Supplemental Terms and Conditions
Environmental Handling, Transportation, and Disposal of Hazardous and Regulated Materials
The Contractor or Seller shall pursue work without detriment to the environment and perform all work consistent with industry-wide standards and laws and regulations governing the control of pollution of the environment without additional cost to the Buyer, MSC or MARAD, as applicable. Additionally:
a) Contractor or Seller agrees to indemnify, defend, and save Buyer harmless from and assume any liability, payment, expense (including reasonable attorneys’ fees) or loss resulting from the failure by the Contractor or Seller for any reason to comply fully with every Federal, state, or local law, statute, regulation, rule, ordinance, treaty, or government directive that directly or indirectly regulates or affects the collection, handling, storage, transportation, or disposal of any hazardous material, hazardous waste, or other regulated material encountered by the Contractor or Seller hereunder, and from and against any and all claims, suits, liabilities, directly or indirectly, based on damage to, or destruction of, any property (including the property of Contractor or Seller), or injury (including death) to any person or property arising out of or attributable to any negligent or willful act or omission to act, of or by Contractor or Seller, its agents or Subcontractor or Seller in performing the Contract hereunder. Such indemnification liability shall be binding upon successors in interest of the Contractor or Seller, and shall survive Contract final payment.
b) Contractor or Seller agrees that in Contract performance hereunder, Contractor or Seller shall comply with all applicable Federal, state, and local laws, rules, and regulations regarding any hazardous material, hazardous waste, or other regulated material. It is understood and agreed that all performance under this Contract is subject to all applicable waste regulations of the Environmental Protection Agency, Department of Transportation, the applicable state Department of Water Resources, OSHA, the U.S. Coast Guard, and/or other government agencies having jurisdiction over the operations of the Buyer and Contractor or Seller with respect to the goods and services specified herein.
c) Buyer shall have the right to inspect and obtain copies of all written licenses, permits, or approvals issued by any governmental entity or agency to Contractor or Seller that are applicable to this Contract; to inspect and test, at its own expense, the handling, loading, transportation, storage, treatment, or disposal operations conducted by Contractor or Seller in the performance of this Contract regarding any hazardous material, hazardous waste, or other regulated material.
d) Contractor or Seller shall be liable for the maintenance and production of records regarding the goods and services performed under this Contract relating to hazardous material, hazardous waste, or other regulated material for a period of ten (10) years from the effective date of the Contract. Sixty (60) days prior to the expiration of this period, Contractor or Seller shall notify Buyer in writing of the expiration period coming due and provide Buyer with the option of obtaining the records from the Contractor or Seller. If Buyer elects to obtain the records, Contractor or Seller shall facilitate the transfer of them in accordance with the Buyer’s direction (40 CFR, Part 264).
e) If any hazardous material, hazardous waste, or other regulated material is transported and/or disposed of by or for Contractor or Seller hereunder, Contractor or Seller shall comply or ensure Subcontractor or Seller compliance with all manifest system and recordkeeping requirements set out in Federal environmental regulation 40 CFR, Part 263. Contractor or Seller shall ensure a tracking methodology for the purpose of maintaining absolute control and accountability from initial collection to final disposition of any and all hazardous material, hazardous waste, or other regulated material hereunder. Contractor or Seller shall provide Buyer copies of manifests within thirty (30) days after the date of the signature on the manifest.
f) Contractor or Seller, by its offer and acceptance of this Contract, acknowledges that it or Subcontractor or Seller are qualified and certified as being in compliance with all applicable laws for the provision of goods or services under this Contract that are in any way related to hazardous material, hazardous waste, or other regulated material. Contractor or Seller shall provide Buyer with its own or its Subcontractor or Seller’s EPA number when hazardous waste or material is handled, transported, and/or disposed of.