Full Text
H3JSEHOLD HAZARDOUS WAS45 DISPOSAL AGREEMENT c r THIS AGREEMENT, made and entered into this 2J day of Tt76ru«rY , 1993, by the City of Moscow, hereinafter referred to as the 'CITY' and Chem-Safe Services, Inc., a Washington Corporation, hereinafter referred to as the 'CONTRACTOR'. WITNESSETH: WHEREAS, the CITY desires to provide its citizens with an opportunity to dispose of household hazardous waste (HHW) ; and WHEREAS, the CONTRACTOR is educated, trained and capable of providing the personal services contemplated by this agreement. NOW THEREFORE, the CONTRACTOR and the CITY agree to the following personal service provisions: I. SCOPE OF SERVICES: CONTRACTOR agrees to execute all of said services in a good, substantial, and workmanlike manner and in strict accordance with the following terms and conditions herein, for the period commencing 1¥/ritg,"•/ , 1993, and ending on 3 0 , 1993. 7 THE CONTRACTOR WILL: 1. Attend organizational meetings at CITY'S request. 2. Set-up and take-down of site selected for turn-in day. 3. Go through dry run of turn-in day with all participants. 4. Provide instructions and training for job duties performed by volunteers of turn-in day. 5. Classify, package, and label materials as per guidelines in 49 CFR Transportation, Parts 100-199. 6. Profile materials as per U.S. E.P.A. standards. 7. Load materials on the transportation vehicle. 8. Transportation of HHW to Chem-Safe Services, Inc. for re-pack. 9. Send all empty drums to the CITY after re-pack. 10. Work directly with approved T.S.D. facility(s) to arrange for the disposal of the CITY'S HHW. 11. Send copies of all paperwork to the CITY upon final disposal of HHW at T.S.D. facility(s). Information shall include: Categories and quantities of lab-packed waste and drums containing liquid for incineration. Number of drums containing oil and actual per drum costs for all HHW disposed of. ---PAGE BREAK--- HHW waste Disposal Page Two 12. Provide two chemists, two technicians and two laborers for the household hazardous waste collection day. 13. Supervision of all aspects of the CITY'S household hazardous waste turn-in day. 14. CONTRACTOR will supply safety gear for all CONTRACTOR'S employees. CITY will supply safety gear for CITY's employees. II. TERMS AND CONDITIONS: 1. Status of Generator: The CITY will assume the status of generator for all HHW collected at the turn-in day. 2. Acceptable Materials: Acceptable materials to be disposed of may be of a chemical nature, hazardous, non hazardous, toxic, flammable, corrosive, oxidizing, etc., of an organic and/or inorganic nature. 3. Non-acceptable Materials: Non-acceptable materials (see Appendix B) . The CONTRACTOR shall make a reasonable effort to insure that non-acceptable materials are not accepted for disposal at the turn-in day, but will be accepted for storage by the CITY. 'Disposal' in this paragraph means storage by the CITY of waste packed in drums. 4. Transportation: The CONTRACTOR shall select a transportation company to transport the CITY' S HHW to the CONTRACTOR'S warehouse to re-pack the CITY' S HHW and then to an approved T.S.D. facility for disposal. Prior to commencement of the turn-in day the CONTRACTOR shall provide the CITY with the transportation company's certificates of insurance and any necessary documentation to verify compliance with all applicable state and federal laws. 5. Disposal: All HHW collected by the CONTRACTOR at the turn-in day shall be disposed of in accordance with all applicable state and federal laws. 6. Compliance with Laws: The CONTRACTOR shall conduct services under this agreement and dispose of all HHW in compliance with all applicable state and federal laws. The CONTRACTOR shall obtain all necessary permits, licenses and other forms of documentation required in order to comply with all applicable state and federal laws and prior to commencement of services hereunder, the CONTRACTOR agrees to furnish the CITY with all applicable documentation. ---PAGE BREAK--- HHW Disposal Agreement Page Three III. INSURANCE l. The CONTRACTOR shall at all times during the agreement te¹1m maintain in full force and effect employer's liability, workmen's compensation, public liability and property damage insurance, including contractual liability coverage. All insurance shall be by insurers licensed in Washington or Idaho and for policy limits acceptable to the CITY. Before commencement of seºvices hereunder, the CONTRACTOR agrees to furnish the CITY certificates of insurance or other evidence satisfactory to the CITY to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder." 2. For the pu»¼ose of this contract, the CONTRACTOR shall carry the following types of insurance in at least the limits specified below: Coverage Workman's Compensation Employer's Liability Bodily Injury Liability Property Damage Liability Liability Hazardous Waste Spill or Pollution Limits of Liability Statutory Requirement $500,000 500,000 500,000 500,000 500,000 IV. INDEMNITY: In the perfo»½mance of the services hereunder, the CONTRACTOR is independent and neither the CONTRACTOR, its officers, employees, agents or subcontractors shall be deemed in any respect to be employees of the CITY. The CONTRACTOR will indemnify, save harmless, and exempt the CITY, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees incident to any work done in the performance of this agreement arising out of willful, negligent, or wrongful acts or omissions of the CONTRACTOR, its officers, employees, agents, subcontractors and employees. v. LIABILITY: Neither party shall be liable to the other for delays due to causes beyond the control of either party including, but not limited to acts of God, explosion, riots, fire, accident, flood, labor trouble, war or acts of government, or any other cause reasonably beyond its control ---PAGE BREAK--- HHW Disposal Agreement Page Four but shall use all reasonable efforts to minimize the extent of delay. The CONTRACTOR shall not be liable for any wanton, willful and intentional wrongful conduct on the part of any volunteer or agent of the CITY. VI. COMPENSATION: As consideration for the services rendered, the CONTRACTOR shall be compensated as set forth in accordance with terms of this agreement and the rates listed in Appendix A. The CONTRACTOR shall submit its applications for payment to the City of Moscow, Wm. A. Smith, City Supervisor, P.O. Box 9203, Moscow, ID 83843. Payment will be disbursed subsequent to approval by the City Council. VII. VIII. IX. RATES: Rates as set forth in Appendix A for each type of service include all costs, fees and other expenses associated with services provided herein. ASSIGNMENT: This agreement may not be assigned or sublet without prior written consent of either party. Appendix A and B are hereby adopted and incorporated into this agreement as if fully set forth. WAIVER OF TERMS: The failure of a party to insist upon strict performance of any provision of this agreement shall not be deemed a waiver of any subsequent or continuing breach of the teLlffi or condition of this agreement and shall not waive either party's right to compel strict compliance with each and every term and condition hereof. SOLE AUTHORIZATION TO CHEM-SAFE SERVICES, INC.: This program is being conducted by Chem-Safe Services, Inc. at the request of the City of Moscow. During the term of this agreement the City of Moscow agrees that only Chem-Safe Services, Inc. may act as hazardous waste disposal consultants to the City of Moscow. The CONTRACTOR, by and through its president and the CITY, by and through its Mayor and City Clerk have duly executed this agreement to be effective the day and year first above written. FOR THE COl¾CTOR: &df:< Ralph ' E. Allphin - >resident OorL!z-KJ CLef#+ JoAnn Allphin - Secretary FOR THE CITY: City Clerk ---PAGE BREAK--- HHW Disposal Agreement Page Five ' STATE OF t(,/a sh,..,y'h"T' ) ) ss County of ) On this dv-P- of , 1993, before me a Notary Public in and for said State, appeared cu.c( , known to me to be the President and Secretar1 of Chem - Safe Se vices, Inc. and acknowledged to me that they executed the foregoing agreement on behalf of the Corporation. ---PAGE BREAK--- HHW Disposal Agreement page Six RATES: APPENDIX A 1. Set-up Fee: Includes all scope of services herein except those listed below . $8,475.00 2. Disposal of lab-pack drums (55-gallon) . per invoice 3. Disposal of drums containing liquid for incineration (55-gallon ) : Chlorinated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Non-chlorinated . . Oil based paints . . . . 4. Disposal of drums containing oil . . per invoice per invoice per invoice per invoice 5. Transportation of waste to Chem-Safe Services, Inc . per invoice 6. Transportation of waste to T.S.D. facility following re-pack. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . per invoice 7. Lab-pack drums before re-pack minus drums after re-pack x $50. 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . per invoice PAYMENT: Upon completion of clean-up and exit from site . . $6,275.00 Upon completion of all work contemplated . $2,200.00 ---PAGE BREAK--- HHW Disposal Agreement · Page Seven APPENDIX B The following list of wastes cannot be accepted under E.P.A. (Federal regulations) : Radioactive wastes Explosives Biological or Infectious Waste Commercial Waste