Hazardous_Waste_Removal_Services_Agreement_3.2026_(2)Final.pdf
PDF 277 KB Posted
- Attached to
- Hazardous Waste Removal Services
- Solicitation number
- HAZ2604A
- Issued by
- Los Angeles County, San Francisco City, California
About this file
This is a Services Agreement for hazardous waste removal services between the William S. Hart Union High School District in Santa Clarita, California, and a selected contractor. The District seeks comprehensive hazardous waste management across 16 waste generator sites, including six junior high schools, seven high schools, and maintenance facilities, with an estimated annual waste volume of approximately 13.02 tons. Services encompass identification, lab-packing, manifesting, removal, and legal disposal of hazardous and non-hazardous regulated waste streams including flammable liquids and solids, corrosive substances, oxidizers, aerosols, batteries, fluorescent lamps, antifreeze, paint, used oils, wet animal specimens, and miscellaneous waste materials. Sealed electronic bids were due by 11:00 a.m. on April 29, 2026, with final questions due by April 16, 2026, at 2:00 p.m. The contract commences on July 1, 2026, for an initial three-year term through June 30, 2029, with two successive one-year renewal periods available upon written agreement by both parties. Routine pickups must be scheduled within five business days of District request, while emergency pickups require response within four hours.
Pricing shall remain firm for the initial three-year contract period, with any price increases capped at the annual percentage change in the Consumer Price Index for the Los Angeles-Long Beach-Anaheim area and submitted 90 days prior to contract anniversary dates. Contractors must possess one of the following active California contractor licenses: Class A, B, C-12, C-21, C-36, C-57, or C-61/D40, plus a Hazardous Substance Removal (HAZ) Certification, and must maintain a California Highway Patrol Hazardous Materials License with 40-hour HAZPOWER Certificates with annual refresher training. Contractors must maintain comprehensive insurance coverage including Commercial General Liability of $2,000,000 per occurrence and $4,000,000 aggregate, Pollution Liability of $2,000,000 per occurrence and aggregate, Commercial Automobile Liability of $2,000,000 per accident, and Workers' Compensation coverage of $1,000,000 minimum. The contract is classified as a public works project subject to prevailing wage requirements and California Department of Industrial Relations (DIR) compliance, with all contractors and subcontractors required to register with DIR in accordance with Labor Code Section 1725.5. All contractors must comply with employee background clearance per California Education Code Section 45125.1, drug-free and tobacco-free workplace certifications, and asbestos-free materials certification. Bid security of 10 percent of the maximum bid and Performance and Payment Bonds each equal to 100 percent of the total contract price are required.
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Text version
SERVICES AGREEMENT
Agreement Page 1 of 10
This Services Agreement (“Agreement”) between William S. Hart Union High School District, a public educational agency (“District”) and [legal name] (“Contractor”). District and Contractor are referred to in this Agreement individually as “Party” and collectively as “Parties.”
WHEREAS, the District advertised a formal bid, RFP No. HAZ2604A for Hazardous Waste Removal Services (“RFP”); and
WHEREAS, Contractor warrants and represents to District that Contractor has the experience, expertise, valid licenses, hazardous waste manifests, and resources to successfully and effectively perform the agreed-upon services in compliance with all local, state, and federal laws and regulations.
NOW, THEREFORE, in consideration of the mutual promises set forth below, the Parties agree as follows:
1. Scope of Service. Contractor shall perform the agreed-upon services as defined by the scope of work, deliverables, and standard of performance identified in Attachment A, and in accordance with the terms and conditions in this Agreement. Services shall be performed consistent with the professional skill and care of Contractor’s profession and in compliance will all applicable laws, including but not limited to CCR Title 22 and Title 26.
2. Component Parts of the Contract. This Services Agreement is but one component of the Contract that sets forth the complete understanding and agreement of the District and the Contractor with respect to the performance of the work. The Contract is composed of all of the Contract Documents, as may be amended in accordance with their provisions, and each such document is hereby incorporated as an operative and effective part of the Contract. The Contract Documents shall be deemed and construed to be complementary and an integrated whole. Any requirement or provision set forth in one Contract Document, but not in one or more of the other Contract Documents, shall be interpreted as if set forth in or applicable to all contract Documents. The Contract Documents include, but are not limited to, all of the following:
(i) Notice Inviting Bids;
(ii) Instruction For Bidders;
(iii) Bidder References and Information
(iv) Designation of Subcontractors;
(v) Site Visit Certification;
(vi) Services Agreement;
(vii) General Provisions;
(viii) Special Provisions;
(ix) Addenda Nos. __________________________________
(x) Non-Collusion Declaration;
(xi) Certification of Asbestos-Free Materials;
(xii) Certification of Drug-Free and Tobacco-Free Workplace;
(xiii) Certification of Employee Background;
(xiv) Certification Regarding Workers Compensation;
(xv) Contractor’s Guarantee to Owner;
(xvi) Payment Bond;
(xvii) Performance Bond
(xviii) Change Orders; and
(xix) Notice to Proceed.
Agreement Page 2 of 10
3. Term. This Agreement will begin July 1, 2026 and will be completed on June 30, 2029. Thereafter, the parties may extend the term of the Agreement for two (2) successive one-year periods upon written agreement signed by both parties.
Price adjustments: Prices shall remain firm for the initial three-year Agreement. Increases for any Amendment to the contract must be submitted ninety (90) days prior to the anniversary date.
Increases are capped at the annual percentage change in the Consumer Price Index (CPI-U) for the Los Angeles-Long Beach-Anaheim area. Unless otherwise stated, the vendor agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the District. Any price increases or decreases for subsequent contract terms may be negotiated between Contractor and District only after completion of the initial term.
4. Fees and Payments. Contractor will receive compensation in an amount not to exceed the hourly or project rates shown in Attachment A for services performed. District will pay Contractor all amounts owed within 30 days of receipt of Contractor’s undisputed billing invoice. The District retains the right to increase or decrease the Services, deliverables, or amount of work as it deems appropriate and at its sole discretion. Invoices, inclusive of backup manifest and work orders, are to be sent to the Maintenance and Operations Department, accountspayable@hartdistrict.org and a copy shall be sent to the District’s Director of Risk Management.
5. Outsource. The District reserves the right to separately procure any requirements that will exceed the capacity of the vendor, including ordering supplies / equipment, additional service days by trained/certified personnel, additional licensed transportation services, and optional use of treatment, storage or disposal facility owned by other companies/ vendors.
6. Fingerprinting and Student Safety. Vendor will be responsible for safety related to and during the performance of the work hereunder. Vendor will ensure that Vendor’s employees and the employees of its sub-contractors (where applicable) are notified of, and observe and abide by, all safety regulations and laws. Vendor shall include provisions for compliance with all safety regulations and laws in all sub-contracts.
a. The Contractor shall require and be responsible for ensuring that each person who will be at, on or in the vicinity of the Project Site on account of the Work, and/or each employee who interacts with pupils, has a valid criminal records summary as required by Education Code Section 45125.1. The Contractor must complete, execute, and submit to the District a “Certification of Employee Background” form included in the Required Contract Forms to thereby certify that no person assigned to the Work or who otherwise will be present at or on the Project Site, and/or each employee who might interact with pupils, has been convicted of any felony as described in Education Code Section 45122.1. The Contractor must attach to the executed certification a list of all persons to whom the certification applies. The Contractor shall prohibit and prevent each and every person who will be at, on or in the vicinity of the Project Site on account of the Work (including not only all persons assigned to the Work directly by the Contractor, but also all persons assigned to the Work by any Subcontractor, materialman, or other person or entity that furnishes any labor, materials, services, goods or other things in connection with the Work), and/or each employee who might interact with pupils, from being present at, on or in the vicinity of the Project Site unless and until the Contractor provides the required certification including such person to the District. Moreover, Contractor shall immediately provide any applicable subsequent arrest and conviction information it receives to the District. If the Contractor is a sole proprietor, the District shall prepare and submit the Contractors fingerprints per Education Code section 45125.1. Any Contractor that is a sole proprietor shall have an immediate and affirmative duty to inform the District of such status so mailto:%20accountspayable@hartdistrict.org
Agreement Page 3 of 10 as to allow the District to comply with Education Code section 45125.1. Notwithstanding the foregoing, compliance with Education Code Section 45125.1 shall be subject to the District’s sole discretion to grant alternative compliance requirements per Education Code section 45125.2, subdivision (a).
7. Contractor Environmental/Hazardous Materials Responsibilities. The Contractor shall comply with applicable Laws and shall strictly adhere to the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
a. All activities of the Contractor relating to removal, transportation and/or disposal of any hazardous material shall be in strict compliance with the Laws, including compliance with requirements of manifests for the transportation and disposal of hazardous materials.
b. Contractor is responsible for the legal “cradle-to-grave” tracking of all waste. Fully executed manifests must be returned to the District’s Director of Risk Management within 35 days of pickup.
c. Contractor warrants that all disposal and treatment methods comply with current EPA and CalEPA regulations regarding PFAS/PFOA and other “forever” chemicals.
8. Emergencies. In an emergency affecting life, life safety, property damage, the Work or adjoining property, Contractor, without special instruction or authorization from District, shall take such actions reasonably necessary to prevent such threatened loss or injury. Contractor shall immediately report in writing to the District Director of Risk Management if such action is taken.
9. Employee Competency and Discipline. The Contractor shall enforce strict discipline and good order among employees of the Contractor and Subcontractors at the Site. Personnel of the Contractor or any Subcontractor are subject to removal from the Site for violations of the Laws or District Policies.
The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them and shall dismiss from its employ and direct any Subcontractor to dismiss from their employment any person deemed by the District to be unfit or incompetent to perform assigned tasks.
10. District Policies; Noise, Drugs, Tobacco, and Alcohol. Use, possession, consumption or work under the influence of alcohol or illegal drugs at the Site is prohibited. District Board Policies prohibit the use of any form of tobacco products at the Site. Use of music/audio devices, including radios or wearing any headphone devices for entertainment while performing Work at the Site is prohibited.
The Contractor shall implement measures to: (i) notify all personnel at the Site of such prohibitions and (ii) prevent violations of such prohibited conduct. The District expressly reserves the right to remove Contractor’s personnel violating the foregoing.
11. DIR Registration and Prevailing Wages. The Contractor and all Subcontractors must comply with the
Labor Code §§1725.5 and 1771.1 and must be properly and currently registered with the California Department of Industrial Relations ("DIR") and qualified to perform public works pursuant to Labor Code section 1725.5 throughout the duration of the Project.
a. Contractor shall pay their respective workers wage rates not less than the prevailing wage rate established for the classification, trade or work performed by each worker.
b. Contractor must submit certified payroll records electronically to the Labor Commissioner.
12. Insurance Requirements. Contractor shall, at their expense, maintain and comply with Insurance
Requirements listed below to protect Contractor and District from any claims for personal injury, bodily injury and property damage arising from, pertaining to or relating to the scope of work under this Agreement:
Agreement Page 4 of 10
a. Commercial General Liability. Minimum limits of $2,000,000 per occurrence and $4,000,000 general aggregate for personal injury, bodily injury, death, other injury, and property damage.
b. Pollution Liability. Minimum limits of $2,000,000 per occurrence and $2,000,000 general aggregate. The Contractor Pollution Liability policy shall cover losses for bodily injury, property damage, defense, and cleanup as a result of pollution conditions (sudden/accidental and gradual) arising from contracting operations performed by or on behalf of the Contractor.
c. Commercial Automobile Liability. $2,000,000 per accident for bodily injury and property damage applicable to all owned, non-owned, and hired vehicles. Policy must include MCS-90 and CA9948 (Broadened Pollution) endorsements for hazardous waste transport.
d. Worker’s Compensation. Minimum limits of $1,000,000. The Employer’s Liability Insurance shall cover bodily injury (including death) by accident or disease to any employee which arises out of the employee’s employment by Contractor. The Employer’s Liability Insurance may be obtained as a separate policy of insurance or as an additional coverage under the Workers’ Compensation Insurance policy.
e. Primary Insurance. Any insurance or self-insurance maintained by the District shall be excess of the Contractor’s insurance and shall not contribute with it.
f. Waiver of Subrogation. Contractor agrees that in the event of loss due to any perils for which it has agreed to provide Commercial General and Automobile Liability insurance, Contractor shall look solely to its insurance carrier(s) for recovery and grants a waiver of any right to subrogation which any such insurer of Contractor may acquire against the District by virtue of payments of any loss under this insurance.
g. Additional Insured Endorsement. Insurance shall name the District and its Governing Board, officers, employees, agents, and volunteers as Additional Insured under its Commercial General policy.
h. Certificate of Insurance. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-XV or better unless otherwise acceptable to the District. Contractor shall furnish to the District original certificates of insurance and amendatory endorsements effecting coverage required by this Agreement and indicating a thirty (30) day cancellation notice or notice of reduction in coverage before performing any Services under this Agreement.
Contractor will be in material default of the Agreement if it fails to timely furnish these documents to the District.
13. Expenses and Equipment. Contractor is solely and fully responsible for all costs and expenses incident to the performance of the Services by Contractor, including all instrumentalities, supplies, tools, equipment, or materials necessary to perform the Services. If the District furnishes any goods, materials, or equipment to Contractor, Contractor assumes complete liability for those goods, materials, or equipment. Contractor agrees to pay for such tools or materials spoiled by it or not otherwise accounted for to the District’s satisfaction.
14. Preventative Maintenance and Warranty. Contractor will perform all full preventative maintenance to keep any Contractor supplied equipment in the most efficient mechanical and working condition possible. Contractor agrees to provide adequate training of District personnel to efficiently operate and maintain any products or equipment installed.
15. Independent Contractor. In the performance of this Agreement, Contractor shall act as an independent contractor. Contractor shall perform the Services and obligations under this Agreement according to the Contractor's own means and methods of work which shall be in the exclusive charge and under the control of Contractor, and which shall not be subject to control or supervision by the District except as to the results of the work. Contractor understands and agrees that he/she/it and all of his/her/its employees shall not be considered officers, employees or agents
Agreement Page 5 of 10 of the District, and are not entitled to benefits of any kind or nature normally provided employees of the District or to which District's employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker's Compensation. Contractor assumes the full responsibility for the acts or omissions of his/her/its employees or agents as they relate to the Services to be provided under this Agreement. Contractor is not authorized to make any representation, contract or commitment on behalf of the District.
16. Time of Performance. The District’s Maintenance and Operations Department shall coordinate all service requirements with Contractor. Contractor shall provide a minimum of thirty (30) days notice prior to services being performed.
17. Termination. District may terminate this Agreement for its convenience at any time by written notification to Contractor thirty (30) days prior to the effective date of termination. District will pay Contractor all earned and undisputed amounts for Services provided through the date of termination.
18. Limitation of Liability. The District’s financial obligations under this Agreement are limited to the payment of the compensation provided in this Agreement and Attachment(s). Notwithstanding any other provision of this Agreement, in no event, shall the District be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement for the Services performed in connection with this Agreement.
19. Indemnity. Contractor hereby agrees to and shall indemnify and hold harmless District, its
Governing Board, officers, employees, and agents (collectively, indemnities) from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Contractor, its officers, employees, agents, Companies and/or subcontractors in performing services under the Contract; (2) the failure of Contractor, its officers, employees, agents, Companies and/or subcontractors to comply in all respects with the provisions of the Contract, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Contractor, its officers, employees, agents, Companies and/or subcontractors in performing services under the Contract for which strict liability is imposed by law (including, without limitation, the Environmental Laws). The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities negligence, but shall not extend to matters resulting from the indemnities sole negligence, or willful misconduct. Contractor further agrees to and shall, upon demand of District, at Contractor's sole cost and expense, defend (with attorneys acceptable to District) District, its elected and appointed boards and commissions, officers, employees, and agents against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse District for any and all costs and expenses District incurs in providing any such defense, either before, during or after the time Contractor elects to provide such defense, including any and all costs incurred in overseeing any defense to be provided herein by Contractor.
Contractor, upon demand of District, made by and through District’s Attorney, shall protect District and appear in and defend District and its elected officials, officers, employees and agents, in any
Agreement Page 6 of 10 claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definition of “Waste” the scope of the rights granted herein, conflicts between the rights granted herein and rights asserted by other persons, or the limits of District’s authority with respect to the grant of licenses, or Contracts, exclusive or otherwise, asserting rights under the Dormant Commerce Clause or any other federal or state laws to provide Hazardous Waste Removal Services for District.
The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Contract.
a. Hazardous Substances Indemnification: Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Contractor specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to District) reimburse, indemnify, and hold District and its past and present officers, Governing Board, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of Contractor that:
1). results in any demand, claim, notice, order, or lawsuit, asserting that any indemnified party is liable, responsible or in any way obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any hazardous contaminant (as defined herein); or 2). relates to material collected, transported, recycled, processed, treated or disposed of by Contractor.
Contractor’s obligations pursuant to this Section shall apply, without limitation, to:
1). any claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter-Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision;
2). any claims based on or arising out of or alleged to be arising out of the Ownership, use, lease, sale, design, construction, maintenance or operation of Contractor of any facility;
3). any claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Contractor;
4). any claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with the Contract.
The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Contractor or any affiliate of Contractor. For purposes of this Section, the term "Hazardous Contaminant" shall mean any "hazardous material," as that term is defined under
Agreement Page 7 of 10
California Health & Safety Code Section 25501(1); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos-containing material. The term "Hazardous Contaminant" shall also include any and all amendments to the above-referenced statutory and regulatory provisions made before or after the date of execution of the Contract.
The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of the Contract.
20. Liquidated Damages. The District and the Contractor recognize that time and strict adherence to safety protocols are of the essence in this Agreement. Because the actual damages resulting from a delay in service, an improper disposal event, or a failure to meet regulatory compliance deadlines are difficult – if not impossible – to calculate precisely, the parties agree that liquidated damages are a reasonable estimate of the District’s anticipated losses. These damages are intended to compensate the District for administrative costs, potential regulatory fines, and public safety risks, and are not intended as a penalty.
The Contractor acknowledges that the following amounts represent a fair and reasonable estimate of the District’s internal administrative costs and anticipated damages for breach of service:
(a) Performance Delays: For each calendar day the Contractor fails to provide scheduled services, the
District may assess $500.00 per day;
(b) Reporting Failures: For each day a required manifest, regulatory report or compliance document is overdue, the District may asses $250.00 per day;
(c) Safety/Regulatory Violations: For each instance of improper waste characterization, labeling, or unapproved disposal, the District may assess $1,500.00 per occurrence. These sums may be withheld from any payments due or to become due to the Contractor. Assessment of Liquidated Damages shall not preclude the District from seeking additional remedies for actual costs associated with spill remediation, environmental cleanup, or third-party regulatory fines resulting from the Contractors negligence.
21. Prohibition Against Unlawful Discrimination. Contractor and District mutually agree that they will comply with all applicable Federal and California state anti-discrimination laws and regulations and agree not to unlawfully discriminate against any prospective or active employee engaged in the work, or against any other person, on the basis of race, color, age, ancestry, national origin, sex, religious creed, marital status, or physical or mental disability, or sexual orientation or any other category protected by law, including but not limited to:
a. The Fair Employment and Housing Act (Cal. Gov. Code Section 12900 et seq.);
b. The Unruh Civil Rights Act (Civil Code Section 51 et seq.);
c. California Government Code Section 11135 et seq.;
d. California Labor Code Section 1101 et seq.;
e. California Labor Code Section 1735;
Agreement Page 8 of 10
f. The Federal Civil Rights Act of 1964 (42 U.S.C. Section 2000e et seq.);
g. The Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.);
h. The Age Discrimination in Employment Act (29 U.S.C. Section 621 et seq.);
i. The Rehabilitation Act of 1973 (29 U.S.C. Section 701 et seq.); and
j. Presidential Executive Order 11246.
22. Audit. Contractor agrees that the District has the right to review, audit, and to copy any of Contractor’s or Contractor’s sub-consultants’ records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of four (4) years after final payment, unless a longer period of records retention is required. Contractor agrees to allow the District access to these records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Contractor agrees to include a similar right of the District to audit records and interview staff in any subcontract related to performance of this Agreement.
23. Notice. All notices required or permitted to be given under this Agreement by either party to the other, shall be in writing and given, served, and received, if given in writing and either personally delivered or deposited in the Unites States mail, registered or certified mail, postage prepaid, return receipt requested, or sent by overnight delivery services, or digital transmission, addressed as follows:
For District:
William S. Hart Union High School District Attention: Director of Risk Management 21380 Centre Pointe Parkway Santa Clarita, CA 91350
For Contractor:
Contractor Name:
Attn:
Phone:
E-mail:
Any notice personally given or sent by digital transmission is effective upon receipt. Any notice sent by overnight delivery service is effective the business day next following delivery by overnight services. Any notice given by mail is effective three days after deposit in the United States mail.
24. Force Majeure. Neither party shall be responsible for delays or failure in performance resulting from acts beyond the control of such parties. Such acts shall include, but not limited to, Acts of God, labor disputes, civil disruptions, acts of war, epidemics, fire, electrical power outages, earthquakes or other natural disasters.
25. Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of California in accordance with its fair meaning and not strictly for or against the District or Contractor. Any legal proceedings brought to interpret or enforce the terms of this Agreement, Agreement Page 9 of 10 shall be brought in Los Angeles County, California.
26. Disputes. Except in the event of the District’s failure to make earned and undisputed payments to Contractor, if the District and Contractor have a dispute, each will continue to perform its respective obligations, including Contractor’s duty to provide and perform the Services, during all attempts to resolve the dispute.
27. Successors; No Assignment. This Agreement and all terms hereof are binding upon and inure to the benefit of the respective successors of Contractor and the District. Neither Contractor nor District may assign rights or obligations of this Agreement without the prior written consent of the other, which may be withheld or granted in sole discretion of the Party requested to grant consent.
28. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
29. Entire Agreement. This Agreement and Attachment(s) constitute the sole entire Agreement and understanding between the District and Contractor concerning their subject matter. It replaces and supersedes all prior agreements or negotiations, whether written or verbal. It may not be modified except in a writing signed by the District and Contractor.
IN WITNESS WHEREOF, the District and Contractor have executed this Agreement as of the dates set forth below.
[CONTRACTOR NAME] William S. Hart Union High School District:
Signature:
Print Name:
Title:
Date:
Signature:
Print Name:
Title:
Date:
Agreement Page 10 of 10
ATTACHMENT A
SCOPE OF WORK & DELIVERABLES
1. General Service Description
The Contractor shall provide all labor, materials, equipment, and transportation necessary for the identification, lab-packing, manifesting, removal, and legal disposal of hazardous and non-hazardous regulated waste generated at all William S. Hart Union High School District sites.
2. Technical Requirements & Performance Standards
• Contractor must perform "profile" testing on unknown chemicals to ensure proper categorization before transport.
• Contractor shall provide chemically compatible containers (drums, pails, overpacks) and cushioning materials for the safe transport of laboratory chemicals.
• Services include the collection of "Universal Waste" (fluorescent lamps, batteries, mercury-containing equipment) in accordance with 22 CCR § 66273.
• Routine pickups shall be scheduled within five (5) business days of a District request. Emergency pickups must be responded to within four (4) hours.
3. Mandatory Documentation (The "Audit Trail")
The Contractor shall provide the District with the following documents for every service event. No payment will be processed until these items are received:
1. Uniform Hazardous Waste Manifest: Signed by the Contractor (Transporter) and the receiving Facility (TSDF).
2. Land Disposal Restriction (LDR) Notification: Confirming the waste meets treatment standards.
3. Certificate of Disposal/Destruction: Issued by the final disposal facility within 45 days of waste removal.
4. Work Order Summary: A detailed line-item list of the volume, weight, and chemical names of all materials removed.
4. Site Safety & Conduct
• Contractor must maintain a spill kit on their vehicle at all times. Any spill caused by the Contractor on District property must be remediated immediately at the Contractor’s sole expense.
• Unless otherwise authorized, all pickups must occur during non-instructional hours or transition periods to minimize student exposure.
• Upon request, the Contractor shall provide a 30-minute "Safety Briefing" to District custodial or science staff regarding proper waste accumulation and labeling.
5. Facility Requirements
Contractor shall only utilize Treatment, Storage, and Disposal Facilities (TSDFs) that are:
Agreement Page 11 of 10
• Fully permitted by the EPA and applicable State agencies.
• Not currently under an active "Notice of Violation" (NOV) that impacts their ability to accept the
District's waste stream.
| 1. General Service Description |
| 2. Technical Requirements & Performance Standards |
| 3. Mandatory Documentation (The "Audit Trail") |
| 4. Site Safety & Conduct |
| 5. Facility Requirements |
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