that particular ballot issue. C. The parties agree that if a Contract Holder intentionally violates sections 15 or 17(2) of Article XXVIII of the Colorado Constitution, as contractual damages that Contract Holder shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions, for three years. D. The Contract Holder agrees to comply with the summary and notice provisions of Section 16 of Article XXVIII of the Colorado Constitution. E. These provisions shall not apply to the extent they have been enjoined or invalidated by a court of competent jurisdiction. F. All terms used in this Section and not otherwise defined in this Agreement shall have the same meaning as set forth in Article XXVIII of the Colorado Constitution. 11 The rest of this page has been left intentionally blank 11 7 • IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement this O10 ofAli4S "2009. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF c COUNTY COMMISSIONERS Nib a oG B 111‘ _ _ al . 1 . t BY: jijin g / t O keA...... Clerk o the Boar rof County * li * Sara J. Fisher, Chairman Commissioners catoRNIo 0- 10.) 4'. � - I D Rip ,, ; ,. Contractor: i BY: W 1((SS.rvL r : o'Cc..v cr 8 vP STATE OF .f.aga kt./S e _) ) SS. COUNTY OF I`' IX ` (e l- ) 14I Itic sk- "r The foregoing instrument was acknowledged before me by C.) 'Ccivt. V1 or this 01C' -'da of .AtAi t.( , 2009. J y commission expires: • Notary Public 1 114 COLEEN O'DONNELL ROBBIE j A TH Public ; COMMONWEALTH OF MASSACHUSETTS My Commission Expires May 3 2013 8 EXHIBIT "B" SCOPE OF WORK 1. General Information Eagle County, Colorado operates a permanent Household Hazardous Waste Collection (HHWC) Facility located at the Eagle County Landfill north of Wolcott, Colorado. Programs offered at the HHWC Facility include household hazardous waste collection and Conditionally Exempt Small Quantity Generator (CESQG) hazardous waste collection. Services are offered only to residents and CESQGs of Eagle County. This facility operates five (5) days per week on a year around basis and serves a population of approximately 50,000. Typical materials collected include, but are not limited to: pesticides, poisons, flammable paint and solvents, motor oil, antifreeze, gasoline, automotive products, latex paint, cleaners, hobby chemicals, aerosols, acids, bases, oxidizers, batteries of all types, fluorescent lights, mercury- containing items, compressed gas cylinders and PCB containing materials. This facility does not knowingly accept: radioactive materials, explosives, bio- hazard wastes and asbestos. The following materials are expected to be recycled or managed locally: latex paint, auto /truck batteries, rechargeable batteries and fluorescent tubes. Eagle County HHWC staff will perform all packaging of materials, labeling of containers and complete all transportation documentation (manifests, bills of lading) in accordance with all Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. Hazardous waste contractors will perform all transporting of materials. Contractors are responsible for final disposal, recycling and /or any other agreed upon alternate treatment option. 2. Contractor Responsibilities A. No assignment of any sub - contracted work will be allowed from Eagle County. Any work performed by a Sub-Contractor be prior ubjepc approval 1 t the same conditions applied to the Contractor and the Contractor shall be responsible to the county for such Sub - Contractors performance. B. Contractor will provide a vehicle and personnel suitable to pick up the quantity of waste specified on a pre- arranged date and time for delivery to recycling, treatment and /or storage and disposal facilities. C. Contractor will provide a management and disposal plan for the selected waste types with the contract agreement. D. Contractor will provide to the Eagle County HHWC Facility a list of packaging requirements /instructions for all materials received from the HHWC Facility. 18 E. Contractor will provide a list of specific waste streams that require special lab packing or other considerations during packaging. F. By mutual agreement between Contractor and Eagle County HHWC Facility, additional categories of waste, along with agreed upon pricing and disposal may be added to the schedule of disposal categories. G. Contractor will provide the appropriate shipping papers, manifests and any other documents necessary for proper transportation, disposal and /or recycling of materials from the Eagle County HHWC Facility. H. The Eagle County HHWC Facility reserves the right to Choose the materials management method for any and all materials received by Contractor from the HHWC Facility. Any other material management method or alternative processes must be proposed in writing and presented to Eagle County, Attention: Solid Waste Manager for approval. I. Contractor, in conjunction with the Eagle County Solid Waste Manager and Hazardous Waste Specialist, will designate a primary facility for disposal and /or recycling of materials received from the Eagle County HHWC Facility. If the primary designated facility is unable to accept a shipment of materials, then an alternate facility that has been pre- approved by the Contractor and Eagle County will be used. Any time the alternate facility is used, Contractor will contact the Eagle County HHWC Facility within 48 hours. If the use of the designated alternate facility is due to no fault of the Eagle County HHWC Facility, no additional charges will be levied for transportation to the alternate facility. J. Contractor will provide proof of licensed and permitted facilities, including EPA ID numbers that are to be used by Contractor for the management of materials received from the Eagle County HHWC Facility. Eagle County reserves the right to inspect (at County's expense) any facility used by Contractor. K. Any change to the primary or alternate disposal facility will be submitted to Eagle County, Attn: Solid Waste Manager in writing. Eagle County will inform Contractor of approval or non - approval within 30 days. L. Contractor will be responsible for transporting all materials received from the Eagle County HHWC Facility. Contractor will ensure that the transporter has all required permits and licenses in accordance with local, state and federal regulations for the transportation of materials received from the Eagle County HHWC Facility. Contractor shall provide the location, address, EPA ID and DOT ID number for every transporter utilized in this contract. Contractor shall also ensure that any transporter utilized meets all insurance requirements as required by Eagle County. M. Contractor will provide transportation for materials within ten (10) days of notification from the Eagle County HHWC Facility Hazardous Waste Specialist for shipment of materials. N. Contractor will assume possession of the materials /waste the moment it leaves the Eagle County HWC Facility. Contractor will manage all materials received from the Eagle County HHWC Facility in accordance with all applicable local, state and federal regulations for the transportation, storage and disposal /recycle of said materials. 19 1 • O. Contractor will return the original signed and dated manifest to the Eagle County HHWC Facility within thirty (30) days after delivery of materials to a disposal and /or recycling facility. Contractor will send a certificate of disposal /recycling to the Eagle County Hazardous Waste Specialist within six (6) months after delivery of materials for treatment, recycling, landfilling or disposal. If a certificate of disposal is not received within six (6) months, Contractor will provide a written explanation of the delay. Eagle County reserves the right to terminate the contract if the written explanation is deemed unacceptable or no written explanation was provided. P. Contractor will be solely responsible for maintaining all records required by local, state and federal laws for materials received and in their possession for wastes received from the Eagle County HHWC Facility. Contractor will provide this information to Eagle County upon request. Q. Contractor shall ensure that all insurance requirements per this contract are current. R. Eagle County reserves the right to choose more than one contractor for transportation, disposal and /or recycling of any material. 3. Eagle County HHWC Facility Personnel Responsibilities A. Eagle County HHWC Facility staff will provide ten (10) days notice for establishing a pick -up date. The HHWC Facility staff will provide details of all waste types and quantities at this notification. B. Perform all packaging of materials and labeling of containers in accordance with specification provided by Contractor, EPA and DOT. C. Complete all transportation documentation to include manifests and bills of lading in accordance with all DOT and EPA regulations for materials received at the Eagle County HHWC Facility. D. Assist with loading of materials to be shipped onto the transportation vehicle. E. Ensure that transporters receive the proper shipping documentation (manifests, bills of lading) for materials being shipped. 20 E E c • 0 LL: * • fa. Q . a. Q.. a . N x Pi ° v 69 bA 69 Z °° bA _ o to to to :n 7 O a 't7 V1 C� t/1 d tIl T3 vl N 'L3 Vl '•O • � '�, a3 0 0 c� OIC • Td • at N a3 \ Q N c� N cd tO CY 7. Cr 69M 69 69 6 69 699 a) cu N N N N N 2 2 2 2 2 2 2 •� C 0 00 bA O c O c O c cd 0 cd 0 b a i N . 69 0.0 Cv r N 1:).0 y„• t/) to Vl V7 V7 N to l!) 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Q. c/3 cn N -O v) -o 1C7 "0 0.5 v y O E CU I n .N W N ap N o U 1 1 1 O , N Z to 1 o o 00 Z O = 6" W Tito z 5. 0 U d x o 0 0 N V M C = Q+ ` Z Z C M 0 0 a) rn ca W y Z 0 1.., Z W ct v o Q a.) o = N E O i� 69 v o., D a) En En a) a 2 0 c S oo .- 0 .,72, an r bD.S� a3 c N 0 ^ o a ,-, a 2 W d N s~ a) in b N 69 a) I-. 0 'b "GI o .S� N o O _v N C N p ,= 0 G". cl `l o 1-- E 0 c 2 U " 8 >. , C1. a) .-. N ad V b _ U EA 64 5 01) O.0 cd y a �- ti �� 4-, Vl o c A 'Y d � ._.., En in en v) [ o c4 o 0 0 kr, : i i r et s 0 • c a) ^ V v) 3.... y M LI w F * * x IN WITNES WHEREOF, COUNTY and CONTRACTOR have executed this Agreement this "day o ' ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COM"? , BY: de 4' 3 BY * Clerk to the Board of ounty * • Commissioners C °1.0APb 9— tit r R.70 I -6 1 241 " 47 1 CONTRACTOR: BY: ," STATE OF ._A/Lot5Saat Uk ) COUNTY OF rtymaiti TheAregoing instrument was acknowledged before me by I I fati'v this (Tr day of 1)eceoupe1, M, commission e res: Or/ - —410 i\lo 4 Publ c