Resolution No. 5688
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RESOLUTION NO. 5688
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT FOR THE
HANDL,ING, TRANSPORTATION AND DISPOSAL OF
POLYCHLORINATED BIPHENYL (PCB) WASTE
MATERIAL BY AND BETWEEN GENERAL ELECTRIC
COMPANY AND THE CITY OF VERNON
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WHEREAS, the City Council of the city of Vernon
approved Resolution No. 5323 on September 16, 1986, approving
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and authorizing the execution of an Agreement for the Handling,
transportation and disposal of PCB wi th the General Electric
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Company; and
WHEREAS, during the routine operation of the Electric
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System there are occasional events that require PCB spill
response crews, clean-up and disposal of contaminated materials
in compliance with current regUlations; and
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WHEREAS, the City of Vernon wishes to contract with the
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Company
to prov ide
for the handling,
Electric
General
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transportation and disposal of PCB waste material.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The city council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: The City Council of the City of Vernon
hereby approves the Agreement for the Handling, Transportation
and Disposal of Polychlorinated Biphenyl Waste Material by and
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between the City of Vernon and General Electric Company, a copy
of which has been presented to the ci ty Council concurrently
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with this resolution
and the City Council hereby orders said
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Agreement to be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon
hereby authorizes the Mayor and the city Clerk to execute said
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Agreement for, and on behalf of the city of Vernon and instructs
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the Purchasing Department to issue an open purchase order to
General Electric Company to respond when requested pursuant to
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said Agreement.
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SECTION 4: The city Clerk of the City of Vernon shall
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ATTEST ~
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16 BRUCE V. MALKENHORST,
certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 7th day of November, 1989.
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, BRUCE V. MALKENHORST, City Clerk of the city of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 5688, was duly adopted by the city council of the
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City of Vernon at a regular meeting of the City council duly
held on Tuesday, November 7. 1989 and thereafter duly signed by
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the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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GE Apparatus Service
General Electric Company
3601 East La Palma Ave, Anaheim, CA 92806,2175
December 14, 1989
Mr. Lewis Adams
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
DEe 1819U
SUBJECT: PCB DISPOSAL CONTRACT
Dear Mr. Adams:
Enclosed is the signed copy of the agreement for PCB disposal. We
look forward to be of continuing service to the City of Vernon.
Sincerely,
I~~
Matthew Fay
Service Sales Engineer
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AGREEMENT
FOR THE
HANDLING, TRANSPORTATION AND DISPOSAL OF
POLYCHLORINATED BIPHENYL (PCB) WASTE MATERIAL
THIS AGREEMENT, made and entered into as of the
14th
day
of
December
, 1989, by and between General El~ctric Company, a
New York Corporation (hereinafter referred to as "General 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
consisting 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.
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2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
TABLE OF CONTENTS
GENERAL WORKS COPE . . . . . . . . . . . . .
TRANSFER OF PCB TRANSFORMERS, PCB LIQUID/SOLID
WASTE MATERIALS AND PCB CAPACITORS . . . .
WORK PERIOD . .
. . . . . . . . . .
RESPONSIBILITIES OF THE CUSTOMER
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TERMS AND CONDITIONS FOR ALL DISPOSALI
DECOMMISSIONING OF PCB MATERIALS
STANDARD CONDITIONS FOR SERVICES
PRICE AND PAYMENT .
TERM OF AGREEMENT.
ADDITIONAL SERVICES .
VALIDITY PERIOD . .
. . . . .
ACCEPTANCE
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1.0 GENERAL WORK SCOPE
1.1 Services wil1 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 shal1 perform the specified services of
decommissioning and legal disposition of PCB
transformers, PCB-contaminated transformers, transformer
carcasses, regulators, PCB capacitors and other
liquidlso1id 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 ppm PCB 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.
l.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 points may be
added to this agreement as appropriate.
2.1.2 Initially, Customer elects that all PCB materials
be picked up by General Electric 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 the 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 personne1'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 andGE.
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 Federai 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
andlor 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 of 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, its 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
MA'l'ERIALS
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. Any additional
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 it 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 andlor 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
andlor dispose of and may lawfully receive andlor
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 Customer1s 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 Customer1s
premises. //
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5.6.1 If the conditions of (a) (b) and (c) are
imperfectly documented, General Electric shal1 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 other 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 transformerlregulator 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 inion 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 its officers, directors,
employees and agents) harmless from and against any
liability, expense or loss resulting from the failure by
General Electric, its 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, its 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 Paragraph (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 protection, the
following insurance in the following amounts:
Bodily
In;urv
Property
Damaqe
A. Workers' Compensation
B. Employer's Liability
C. Comprehensive General
Liability
statutory -------
$5,000,000 -------
$3,000,000 combined single
per occurrence
Remarks: Subject to its terms, conditions and
exclusions, this CGL policy includes
contractual liability insurance, productsl
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
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 reauire its
subcontractors to carry Workers' Compensation and
appropriate Comprehensive General Liability coverages
during their operations.
6.0 STANDARD CONDITIONS of SALE for SERVICES
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6.1 See Attachment (1)
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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 receiving 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 December 31, 1990
7.2 Price per transformerlregulator
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 though 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 unit's PCB level of
ppm.
o Load carcasses for burial or scrap.
7.3 PCB fluids received in transformers:
* Price per nameplate (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).
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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
Fluid PCB Concentration 25.000 ppm and above
* Price per gallon
$ 6.95
$ 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.
7.4 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 nameplate, the
following approved formula will be used on all
distribution transformers:
GolloD:-,' = 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
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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 2365
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7.6 Price for 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.
7.7 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
8.0 TERM OF AGREEMENT
The price quoted herein will remain firm through December 31,
1990. 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.
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10.0 VALIDITY PERIOD
This proposal is good for 30 days from the quotation date and
is contingent on use of disposal methods as allowed by
current regulations.
11.0 ACCEPTANCE
IN WITNESS WHEREOF, General Electric and city of Vernon have each
caused this Agreement to be executed by its duly authorized
representative on the day and year set forth.
Accepted:
GENERAL ELECTRIC COMPANY
CITY OF VERNON
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By
Matthew J. Fay
Name
Leonis C. 'Malburg
Name
Service Sales Engineer
Title
Mayor
Title
December 14. 1989
Date
November 8, 1989
Date
APPROVED AS TO FOEll
BY \:),1>, \)~
DAVID B. BREARLEY
CITY ATTOH1l'EY ,_
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lev 2 2 1989
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