Resolution No. 5323
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR THE HANDLING,
TRANSPORTATION AND DISPOSAL OF POLYCHLORINATED
BIPHENYL (PCB> WASTE MATERIAL BY AND BETWEEN
THE GENERAL ELECTRIC COMPANY AND THE CITY
OF VERNON
WHEREAS, the General Electric Company is in the
business
disposing
of
of
transporting
and
handling,
PCB waste material; and
WHEREAS,
the City of Vernon has surplus transformers
which may have been exposed to PCB waste material; and
WHEREAS, the City of Vernon wishes to contract with
the General Electric Company to dispose of these surplus
transformers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS: .
~sQIIQ~_l: That the City Council of the City of
Vernon hereby finds and determines that the recitals contained
hereinabove are true and correct.
~sQIIQ~_~: That the City Council of the City of
Vernon
approves the Agreement for the
Handling,
hereby
Transportation and Disposal of Polychlorinated Biphenyl
(PCB>
waste material, a copy of which has been presented to the City
Council concurrently with this Resolution and the City Council
hereby orders said Agreement to be received and filed by the
City Clerk.
~sQIIQ~_~: That the City Council of the City of
Vernon hereby authorizes the Mayor and the City Clerk to execute
said Agreement for, and on behalf of, the City of Vernon.
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~~gIIQ~_!: The City Clerk of the City of Vernon shall
certify to the passage of this Resolution and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this ~!!:_ day of ~~:':::':~~~::_, 19f;36.
~ONIS.C. -MAL URG, ~~
ATLTS : / //
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BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
) ss.
2 COUNTY OF LOS ANGELES )
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4 I,. BRUCE V. MALKENHORST ,City Clerk of the City of
5 Vernon, do hereby ce.rtify that the foregoing Resolution ,being
6 Resolution No. 53~3
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, was duly adopted by the City Couri.cilof
the City of Vernon, and was approved by the Mayor of said City
an adjourned
at ~/regular meeting of the City Council held on Tuesd.ay,
November 4 , 19 86 .
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BRUCE V.
Clerk
(SEAL)
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Agreement #
AGREEMENT
FOR THE
HANDLING, TRANSPORTATION AND DISPOSAL OF
POLYCHLORINATED BIPHENYL (PCB) WASTE MATERIAL
THIS AGREEMENT, made and entered into as of the 4th day
of November , 1986, by and between General Electric
Company, a New York Corporation (hereinafter referred to as
"Gen.eral Electric", "GE", or "Company") and City of Vernon
hereinafter referred to as "City of Vernon" or "Customer".
WITNESSETH THAT WHEREAS, "City of Vernon" desires to
contract with General Electric for the comprehensive management
of certain PCB waste, said management to include acceptance,
handling, transportation and legal disposition of certain "PCB"
waste qonsisting of contaminated oil, dirt, debris,
transformers, regulators, capacitors and other related materials
containing Polychlorinated Biphenyl (PCB);
WHEREAS, the parties hereto desire to set forth terms
and conditions under which the aforesaid services shall be
performed; and /
WHEREAS, "City of Vernon's" primary goals are to ensure the
safe, lawful and final disposal of the aforementioned waste;
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants contained herein, and intending to be legally
bound, the parties hereto agree as follows:
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PARAGRAPH
NO.
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
TABLE-OF-CONTENTS
GENERAL WORKSCOPE . . . . . . . . . . . . . . .
TRANSFER OF PCB TRANSFORMERS, PCB LIQUID/SOLID
WASTE MATERIALS AND PCB CAPACITORS . . .
WORK PERIOD . .
. . . . . . . . . . . . . .
RESPONSIBILITIES OF THE CUSTOMER
. . . . . . . . . . .
TERMS AND CONDITIONS FOR ALL DISPOSAL/DECOMMISSIONING
OF PCB MATERIALS . . . . . . . . . . . . . . . . . . .
STANDARD CONDITIONS FOR SERVICES (AES-5(C) .
. . .
PRICE AND PAYMENT
. . . .
TERM OF AGREEMENT
. . .
ADDITIONAL SERVICES .
VALIDITY PERIOD
ACCEPTANCE
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PAGE NO.
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1.0 GENERAL WORK SCOPE
1.1 Services will include inspecting, unloading,
transporting, receiving, temporary storage, handling,
draining, flushing, testing, labeling, permitting,
record-keeping, reporting and legal disposition of all
PCB materials in accordance with all local State and
Federal regulations and safety codes.
1.2 General Electric shall perform the specified services of
decommissioning and legal disposition of PCB
transformers, PCB-contaminated transformers, transformer
carcasses, regulators, PCB capacitors and other
liquid/solid waste PCB materials.
1.3 The services shall be performed with respect to such
material as may be designated. by City of Vernon from
time to time.
1.4 All PCB materials will be received and processed in the
General Electric PCB Service Center. Any known water
contamination of fluids must be reported to General
Electric prior to pickup. The drained carcasses with
less than 5 ppmPCB will be accumulated on-site for
pickup by a reCYCle/scrap vendor arranged for by City of
Vernon. All PCB liquids greater than 5 ppm PCB will be
chemically destroyed or incinerated. Any known water
contamination of fluids must be reported to General
Electric prior to pick-up. All PCB equipment carcasses
greater than 5 ppm PCB and PCB solids, will be disposed
of in an EPA approved Class I Hazardous Waste Landfill.
All PCB capacitors will be incinerated at an EPA
approved facility.
1.5 Transformers/regulators received by GE without a
certificate of analysis will be tested by GE for ppm
PCB concentration.
1.6 A computerized PCB tracking system for all material
received by GE from City of Vernon will be maintained
and a quarterly report will be issued to City of
Vernon. ,/
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2.0 TRANSFER OF PCB EQUIPMENT ,PCB LIQUID/SOLID WASTE MATERIALS
AND PCB CAPACITORS
2.1 General Electric will receive materials at the Customer's
designated pick up points or General Electric's PCB Service
Center at 3601 E. La Palma, Anaheim, CA, 92806. See paragraph
5.6 for conditions of transfer and title passage.
2.1.1 Designated Customer properties for General Electric
pick-up are located at:
2323 E. Vernon Avenue
Vernon, CA 90058
Other mutually-agreeable transfer poi nts may be added
to this agreement as appropriate.
2.1.2 Initially, Customer elects that all PCB materials be
picked up by General El ectric at the dock of the
designated Customer site. General Electric reserves the
right to inspect and approve acceptance of PCB materials
prior to loading at the Customer's site.
2.1.3 General Electric will coordinate with Customer to receive
the materials which are the subject of this agreement.
2.1.4 General Electric will use its best efforts to comply
with customer's schedule for pick-up of the Material
--by General Electric, provided that a) Customer gives
General Electric at least 3 days advance notice of such
schedule and that b) General Electric is still able to
fully comply.
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3.0 WORK PERIOD
3.1 All work related to the pick up, transport, disposal and
decommissioning of PCB materials will be performed
during normal working hours, Monday through Friday. If
work is performed on an overtime basis at the Customer's
request, the premium portion of the time spent will be
billed in addition to the price quoted. Premium time
for General Electric personnel will be billed at its
published rates in effect at the time the work is
performed. Premium time for any subcontractor personnel
will be billed at GE's cost plus a mark-up of 20%.
3.2 All straight time work is to be performed in accordance
with the attached price and payment schedule.
4.0 RESPONSIBILITIES OF THE CUSTOMER
4.1 Designate Customer personnel to be contacted for the
coordination of disposal activities with General
Electric.
4.2 Provide equipment and personnel to accomplish the
loading of PCB items onto General Electric furnished
transport vehicles, unless otherwise agreed upon between
Customer and GE.
4.3 In order to maintain safe and efficient working
conditions, the Customer and General Electric will
cooperate to assure that each party shall have the right
to free and safe access to the other's loading
facility.
4.4 It is understood that minimal disruption of normal
business activities shall be a joint and cooperative
effort of the Customer and General Electric.
4.5 All PCB materials received by General Electric for
disposal will be packaged in containers complying with
applicable regulations subject to inspection and
approval by a General Electric representative prior to
loading on General Electric furnished truck or unloading
at the General Electric facility dock.
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4.6 As required by Federal Regulations, the Customer shall
attach a tag or label to each PCB item or PCB container
indicating the date the item was removed from service
and/or placed into storage for disposal, and
concentration in parts per million on all fluids.
4.6.1 Under existing regulations promulgated by the
U.s. Environmental Protection Agency, the
Customer (Owner) had (has) an obligation to
assure the proper and complete disposal of any
PCB ArtiCle or PCB Container within one year from
the date when it was first placed into storage
for disposal. Incinerators and chemical waste
landfills frequently place additional time limit
restrictions and surcharges on materials
delivered to them after a period in storage.
4.6.2 The Company warrants that the materials accepted
by it for disposal will be transported to the
disposal facilities (all as required by law) in a
timely and expeditious manner after the Company
takes possession thereof, but cannot be
responsible for any additional costs imposed by
the disposal facilities consequential to receipt
for materials by the Company more than one
hundred and twenty (120) days after being placed
in storage for disposal by the Owner, or more
than one hundred and twenty (120) days after
removal from service in the case of items having
been placed in temporary storage.
4.6.3 The Customer therefore further agrees to
indemnify and hold Company, it's officers,
employees, and subcontractors harmless from and
against any and all loss, cost, fines, penalties
and cost of defense on account of the failure to
dispose of the material within one (1) year if
delivered to company more than eight (8) months
after being placed in storage by the Owner, and
to pay the Company for disposal facility
surcharges, if imposed, for materials delivered ,/
to the Company beyond the one hundred and
twenty (120) day periods referred to above.
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4.7 General Electric Company shall perform analysis of PCB
concentration in parts per million (analyzed by EPA
approved method) for fluids (fluids in drums,
transformers and bulk) and empty transformers received
by General Electric for disposal. Billing for disposal
of said PCB materials shall be in accordance with
Section 7 of this contract.
4.8 The Customer expressly warrants that the waste material
delivered to and accepted by General Electric shall be
material as described on Page 1 of this Agreement.
5.0 TERMS AND CONDITIONS FOR ALL DISPOSAL/DECOMMISSIONING OF PCB
MATERIALS' . . . . . . . . . . . . . . . . . . . . . . . . .
5.1 Except as specifically provided hereinafter, General
Electric's Standard Conditions for Service (Article 6.0)
apply to the extent applicable.
5.1.1 Sale of any services or related material covered
by this quotation is conditioned upon the terms
and conditions contained herein. Anyadditional
or different terms and conditions proposed by
Customer are objected to and will not be binding
upon Company unless specifically assented to in
writing by Company's authorized representative.
Any order for or any statement of intent to
purchase hereunder, or any direction to proceed
with the work shall constitute assent to
Company's terms and conditions.
5.2 As used herein the word "Material II shall mean PCB
materials as described on Page 1 of this Agreement.
5.3 General Electric represents that it has knowledge of the
hazards associated with the handling, storage and
disposal of the PCBs and PCB contaminated materials,
that it has experience in such handling, storage and
disposal; and uses only qualified personnel, (and to the
extent necessary) subcontractors and agents (if any) who
have been instructed and certified in the proper safety
procedures to be used in such handling, collection,
transportation, treatment, storage and disposal.
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5.4 The Customer warrants that is has full legal title to
and the power and right to transfer title to the
material and to arrange for disposal of the material
(including, without limitation, all licenses or permits
required by law or regulation to be Obtained by the
owner and/or generator of the material), that the
material is as described in Paragraph 5.2 above, and
that any containers provided by the Customer are
suitable containers for transportation and storage of
the material under all applicable law (including,
without limitation, regulations issued by the
Environmental Protection Agency and the Department of
Transportation) .
5.5 General Electric will perform the services set forth in
the quotation in accordance with all applicable laws and
regulations. General Electric warrants that it will
have obtained all licenses and permits required by law
to engage in the activities required in connection with
this transaction. General Electric represents and
warrants that any storage site and any disposal facility
to which the materials may be moved are in compliance
with any and all federal, state and local laws and
regUlations pertaining thereto, including but not
limited to, the regulations contained in 40 CFR Chapter
1, Part 761, and that they are suitable to receive
and/or dispose of and may lawfully receive and/or
dispose of the materials.
5.6 Title to the material will pass to General .Electric
subject to the following enumerated conditions:
5.6.1 In the event General Electric receives materials
at a designated Customer pickup point, title to
the material will pass when all PCB items
constituting anyone truckload (a) are inspected
at the Customer's site and approved as acceptable
by the General Electric representative, (b) are
safely and properly loaded on the vehicle
provided by General Electric, (c) the manifest is
signed by both parties, and (d) the General
Electric provided vehicle exits the Customer's
premises.
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5.6.1 If the conditions of (a) (b) and (c) are
imperfectly documented, General Electric shall be
responsible for notifying the Customer and
correcting any deficiencies with the Customer's
full cooperation by the end of the second normal
working day fOllowing the day the material is
picked up or thereafter title to the material
will irrevocably pass to General Electric.
5.6.2 In the event General Electric receives material
at a designated General Electric facility, title
will pass when all PCB items (a) are inspected on
the truck provided by the Customer and approved
as acceptable by the General Electric
representative, (b) are removed from the Customer
truck by General Electric, (c) the manifest is
signed by both parties, and (d) the Customer
provided vehicle exits the General Electric
premises. If the conditions of (a), (b) and (c)
are imperfectly documented, General Electric
shall be responsible for notifying the Customer
and correcting any deficiencies with the
Customer's full cooperation by the end of the
second normal working day following the day the
material is received or thereafter title to the
material will irrevocably pass to General
Electric.
5.6.3 The parties expressly agree that, providing the
material is as described in Paragraph 5.2, it
shall be deemed to be conforming waste regardless
of inaccuracies in the Customer manifests, labels
or ot.her representations stating concentrations
of PCB's, and title shall pass to General
Electric under conditions of Paragraphs 5.6.1 and
5.6.2 above.
5.6.4 In the event that any of the material is later
determined to be of a nature or character
substantially different than that described in
Paragraph 5.2, (and provided General Electric has
acted prudently with regard to the material), ,/
after reasonable written notice by General
Electric, title shall pass back to the Customer
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and, unless otherwise agreed, General Electric
may return the material to the Customer at the
Customer's expense and the Customer shall be
liable for and shall indemnify General Electric
against all losses, damages and claims (including
claims for bodily injury or death of employees of
the Customer, General Electric or other parties)
caused by the material or the exposure to such
material including any damage to the environment
except if such losses, damages or claims are the
result of the negligent or other tortious act or
omission of General Electric.
5.6.5 Title to any transformer/regulator carcasses less
than 5 ppm PCB to be returned to City of Vernon,
or salvage recycle vendors arranged for by City
of Vernon, will revert back to City of Vernon
when the materials have been placed in/on the
transport truck and the vehicle leaves the
General Electric Anaheim Processing Center
property.
5.7 General Electric agrees to indemnify, defend and save
the Customer (including it's officers, directors,
employees and agents) harmless from and .against any
liability, expense or loss resulting from the failure by
General Ele.ctric, it's agents or subcontractors, to
comply fully with every federal, state or local law,
statute, regulation, rule, ordinance or government
directive which directly or indirectly regulates or
affects the collection, handling, storage,
transportation or disposal of the materials to be
disposed of by General Electric, hereunder and from and
against any and all claims, suits, and liabilities,
directly or indirectly based upon damage to, or
destruction of, any property (including the property of
General Electric) or injury (including death) to any
person arising out of or attributable to any negligent
or willful act of General Electric, it's agents or
subcontractors in the collection, handling, storage,
transportation or disposal of the materials to be
disposed of by General Electric hereunder. In the event
of any liability arising out of the joint negligence of
the Customer and General Electric, each shall be liable
to the other and any damaged third party in proportion
to its relative degree of fault. ,/
5.8 Paragraphs (a) and (b) of "Limitations of Liability" of
Standard Conditions for Services, shall not apply to
claims under the indemnity of Paragraph 5.7 above,
except that in no event shall General Electric be liable
to the Customer for loss of use of property belonging to
the Customer or in the Customer's care, custody, or
control.
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5.9 During the performance of this contract, Company (GE)
shall maintain in effect for its own pro.tection, the
fOllowing insurance in the fOllowing amounts:
Bodily
. Injury
Property
Damage
A. Workers' Compensation
B. Employer'sLiability
C. Comprehensive General
Liability
Statutory ------
$5,000,000 ------
$3,000,000 combined single
per occurrence
Remarks: Subject to it's terms, conditions, and
exclusions, this CGL policy inCludes
contractual liability insurance,
products/completed operations insurance, broad
form property damage and liability insurance,
and liabilities incurred by General Electric
as a result of sudden and accidental
discharge, dispersal, release or escape of
polluting materials.
D.
Comprehensive Automobile
Liability:
$3,000,000 combined single
limit
Coverage includes owned, leased or rented
vehicles.
Remarks:
E. Environmental Impairment
Liability: $5,000,000 each occurrence
Remarks: This pOlicy provides coverage for all
necessary or reasonable costs or expenses of
removing, nullifying, cleaning-up, .
transporting or rendering ineffective any
substance which has caused Environmental
Impairment provided, however, that notice of
an occurrence be given within one year from
the date of said occurrence.
F. General Electric shall further require it's
subcontractors to carry Workers' Compensation and
appropriate Comprehensive General Liability
coverages during their operationS.
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6.0
STANDARD CONDITIONS FOR SERVICES
FORM AES-S IC)
Sale of any services or related material covered by thl' quotation is conditioned upon the terms and conditions eOntained h"rein.. Any additional or
different terms and conaitions proposed by Purchaser are ob.iected to and will not be binding upon Company unless specifically assented to in writing
by Company's authorized representative. Any order for or an}- statement of intent to purchase hereunder, or any direction to proceed with the work
shall constitute assent to Company's terms and conditions.
SALES AND SIMILAR TAXES: Company's prices do not include sales, use, ex.
cise, value.added or similar taxes. Consequently, in additIon to the price
specified herein, Purchaser shall pay, or reimburse Company f')r. Ill... ~ross
amount of an)' present or future sales. use, excise, value-added or other similar
tax applicable to the price, sale or furnishin~ of any services or pro>ducts
hereunder. or to their use by Company or Purchaser, or in lieu thereof Pur.
chaser shall prOvide Company with tax.exemption evidence acceptable to the
taxing authorities.
PAYMENT: Unless specifically modified and agreed to elsewhere in this Con.
tract, payment will be due without setoff upon receipt of inVOIce. For work ex-
tending beyond one month, invoices will be issued biweekly based on pereen.
tage of job completion minus the total of previous payments.
SUSPENSION/CANCELLATION: In the event Purchaser requests a suspension
of work under this contract. Purchaser shall notify Company in writing
reasonably in advance of the suspension date. indicating the anticipated SUspen.
sion period. Company shall advise Purchaser of the price adjustment resulting
from the planned Suspension of the work. The price adjustment will be based on
Company's ability to reasonably reloeate manpower, and any materials or equip-
men.t during the suspension period.
If the financial COndition of Purehaser at any time does not, in the Judgement
of Company. justify continuanee of the work to be performed hereul'lller on the
terms of payment agreed upon. Company may require full or partial payment
in advance or shall be entitled to cancel the COntract and shall receive reim-
bursement for its reasonable and proper cancellation charges. In the event of
bankruptey or insolvency of Purchaser or in the event any proceeding is
brought against Purchaser, voluntarily or involuntarily. under the bankruptcy
or any insolvency laws. Company shall be entitled to ca.ncelthe contract at any
time during the period allowed for filing claims against the estate and shall
reeeive reimbursement for its reasonable and proper cancellation charges.
Compan.l"s rights under this paragraph are in addition to all rights available to
it at law or in equity.
WARRANTY: Company warrants to Purchaser that the service will be per-
formed in a competent manner, in accordance with any mutually agreed upon
specirications. and will be free from defects in material and workmanship. If
any failure to meet the foregoin~ warranty appears during one year from the
date of completion of the services, on the condition that it be promptly notified
in writing thereof. Company will correct any Such failure by either repairing or
replacing lat its option I any damaged part of the equipment upon which ser-
vices were performed resultil\g from faulty service. or any defective mliterial
furnished hereunder.
The preceding sentenee sets forth the exclusive repair or replacement
remedy for all claims based on failure of, or defect in, materials or services fur.
nished hereunder, whether the failure arises before or during the Warranty
period. and whether a'claim, however instituted, is based on contract. indem-
nity. warranty. tort tincluding negligence'. strict liability or otherwise. The
foregoing warranty is exclusive and in lieu of all other warranties whether
written. oral. implied or statutory, but said warranty does not affect any
separate express warranty which may apply to the equipment on which the
work was performed. NO IMPLIED STATUTORY WARRANTY OF MER-
CHANTABILITY OR OF' FITNESS FOR PARTICULAR PURPOSE SHALL
APPLY. Company does not warrant any product or serviees of others Which
Purchaser has desigl'l3ted.
DELAY IN PERFORMANCE: Company shall not be liable for delay in perfor-
mance due to tl) causes beyond its reasonable control. or 121 aets of God. acts of
Purchaser, prerequisite work by others, acts of civil or military authority.
priorities, fires, strikes. or other labor disturbances. Ooods, epidemics, war,
riot, delays in transportation or car shortages. or /31 inability to obtain or delay
in obtainin2', due to causes beyond its reasonable control, suitable labor.
material, or- facilities re'~uired for this contract. In the event of any such delay.
the time of performance shall be extendeci for a period equal to the time lost by
reason of the delay.
In the eVE'nt Company's performance of work is delayed by acts of Purchaser
or is delayed by prt'r"quillite work by others, Company shall bt' entitled to an
adjustment for time and expenses resulting therefrom in addition to extension
of the time and 01 I,erformance.
CHANGES. DELETIONS AND EXTRA WORK: Purchaser. without in.
validating the contract, may make chan!l'es by altering. adding to or deductinlC
from the ~eneral scop.. of the work, the C(llltract sum being adjusted accordin/C-
Iy. ^1I such work shall be executed under the conditions of this contract except
that any claim for extension of time cau,ed thereby shall be adjusted at the
time of ordering such change,
The value of any such extra work or chanlCt' shall be determined in one or
more of the folio.. inlr ways:
la) by es<imate .tnd acct'ptance of lump sum.
(bl by unit prict's nameli in . ht' contrac: tlr SUbsequently agreed upon.
or
(c) by cost and ,It'l{o:iated percenta!!e of co.,. or fixed fee.
OVERTIME WOqK: 'I'ht' SI,h~duJe of WOI'''' is based on a work week of five (51
3.,.., 15M)
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eight /81 hour days, Monday through Friday. exclusive of holidays. In the event
the Purchaser r.hanJl'es the work week to any basis other than the above period.
or desires to complete t he work earlier than that specified, the pricelsl shall be
adjusted to reOect the change.
LIMITATIONS OF LIABILITY: (al Company', liability on all claims of any kind
(excluding death or bodily injury), whether based on contract, indemnity, War-
ranty. tort (including negligencel, strict liability or otherWise. for all losses or
damages arising out of, connected with. or resulting from this contract, or from
the performanct' or breach thereof, or from any services COVered by or fur.
nished under this contract or any extension or expansion thereof (including
remedial warranty efforts). shall in no case exceed the contract price on Jump
sum contracts or the mutually agreeable estimated price if this contract is be.
ing performed on a cost type basis. Except as to title to any materials fur.
nished. all such :iability shall terminate upon the expiration of the warranty
period specified in the article entitled "Warranty."
(bl In no event, whether on contraet. indemnity, warranty, tort (including
negligence), striet liability or otherwise, shall Company. its employees and sup-
pliers be liable for Special. ineidental. exemplary or eonsequential damage. In.
cluding, but not limited to. loss of profits or revenue. loss of use of the equip-
ment or any associated equipment. cost of capital. cost of purchased pOwer,
cost of substitute equipment. facilities or services. downtime costs, or cleims of
customers of Purchaser for such damajfes and Purehaser will indemnify Com.
pany. its employees and suppliers against any such claims from Purchaser'.
customers. If Purchaser is furnishing Company's serviees or materials to a
third party by contraet, Purchaser shall obtain from such third party a provi.
sion affording Company and its suppliers the protection of the precedinlt
sentence.
lcl When any service furnished hereunder is to be performed on or in connec.
tion with any nuclear installation or activity, Company. its employees and sup-
pliers shall have no liability for any nuclear damage. injur)' or contamination to
any property located at the site and Purchaser will indemnify Company. its
employees and suppliers against any such liability, whether as a result of
breaeh of eontract. indemnity, warranty, tort (including negligence). strict
liability or otherwise. In addition, Purchaser shall furnish an a/Creement of in.
demnification as contemplated by Section 170, of the Atomic Energy Act. of
1954, as amended. and also nuclear liability insurance from ANI and MAELU,
or both. pursuant to Section 170 of said Act. Any of Company's ma.terial or
equipment which becomes radioactive at the work site, shall. at Company's
option. be purchased by Purchaser. Any nuclear decontamination necessary for
Company's performance (including Warranty' shall be performed by Purchaser
without cost to Company.
Notwithstanding any other provision of this.contract. neither party hereto
will be liable to the other party in connection with any nuelear installation or
activity for any damage to real or personal property of the other party to the
extent that the other party has insuranee coverage for sueh loss. whether claim
is based on contraet. indemnity. warranty. tort (including negligence I, strict
liability or otherwise.
(d) In no event shall Company be liable for any loss or damage whatsoever aris-
ing from its failure to discover or repair latent defeets or defeets inherent in
the design of the equipment. or caused by units or parts returned to use at the
request of the Purchaser against the advice of Company. If Company furnished
Purehaser with advice or assistance concerning any products. systems or
equipment whieh is not requirt'd pursuant to this contraet. the furnishing of
such advice or assistanee will not subject Company to any liability whether in
contract. indemnity. warranty, tort (including negligeneel. strict liability or
otherwise.
lei The invalidity, in whole or part, of any of the forelfoing paragraphs will not
afleet the remainder of such paragraph or any other paragraph of this article.
GENERAL: Compa...y shall not be responsible for the acts and Workmanship of //
the employees. contraetors, subcontractors, or agents of Purchaser.
Company reserves the right to subeontraet any of the work to one or more
subcontraetors. /
The delegation or assi/Cnment by Purchaser of any or all of its dutiE's or
rights hereunder without Company's prior written consent shall be void,
Any information. sU~/Cestions or ideas transmitted by Purcha~r to Com-
pany in conneetion with performance hereunder are not to be regarded as
secret or submitted in confidence except as may be otherwise provided in a
writin/C silCned by a duly authorIzed representative of Company.
Company shall comply with all applicable state and federal safety and health
laws. IncludinlC but not limited to, the Occupational Safety and Health Act of
197010SHA) and all standards. rules, reKula.tions and orders issued pUI'suant
to such state and federal safety and health laws, and laws related to
nonsell'rell'ated facilities and equal employment opportunity lincludinlC the
seven paragraphs appearinK in ~ 202 of Executive Order 11246, as amended'.
COMPLETE AGREEMENT: This contract" eontains the complete 3/Creement
between the parties, anq no modification, amendment, recision. waiver ur
other change will be hindii'll{ on Company unless assented to in w.,linK by Com.
pany's authorized representatlvt'. Any oral or written representation, War-
ranty, eourse of dealinlr or trade usaKe not contained or referenced herE'1R will
not be binding on Company.
, ....
7.0 PRICE AND PAYMENT
7.1 General
All PCB materials will be shipped initially to the
General Electric PCB Service Center at 3601 E. La Palma
Avenue, Anaheim, CA 92806.
The following prices are based on rece1v1ng full 40 ft.
truck load quantities and the use of the General
Electric PCB Service Center in Anaheim, California for
sampling, processing and temporary storage. These
prices are firm through April, 1987.
7.2 Price per transformer/regulator.
1 KVA through 100 KVA .................$135.00/each
112 KVA through 333 KVA ...............$175.00/each
500 KVA through 1000 KVA ..............$408.00/each
Over 1000 KVA through 3750 KVA ........$865.00/each
The above prices include the following services to be
performed:
o Load units on General Electric furnished truck.
o Record each transformer by KVA and serial number.
o Transport to Anaheim PCB Service Center.
o Unload .into temporary storage facility.
o Sample, test and document each units PCB level of
ppm.
o Load carcasses for burial or scrap.
7.3 PCB' fluids" received-in transformers
*
Price per namplate (rated) gallon includes the
following costs:
/
/
o Drain and store all fluids.
o Transportation of fluids to destruction site.
o Flushing fluids.
o Manifest and record keeping of all disposed of
fluids.
o Destruction of the contaminated fluids.
o Documentation of completed transaction. (i.e.
copies of signed manifests showing receipt and
acceptance of PCB items).
- 13 -
."
Fluid PCB Concentration 0 ppm - 4 ppm
* Price per gallon . $ 2.10
Fluid PCB Concentration 5 ppm - 499 ppm
* Price per gallon . $ 5.65
Fluid PCB Concentration 500 ppm. - 24,999 ppm
* Price per gallon . $ 6.95
Fluid PCB Concentration 25,000 ppm" and. above.
* Price per gallon . $ 8.60
NOTE: If the water content is above 500 ppm in fluids
containing 5 ppm to 10,000 ppm PCB there will be a
surcharge added not to exceed the price for
incineration.
/
/
- 14 -
If nameplate gallon figure is not shown on the transformer, the
gallons per kVA chart below will be used to determine the number
of gallons in the transformer. If the transformer has no name-
plate, the fOllowing approved formula will be used on all dis-
tribution transformers:
Gallons = 0.0027 x (Diam. inches)2 x (Height of liquid, inches)
- - . . - . - - - . . - - . - - - - . - - - . NAMEPLATE - GALLONS !kVA - - . . . . - - - - . . . . - . - - . - . - - -
DRY
. . kVA - - - - - - . . - - - - . - - . - - - - - - GALLONS - . - - - - - - - - - - - . . . . - . - WEIGHT - (LBS) - -
1 6 149
3 7 153
5 8 159
7.5 10 230
10 12 247
15 15 337
25 21 392
37.5 28 506
50 38 612
75 48 1107
100 54 1297
150 66 1668
167 77 1564
200 104 2635
.' /
- 15 -
. .. .-.
',' ,
7.3 Transformer Carcasses Burial
Price includes the following costs.
o Manifesting and record keeping.
o Transportation to burial site.
o Disposal of carcass by burial.
o Documentation of completed transaction.
Units under 333 KVA ................$11.75/cubic ft.
Units over 500 KVA .................$10.60/cubic ft.
7.4 PCB solids in DOT and EPA approved containers.
Dirt, debris, rags etc. in boxes:
Price per pound .
$0.57
Dirt, debris, rags etc. in drums:
(Minimum of 300 lbs. per drum)
Price per pound .
$0.60
/
- 16 -
8.0 TERM OF AGREEMENT
The price quoted herein will remain firm through April, 1987
Prices will thereafter be subject to mutual adjustment based
upon prevailing prices then in effect for the services
rendered.
9.0 ADDITIONAL SERVICES
If services are required beyond the scope of work described
in this proposal, General Electric will perform the
additional work on the basis of a firm lump sum price or its
published rates in effect at the time the work is performed,
plus additional materials furnished or additional work
performed by GE subcontractors based on GE cost plus 20%.
The pricing of additional work will be in accordance with the
Customer's approval, except in cases of emergency when
hazards to persons or property are involved.
10.0 VALIDITY-PERIOD
This proposal is go.od for 30 days from the quotation date and
is contingent on use of disposal methods as allowed by
current regulations.
/
- 17 -
c _.__,-.-.- . ~-1____.).
-I
.,. .
..
11.0 ACCEPTANCE
IN WITNESS WHEREOF, General Electric and City of Vernon have each caused
this Agreement to be executed by its duly authorized represent-
ative on the day and year set forth.
Accepted:
GENERAL ELECTRIC COMPANY
CITY OF VERNON
a~$-~.
, .----.
~~~/,
Name
.Stan'M~-Terry' -......
. . .Le.on:l~ .C... ~ql,bJ.lrg . . . _ . . . .
Name
-" 'Zone.Manager-Industry"
Title
. . .Mayo~.. . . .
Ti tIe
. ~ - ~ .. . ~ - .
Date
August'18~'1986'-""'. .
. . }~o.v~IJl1:?e.r. 9~ { .l.98? . _ . . . .
Date
/
- 18 -
..
ELECTRIC MUTUAL LIABILITY INSURANCE COMPANY
715 LYNNWAY, LYNN. MASSACHUSETTS 01905
CERTIFICATE OF INSURANCE
ISSUED TO: City of Vernon
2323 E. Vernon Avenue
Vernon, CA 90058
DATE: August 18~ 1986
This isto certify that the Electric Mutual Liability Insurance Company has issued policies of insurance. as described below
and identified by a policy number, to the insured named below; and to certify that such policies are in full force and effect at
this time. This certificate of insurance does not amend. extend or alter the coverage afforded by the policies designated below.
INSURED: GENERAL ELECTRIC COMPANY
ADDRESS: 1 River Road, Schenectady, NY 12345
INSURANCE POLICIES IN FORCE
FORM OF COVERAGE
POLICY NO.
EX"''''' TlC)lIf DATE
· Workers' Compensation
Employers' liability
W.C.. 86-1
1-1-87
Comprehesive General Liability
G.L. 86-1
1-1-87
o Comprehensive Automobile Liability
M.L. 86-2
1..1...87
. Does not apply to liability under W. C. Laws of Nevada, North Dakota, Ohio, Washington. West Virginia and Wyoming.
Includes liability under the United States Longshoremen's and Harbor Workers' Compensation Act.
o All owned, hired, or non.owned automotive eQuipment used in connection with the insured operations.
LIMITS OF LIABILITY
FORM OF COVERAGE
10DIL Y INJURY
PROPERTY DAMAGE
Workers' Compensation
Employers'Liability
Statutory
$5,000,000
xxx
XXX
Comprehensive General Liability
$3.000.000 Combined Single Limit per Occurrence
$3.000.000 Combined Single Limit per Occurrenee
Comprehensive Automobile Liability
REMARKS:
Subject to its terms. conditions and exclusions. Policy No. GL 86-1includes Contractual Liability Insuranc!!.
ProductS/Completed Operations Insurance and Broad Form Property Damage Liability Insurance.
It is agreed that if any of these pOlices are cancelled or changed so as to affect this certificate. thirty (:30) days
written notice will be given to the party to whom this certificate is addressed.
'.
DATE:
January '. 1986
Electric Mutual Liability Insurance Company
ISSUED AT:
LYNN. MASSACHUSETTS
By:
&K.'..I?~
AUTHORIZED REPRESENTATIVE
FOAM eo A-811
.. ..
.....
.....' .,
,
"
...
ELECTRIC MUTUAL LIABILITY INSURANCE COMPANY
715 LYNNWAY
LYNN. MASSACHUSETTS 01905
b~
AREA COOt:: 817 lJ83-4110
CERTIFICATE OF INSURANCE
TO WHOM IT MAY CONCERN:
This is to certify that the Electric Mutual Liability Insurance Company has issued policies of insurance,
as described below and identified by a policy number, to the insured named below; and to certify that such policies
are in full force and effect at this time. This certificate of insunnce does not amend, extend or alter the coverage
afforded by the policies designated below.
Name of Insured:
GENERAL ELECTRIC COMPANY
Address:
I River Road
Schenectady, New York 12345
ENVIRONMENTAL IMPAIID1ENT EXPENSE
(Insert typ6 of coverage)
Policy Number:
Limits :
Effective Date:
Expiration Date:
Location Covered :
G.L. 85-170
$5,000,000 Per Occurrence/$10,000,OOO Aggregate
October 22, 1985
October 22, 1986
Within the United States of America
REMARKS:
Subject to its terms and conditions, this policy will pay on behalf of or
indemnify the Insured for loss which the Insured shall have incurred or be
obligated to expend as environmental impairment expense resulting from a
sudden or accidental occurrence within the policy period.
Environmental Impairment Expense means all necessary or reasonable cost or
expense of removing, nullifying, cleaning-up, transporting or rendering
ineffective any substance which has caused environmental impairment or which
could cause environmental impairment if not so removed, nullified, cleaned-up,
transported or rendered ineffective to the extent that such costs and expenses
have been incurred or have become payable by the Insured as a result of a legal //
obligation or for which prior approval has been obtained from the Company.
.//
CERTIFICATE ISSUED TO:
//
ELECfRIC MUTUAL LIABILITY INSURANCE COMPANY
Date .......J.Ii.I../lf....m.................................
By: ....fl!:1!..":f:............................-...-........
Autbc1riaed Lp. I IFtU".
I'ORM NO. "04.A 8M 7-72 ~.P