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Home My WebLink AboutC96-102 Laidlaw Environmental Servicest - C '9610 2 6 HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREIIVIENT THIS AGREEMENT, dated this 19th day of April, 1996 is entered into by and between The Board of County Commissioners. County of Eagle. State of Colorado. (hereinafter refered to as the Customer) and Laidlaw Environmental Services (LES). WHEREAS, the Customer desires to conduct a Household Hazardous Waste Collection Program (the Program or the Programs, as the context may require) to provide a safe, convenient place where its citizens of can dispose of stored household hazardous wastes, and WHEREAS, the Customer desires to hire a professional contractor knowledgeable and experienced in conducting Programs, and WHEREAS, LES is staffed with personnel knowledgeable and experienced in conducting Programs. WITNESSETH: Now, therefore, in consideration of the mutual promises and benefits of this Agreement, the receipt and sufficiency of which are hereby acknowledged by both parties, the Customer and LES agree as follows: 1. Employment of LES. The Customer agrees to hire LES and LES agrees to act as the Customer's contractor to conduct the Program on June 1, 1996. 2. Scope of Services. LES shall perform in a good and professional manner and provide the services listed in this Agreement. Any conflict between the terms of this Agreement and the terms of the Request for Proposal or the Proposal will be governed by the terms of this Agreement. a. LES shall have present at the collection site employees or agents of LES as described in the Proposal trained in the identification of hazardous and acutely hazardous wastes (collectively "Wastes") as defined by federal or (state) laws or regulations, and such materials and equipment as are necessary to handle, containerize, label, load and transport such Wastes from the Customer's service area in a manner conforming to (state) and federal laws and regulations. b. LES shall accept Wastes, for transportation and disposal from the Customer service area, only from such individuals as are designated by a Customer representative present at the site as being residents of the Customer service area, and only in such amounts as are approved by such representative. C. Except as provided in Paragraphs d and a below, LES disclaims all responsibility for and assumes no liability for the following Wastes which it will neither handle at the site nor accept for disposal: Compressed Gas Cylinders, Explosives or Shock Sensitive Materials and Ammunition, Unknown Materials, Radioactive Materials, Infectious or Biologically Active Materials, Dioxin, Tri, Tetra- and Pentachlorophenols and their Chlorophenoxy derivative Acids, Esters, Ethers, amine and other Salts (i.e., Sodium Pentachlorophenate, 2,4,5-T, Silvex and 2,4,5 - TP) . d. Dioxin associated wastes from households only will be handled by LES through incineration and the Customer will compensate LES for packaging, transportation, and disposal in accordance with the fee schedule. 3 e. If a citizen brings any Waste chemical listed in Paragraph c other than those listed in Paragraph d to the collection station, and if the Customer decides to accept the Waste, LES will package the material for the Customer and the Customer will compensate LES for packaging services in accordance with the fee schedule in the Proposal. LES will endeavor to arrange for disposal of such material with a properly permitted and licensed Subcontractor; however, if either the disposal arrangements or the charges for such disposal are unsatisfactory to the Customer, then further management and disposal of such material shall be the sole responsibility of the Customer. 3. Time of Performance. LES shall begin the services to be performed under this Agreement upon Notice to Proceed from the Customer, and shall undertake such services to assure readiness for and successful completion of the Household Hazardous Waste Collection Program. 4. Termination. Either party may terminate this Agreement upon sixty (60) days prior written notice to the other, provided that such termination shall be without prejudice to any other remedy the party may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The Customer shall pay for any such work in progress that is completed by LES and accepted by the Customer. 5. Excuse of Performance. The Customer's obligation to deliver and LES's obligation to accept for servicing any waste pursuant to this Agreement may be suspended by either party in the event of: act of God, war, riot, fire, explosion, accident, flood, sabotage; lack of adequate fuel, power, raw material, labor, containers, or transportation facilities; compliance with governmental requests, laws, regulations, orders or actions; revocation or modification of governmental permits or other required licenses or approvals; breakage or failure of machinery or apparatus; national defense requirements or any other event beyond the reasonable control of such party; labor trouble, strike, lockout or injunction (provided that neither party shall be required to settle a labor dispute against its own best judgment); which event prevents the delivery, transportation, acceptance, treatment, incineration, or disposal of the waste. 6. Compensation and Payment. The Customer agrees to pay LES for its services in accordance with the price and terms of payment set forth in the attachments to this Agreement. Payment terms are net 30 days from invoice. The parties agree that damages for breach of Customer's obligations under this portion of the contract would be difficult or impractical to determine as a result of the difficulty of precisely measuring the additional administrative costs that LES incurs for delinquent accounts. Because of the difficulty in determining the damages resulting from Customer's breach of its obligation to make payment when due, LES and Customer agree that, in the event Customer fails to make payment when due, an amount equal to 1.5 % per month will be added to all amounts outstanding for more than thirty (30) days. This amount will be calculated on the number of days in excess of thirty (30) days past the invoice date to the date payment is received at LES. Customer is responsible for notifying LES of any question concerning an invoice. In addition, Customer shall be responsible for collection agency or legal fees incurred in collecting payment of an invoice. Customer shall reimburse LES for taxes, tariffs, fees, surcharges, or other charges 4 imposed by legislation or regulations enacted or promulgated after the execution date of this Agreement and levied specifically upon the transportation, treatment, storage, incineration, recycling or disposal of the waste upon thirty (30) days written notice of such change in legislation and upon submission by LES of evidence that such charges have been levied or paid. 7. Sponsorship. The parties agree that LES has entered into separate contracts with third -parties (Sponsors) interested in providing economic assistance to the Customer in consideration of the Customer's agreement to allow the Sponsors' name to appear prominently in all advertising and publicity in connection with the Program. Customer agrees that, in consideration of the payment of the sum of dollars ($ ---) by the Sponsors to LES, and the reduction of Customer's obligation to pay LES the same amount, LES and Sponsor may engage in the promotional activities identified in the attached documents, and that Customer will cause the Sponsors' name to appear prominently in all advertising and publicity in connection with the Program. 8. Generator. The Customer shall be deemed to be the "Generator", for recordkeeping and paperwork purposes, of all Wastes accepted by LES during the Household Hazardous Waste Program from residents of the Customer's service area. 9. Licenses. LES certifies, that on the day of collection, it will have: a. Valid Environmental Protection Agency ("EPA") identification numbers for transportation and storage of hazardous and acutely hazardous wastes; and b. A valid (state) permit for transportation of hazardous wastes. 10. Insurance. LES shall procure and maintain, at its expense during the term of this Agreement, at least the following insurance covering the services to be performed under this Agreement: (a) Worker's Compensation - $1,000,000 or statutory; (b) Employer's Liability - $5,000,000 per occurrence; (c) General Liability (bodily injury and property damage) - $5,000,000 per occurrence, $10,000,000 annual aggregate combined single limit; (d) Automobile Liability - $5,000,000 per occurrence combined single limit; (e) Environmental Impairment Liability for sudden accidental occurrences - $1,000,000 per occurrence, $2,000,000 annual aggregate; (f) MCS -90 Endorsement for hazardous materials transportation - $5,000,000. At least 10 days before the first collection day, LES shall provide the Customer with a Certificate of Insurance showing coverages a, b, c and d above, naming the Customer as certificate holder and noting the Customer's interest. LES shall also provide copies of documents demonstrating coverages a and f above. 11. Title to Waste. Title to all identified Waste accepted by LES at the site from residents of the Customer's service area for transport and disposal by LES shall pass directly from such residents to LES at the time of its acceptance. 12. Warranty. LES warrants that it understands the currently known hazards and suspected hazards which are presented to persons, property and the environment by the transportation, treatment and disposal of Wastes. LES further warrants that it will perform all services under this Agreement in a safe, efficient, and lawful manner using industry -accepted practices, and in full compliance with all applicable state and federal laws and regulations. Customer warrants that it is in compliance with all applicable state and federal laws governing its activities under this Agreement, and that it is under no legal restraint or order which would prohibit transfer of possession or title of collected wastes to LES or prohibit the servicing of 5 o �^ such waste or LES's performance of services under this Agreement. Customer will cooperate and/or assist LES, as requested, with its defense, negotiation, adjustment and or settlement of a claim against Customer. 13. Indemnification. a. LES shall indemnify, hold harmless and defend the Customer from and against any and all liabilities, claims, penalties, fines, forfeitures, suits and the costs and expenses incident thereto (including cost of defense, settlement, and reasonable attorney's fees) which may be alleged against the Customer or which the Customer may incur, become responsible for, or pay out as a result of death or bodily injury to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation or alleged violation of governmental laws, regulations or orders, to the extent that such damage was caused by LES's or LES's agents' negligent, willful or intentional act or omission, breach of contract or a failure of LES's warranties to be true, accurate or complete. b. To the extent allowed by law, the Customer shall indemnify, hold harmless and defend LES from and against any and all liabilities, claims, penalties, fines, forfeitures, suits and the costs and expenses incident thereto (including cost of defense, settlement, and reasonable attorney's fees) which may be alleged against LES or which LES may incur, become responsible for, or pay out as a result of death or bodily injury to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation or alleged violation of governmental laws, regulations or orders, to the extent that such damage was caused by the Customer's or the Customer's agents' negligent, willful or intentional act or omission, breach of contract or a failure of the Customer's warranties to be true, accurate or complete. 14. Independent Contractor. LES is and shall perform this agreement as an independent contractor and, as such, shall have and maintain complete control over all of its employees and operations. Neither LES nor anyone employed by it shall be, represent, act, purport to act, or be deemed to be the agent, representative, employee or servant of the Customer. 15. Modification. No modification of this Agreement shall be binding on LES or the Customer unless set out in writing signed by both parties, except however that the Price List may be modified by LES providing thirty (30) days written notice to the Customer. 16. Headings. The titles of the paragraphs of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting the provisions of this Agreement. 17. Completeness of Agreement. This Agreement and any documents incorporated by reference herein contain all the terms and conditions agreed to by the Customer and LES, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto. 18. When Rights and Remedies Not Waived. In no event shall the making by the Customer of any payment to LES constitute or be construed as a waiver by the Customer of any breach of covenant, or any default which may then exist, on the part of LES, and the making of any such payment by the Customer while any such breach or default exist shall in no way impair or prejudice any right or remedy available to the Customer with respect to such breach or default. Any waiver by either party of any provision or condition of this Agreement 0 shall not be construed or decreed to be a waiver of any other provision or condition of this Agreement, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 19. Personnel. LES represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. LES is and shall perform this agreement as an independent contractor, and as such, shall have and maintain complete control over all its employees and operation. 20. Non -Discrimination Provision. During the performance of this Agreement, LES agrees as follows: a. LES will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of LES. LES agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause. b. LES, in all solicitations or advertisements for employees placed by or on behalf of LES, will state that LES is an equal opportunity employer. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 21. Notices. Any notices, bills, invoices or reports required by this Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the Customer: If to LES: Ron R Eagle County Solid Customer Service/ Chemist Waste Coordinator Laidlaw Environmental Services of Wichita P.O. 250 2549 North New York Eagle, AA' Why ana 9 with a copy to: Laidlaw Environmental Services, Inc. 220 Outlet Pointe Blvd. (29210) P. O. Box 210799 (29221) Columbia, South Carolina Attn: Legal Department Customer shall give written notice to LES of a claim for indemnification under paragraph 12 of this Agreement within fifteen (15) days following Customer's first knowledge of the event or occurrence which gives rise to that claim. Upon receipt of notice, and determination by LES that Customer has a valid claim for indemnification, LES shall have the right to retain counsel to defend, negotiate, adjust, and/or settle a claim against Customer and LES will pay reasonable attorney's fees and other litigation expenses. LES has no obligation to indemnify Customer when Customer does not provide timely notice of a claim allowing LES the timely opportunity to defend, negotiate, adjust, and/or settle the claim. h 22. Governing Law. The Customer and LES agree that the validity and construction of this Agreement shall be governed by the laws of (state), except where preempted by federal law. 23. Patent Infringement Disclaimer. LES disclaims any and all liability for past, present or future patent infringement relating to any apparatus, process, design, product, composition or structure which is made, constructed, used, sold, practiced or supplied by LES for the purpose of fulfilling the terms of this Agreement. LES does not represent and expressly does not warrant that any apparatus, process, design, product, composition, or structure which is made, constructed, used, sold, practiced or supplied by LES does not infringe any issued or future United States or foreign patent. Customer may not seek indemnification from LES for any damages, attorneys fees or costs as a result of a claim of patent infringement brought against it relating to any apparatus, process, design, product, composition or structure which was made, constructed, used, sold, practiced or supplied by LES. 24. Separability. If any section, subsection, sentence or clause of this Agreement shall be adjudged illegal, invalid or unenforceable such illegality, invalidity, or unenforceability shall not affect the legality, validity or enforceability of the Agreement as a whole or of any section, subsection, sentence or clause hereof not so adjudged. IN WITNESS WHEREOF, Customer and LES have executed this Agreement as of the date first written above. CUSTOMER LES 0 LES Wichita DISPOSAL PRICING: WASTE TYPE AEROSOLS PAINTS, OIL BASED LATEX PAINTS PESTICIDES BULKED FLAMMABLE LIQUIDS BULKED CLEANERS LOOSE PACKED ACIDS LOOSE PACKED BASES MISC. HOUSEHOLD SOLIDS OXIDIZERS FERTILIZERS Ni-Cad/Ni-Fe BATTERIES BATTERIES W/MERCURY LITHIUM LEAD ACID BATTERIES DISPOSAL METHOD PRICE ROTARY KILN INCINERATION 375.00/55 ROTARY KILN INCINERATION 375.00/55 650.00/CY RECYCLING 1.50/GAL INCINERATION 650.00/CY ROTARY KILN INCINERATION 375.00/55 FUELS BLENDING 175.00/55 WASTEWATER TREATMENT 195.00/55 ROTARY KILN INCINERATION 375.00/55 ROTARY KILN INCINERATION 375.00/55 ROTARY KILN INCINERATION 375.00/55 650.00/CY ROTARY KILN INCINERATION 375.00/55 LANDFILL 175.00/55 RECYCLING . 65/LBS RECYCLING 3.95/LBS INCINERATION 6.30/LBS RECYCLING DRUMMED .45/LBS PALLETIZED .25/LBS Latex Paints recycling pricing based upon: gross weight/ 10 = gallons Dioxin wastes (i.e. Silvex, 2,4,5-T, PCP...) compressed cylinders, PCB's, and asbestos material will be taken on a case by case basis. Transportation pricinge is $45.00/drum and $180.00/pallet. Batteries subject to $100.00/drum minimum. 2 Positions Price(per man/hour Field Chemist 60 Chemical Technician/Driver I $45 un 110 Gallon Salvage Drum $295 85 Gallon Salvage Drum $180 55 Gallon Drum 17C, 17H, 17E (reconditioned steel) $46 55 Gallon Poly (new) $63 30 Gallon Drum 17H (new) $50 30 Gallon Drum 17H, 17E (reconditioned steel) $46 30 Gallon Poly (new) $51 30 Gallon Fiber (new) $29 20 Gallon Fiber 21 C (new) $29 5 Gallon Pail (steel or poly) (new) $14 Absorbent (50 pound bag) $12.75 Vermiculite (19 pound bag) $12.75 Slikwik (corn cob) (20 pound bag) $12.75 Drum Pump (use and decon) $145 Liners (4 Mil) $4.25 Reactive Bags $2.15 DOT Labels $0.50 EPA Labels $1.05 Protective Gear (level 1) $27 Protective Gear (level 2) $37 Sample Bottles $7.50 Drum Thief $7.50 Disposal Coliwasa $32 Gaylord Boxes (cubic yard boxes) $36 Pallets $20 Super Sacks $27