HomeMy WebLinkAbout1990-215
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RESOLUTION NO. 90-n'i
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH U.S. WASTE THERMAL PROCESSING FOR
INCINERATION OF CONTAMINATED SOIL FROM THE FUEL ISLAND IN CITY
YARD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor is hereby authorized and directed
to execute, in behalf of said City, an Agreement with U.S. Waste
8 Thermal Processing for cleaning contaminated soil in the City
9 Yard at 182 South Sierra Way, a copy of said agreement is
10 attached hereto, marked Exhibit "A" and incorporated herein by
11 reference as fully as though set forth at length.
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SECTION 2. The authorization to execute the above-
13 referenced agreement is rescinded if the parties to the agreement
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fail to execute it wi thin sixty (60) days of the passage of this
resolution.
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6-1-90
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RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH U ..S. Wl\.STE
.THERMAL PROCESSING FOR CLEANING CONTAMINATED, SOIL IN
CITY YARD.
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I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
4 4th day of
5 wit:
6 Council Members:
7 ESTRADA
8 REILLY
9 FLORES
10 MAUDSLEY
11 MINOR
12 POPE-LUDLAM
13 MILLER
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15
rp.Clular
meeting thereof, held on the
June
, 1990, by the following vote, to-
AYES
NAYS
ABSTAIN
x
x
x
x
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x
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18 day of
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~L?7d1~$
-' City Clerk
The foregoing resolution is hereby approved this d-CtC
June
, 1990.
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y ,. W. ,:K. of comb , Mayor
Ci ty of' San Bernardino
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21 Approved as to form
and legal content:
22
James F. Penman
23 City Attorney
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6-01-90
EXHIBIT "A"
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A G R E E MEN T
AGREEMENT, entered into this to-I/-,/D day of
, 1990, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter referred to as "City" and
U.S. WASTE THERMAL PROCESSING, a California Corporation,
hereinafter referred to as "Contractor."
THIS
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WITNESSETH
WHEREAS, City has 540 tons of soil contaminated with
diesel fuel at its City Yard, 182 South Sierra WaYl and
WHEREAS, Contractor has developed a process for the
treatment of contaminated soil which is in the experimental
stagesl and
WHEREAS, City is willing to allow Contractor to set up
the cleaning equipment in the City Yardl and
WHEREAS, Contractor is willing to set up the
equipment in the City Yard and clean the 540 tons
stipulated feel and
WHEREAS, City has obtained a 1166 permit for stockpiling
contaminated soil at City Yard from the South Coast Air Quality
Control Management District.
NOW, THEREFORE, in consideration of the mutual promises
of the parties, and other good and sufficient consideration, the
parties agree to the following terms, conditions and covenants:
1. City agrees to provide a site approximately 100' X
100 I, exclusive of the space required for the contaminated and
cleaned piles of dirt, within the City Yard, at 182 South Sierra
Way, for Contractor to set up the cleaning equipment. A site
location shall also be provided for the propane tanks.
cleaning
at the
1 2. City agrees to obtain any land use permits or
2 exemptions required to allow Contractor to set up and operate
3 cleaning equipment in the City Yard.
4 3. City agrees to allow Contractor to operate cleaning
5 equipment 24 hours a day, 7 days per week.
6 4. Ci ty agrees to allow Contractor to obtain 20 gpm
7 (maximum) water service from a fire hydrant, obtain telephone
8 line access and install temporary fencing, if necessary.
9 5. City agrees to accept and dispose of the cleaned
10 soil.
11 6. Contractor agrees to set up cleaning equipment within
12 the approximately 100' X 100' space provided at City Yard, and
13 clean the 540 tons of contaminated soil stockpiled on site.
14 7. Contractor agrees to obtain the services of a
15 California Certified Laboratory to provide an analysis of the
16 stockpiled soil to be cleaned, in accordance with the sampling
17 and sample management procedure set forth in 22 CCR Section
18 66694.
19 8. Contractor agrees to obtain all necessary permits and
20 licenses for this operation, including but not limited to the
21 SCAQMD and County Department of Environmental Health.
22 9. City agrees to pay Contractor the amount of $115.00
23 per ton, for cleaning the 540 tons of contaminated soil
24 stockpiled in the City Yard. This amount shall include all costs
25 associated with moving and setting up the cleaning equipment in
26 the City Yard, cleaning the 540 tons of contaminated soil,
27 obtaining all necessary permi ts and licenses, moving the
28 equipment from the site, and performing all required testing. No
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1 additional compensation shall be paid.
2 10. Contractor agrees to have the cleaned soil tested by
3 a California Certified Laboratory, and provide a certification
4 that the soil has been cleaned to Non-Defect at 10 mg/kg
5 detection limit TEPH.
6 11. A material breach of this Contract shall occur in the
7 event of any violation by Contractor of the terms of this
8 Agreement, any failure by Contractor to obtain the required
9 permits for the operation, the denial of any such permits, the
10 cancellation, or withdrawal of any such permits, an enforcement
11 action, order or proceeding of any type brought by any
12 responsible Agency against either the City of San Bernardino, any
13 of its officers, agents or employees, or the Contractor regarding
14 the Contractor's operation on the property. Upon written notice
15 of such breach, from the Director of Public Works/City Engineer,
16 Contractor shall immediately cease all operations on the property
17 and shall remove all equipment from the property.
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Notice
Any notice to be given to either party by the other under
or in regard to the Agreement shall be deposited with the United
States Postal Services, postage prepaid and addressed as follows:
To Owner:
Department of Public Works
City of San Bernardino
300 N. "0" Street
San Bernardino, CA .92418
To Licensee:
U.S. Waste Thermal Processing
11090 Rose Avenue
Fontana, CA 92335
12. Insurance
A. Contractor is also aware of the provisions of Section
3700 of the Labor Code which requires every employer to be
insured against liability for workers' compensation or undertake
14 self-insurance in accordance with the provisions of that Code,
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and will comply with such provisions before commencing the
performance of work under this Contract.
B. Contractor and all subcontractors will carry workers'
compensation
liability
insurance
for
the
and
employer's
protection of its employees during the progress of the work, as
20 specified in Section 12-0 herein.
The insurer shall waive its
21 rights of subrogation against City, its officers, agents, and
22 employees on its workers' compensation policy, and shall issue a
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certificate to the policy evidencing same.
times,
C. Contractor shall at all
on
all
carry
25 operations hereunder,
bodily inj ury,
including death,
and
26 property
including
automotive
damage
liability
insurance,
27 operations, bodily injury, including death, and property damage
28 liability insurance, including automotive operations, bodily
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1 injury and property damage coverage. All insurance coverage
2 shall be in amounts required by OWner and shall be evidenced by
3 the issuance of a certificate in a form prescribed by the City
4 and shall be underwritten by insurance companies satisfactory to
5 City for all operations, subcontract work, contractual
6 obligations, product or completed operations, all owned vehicles
7 and non-owned vehicles. Said insurance coverage obtained by
8 Contractor, excepting workers' compensation coverage, shall name
9 the City of San Bernardino, its officers, agents and employees,
10 as additional insured on said policies. Contractor agrees that
11 any judgment paid shall first accrue to the benefit of the City
12 and. Secondly to the policy's named insured or other additional
13 insured.
14 D. Before Contractor performs any work at, or prepares
15 or delivers equipment and materials to, the site of the project,
16 Contractor shall furnish certificates of insurance evidencing the
17 foregoing insurance coverages and such certificates shall provide
18 the name and policy number of each carrier and policy that that
19 the insurance is in force and will not be cancelled without
20 thirty (30) days written notice to City. Contractor shall
21 maintain all of the foregoing insurance coverages in force until
22 the work under this Contract is fully completed. The requirement
23 for carrying the foregoing insurance shall not derogate from the
24 provisions for indemnification of City by Contractor under
25 Section 11 of this Contract. Notwithstanding nor diminishing the
26 obligations of Contractor wi th respect to the foregoing,
27 Contractor shall subscribed for and maintain in full force and
28 effect during the life of this Agreement, the following insurance
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1 in amounts not less than the amounts specified and issued by a
2 company authorized to do business in California and having a
3 Best's Guide Rating of A-Class X or better:
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In accordance with the
Workers' Compensation Act
of the State of California
$1,000,000 one person
per accident
$1,000,000 one person,
one accident
$1,000,000 more than
one person, one accident
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roperty Damage Liability
including Automotive
$1,000,000
Owner or its representatives shall at all times have the
right to inspect and receive the original or a certified copy of
all said policies of insurance, including certificates. Licensee
shall pay the premiums on the insurance hereinabove required.
13. All work covered by the Contract done at the site of
18 the project or in preparing or delivering equipment and materials
19 to the site shall be at the risk of Contractor alone. Contractor
20 agrees to save, indemnify, and keep the City of San Bernardino,
21 its officers, agents and employees, harmless against any and all
22 liability, claims, judgments, cost and demand, including demands
23 arising from injuries or death of persons (Contractor's employees
24 included) and damage to property arising directly or indirectly
25 out of the obligations herein undertaken or out of the operations
26 conducted by Contractor, save and except claims or litigation
27 arising through the sole negligence or sole willful misconduct of
28 City, its officers, agents, and employees, and will make good to
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1 and reimburse them for any expenditures, including reasonable
2 attorneys' fees they may incur by reason of such matters, and if
3 requested will defend any such suits at the sole cost and expense
4 of Contractor. Contractor agrees to waive any right of
5 subrogation against City until all claims, judgments, cost and
6 demands of City incurred herein are satisfied.
7 14. City, its officers, agents or employees shall have
8 the right at any time during, after or before business hours to
9 inspect the property and all aspects of the operation.
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1 IN WITNESS WHEREOF, the said Contractor and the City of
2 San Bernardino have caused the names of said parties to be
3 affixed hereto, on the day and year first above written.
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5 ATTEST:
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7 'City Clerk
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Approved as to form
11 and legal content:
12 James F. Penman
City Attorney
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tr<4"c-'
City of San Bernardino
" J'
By J) de.., .. \... !JJ. ILt;
MavoL Pr~ Tempore" &~t;/~o
City of San Bernardino
U.S. Waste Thermal Processing
By
c.
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