HomeMy WebLinkAboutRES 1985-03 - Board RESOLUTION NO. 8503
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
APPROVING SPECIFICATLONS AND CALLING FOR BIDS
ON PCB RETROFILL PROJECT
WHEREAS, with respect to PCB contaminated equipment, it is the desire
of the District to insure that the PCB's are properly destroyed, obtain a
certificate of destruction, and to maintain an amount less than 40 PPM of
PCB's; and
WHEREAS, the specifications for PCB retrofilling of affected equip-
ment are attached hereto;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Truckee Donner Public Utility District does hereby approve the specifica-
tions described in the attached exhibit;
BE IT FURTHER RESOLVED that the President of the Board of Directors of
the Truckee Donner Public Utility District is hereby directaJ tP 14$PP ,q
call for bids based on the specifications for PCB retrofilling of affoate_4
equipment. The date and time established for the4bid opening is Thursday ,
February 28 1985 , at 4:00 P.M.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner
Public Utility District at a regular meeting thereof duly called and held
in the District on the 21st day of January 1985 by the
following roll call vote:
AYES: Cooley, Corbett, Maass and Duffy.
NOES: None.
ABSENT: Hamilton.
TRU�UUNNI;�-RU, I IC UTILITY DISTRICT
By
L.—Flartin-Du y, president
ATTEST:
Susan M. Craig, Deputy District Clerk
AGREEMENT
This Agreement is entered into as of the _ day of ,
19 , by and between the Truckee Donner Public Utility District, a
local public agency of the State of California (the "District") and
("Contractor") . The parties hereto agree as follows:
1. Description of work. The Contractor shall furnish all
materials, equipment, supervision, labor, permits, and liPepse§
necessary or required by any and all local, state, or federal laws,'
rules, regulations, ordinances, and codes, with particular attention
to the Environmental Protection Agency and Department of
Transportation rules, regulations, and policies, to take legal title
to, possession of, use, package, handle, drain, remove, transport,
and dispose of any and all Polychlorinated Biphenyls ("PCBs") and
PCB containing or contaminated equipment and materials located in or
on District property or equipment as well as other miscellaneous
materials such as soil, rock, wood, concrete, metals, tools, rags,
and clothing which contain or have been contaminated by PCBs.
2. Compliance with Laws. The services performed by Contractor
hereunder shall include full compliance with all laws, rules, and
regulations affecting the use, packaging, handling, transporting,
and disposal of PCBs and PCB containing or contaminated equipment
and materials, including but not limited to, furnishing approved
Agreement page 1
containers for packaging, handling, transportation, storage, and
disposal. Nothing contained herein shall be interpreted so as to
alter any requirement of any local., state or federal law, rule,
regulation, ordinance, or code, or Environmental Protection Agency
or Department of Transportation rule, regulation or policy.
3. Arranging for Performance. As soon as practicable after
execution of this Agreement, an agent, employee, or authorized
representative of the Contractor will visit the District, on-site,
to advise and assist in determining the materials and equipment to
be shipped and to determine the required shipping containers,
packaging, labeling, and shipping requirements.
4. Notification of Proposed Disposal Site and Method. Prior
to Contractor's pick up of any PCBs and PCB containing or
contaminated equipment or material for disposal, Contractor shall
notify the District in writing of the proposed disposal facility and
proposed disposal method, and shall indicate in writing the
applicable laws, rules, regulations and codes approving such
disposal method, and shall indicate that such disposal method is
approved by the Environmental Protection Agency Office in San
Francisco, California (Region 9) .
5. Packaging and Labeling. The Contractor will provide the
necessary shipping containers, drums, packaging, and other items,
necessary for transportation of PCBs and PCB containing or
contaminated equipment. It will be the responsibility of the
Contractor to properly package, prepare, label and mark all
materials and equipment for transporting and to complete all
Agreement page 2
f
manifests, shipping papers, and lists prior to pick up time for
shipment. All labels, manifests, shipping papers and related items
shall specifically state and indicate that PCBs and PCB containing
and contaminated equipment and materials are the property of and are
legally owned by and titled to the Contractor.
6. Pick-up of PCBs. The Contractor shall pick up PCBs and PCB
containing or contaminated equipment and materials where located on
District property or equipment. The District General Manager will
be informed well in advance and at least 72 hours prior to
Contractor's arrival for pick up. The Contractor shall provide all
necessary equipment for loading the shipments on the transport
vehicles. ''
7. Transport Vehicle; Compliance with Law. Labeling of the
transport vehicle shall be provided by the Contractor. The vehicle
shall be labeled in accordance with all Department of Transporta-
tion, Environmental Protection Agency, federal, state and local
laws, rules and regulations and shall be certified as such and
operated under a current license for this type of operation and use.
B. Shipping Papers. The shipping manifest shall show the
Contractor as the shipper and legal owner of PCBs and PCB containing
and contaminated equipment and materials and must be dated by and
bear the signature of the person authorized to represent the
Contractor as the shipper and legal owner of PCBs and PCB containing
and contaminated equipment and materials at the time PCI+s and PCB
containing and contaminated equipment and materials are offered for
transportation. A copy of the shipping manifest shall be given to
Agreement page 3
the District General Manager immediately upon acceptance of the
shipment by the treatment/storage, disposal facility. This copy
shall clearly show the date of acceptance, signature of the
authorized person or agent accepting the shipment and the name and
location of the treatment/storage, disposal facility. A copy of the
manifest bearing ALL required dates and signatures MUST BE DELIVERED
to the person representing each carrier accepting the shipment for
transportation, carried during transportation in the same manner as
required by 40 CFR, Part 262 for shipping papers, given to the
person representing the designated treatment/storage, d!gPRsa2
facility receiving the shipment, and retained by the shipper and by
the initial carrier and each subsequent car1rier for a period of
three (3) years from the date the shipment was accepted by the
initial carrier. Each retained copy MUST BEAR ALL required
:signatures and dates up to and including those entered by the next
person who received the shipment.
9. Disposal of PCBs. The shipper shall promptly deliver all
e"^ shipments to the designated treatment/storage, disposal facility.
The Contractor shall not provide for any long term storage of PCBs
and PCB containing and contaminated equipment and materials received
from the District. The Contractor shall assure and guarantee that
no later than ninety (90) days from the date of shipment the
Contractor will chemically landfill and/or incinerate and/or
chemically destroy PCBs and PCB containing or contaminated equipment
and materials submitted by the District, in a manner licensed and
approved and in full compliance with any and all local, state and
Agreement page 4
federal laws, rules, regulations, codes and ordinances and
Environmental Protection Agency rules, regulations and policies
which may pertain. A disposal certificate, bearing a signature of
an authorized officer of the disposal facility, shall be issued to
the District by the Contractor upon completion of the disposal work
listing all dates, locations, and subcontractors utilized in the
disposal or temporary storage of PCBs and PCB containing or
contaminated equipment and materials in this Agreement, a full
description of the method of disposal used, and a full description
of all PCBs and PCA containing or contaminated equipment and
materials that were disposed of. If the Contractor proposes to use
an alternate method of disposal the Contractor shall certify that
the proposed method is in full and complete compliance with any and
all laws, rules and regulations which may pertain.
10. Necessary Permits. The Contractor shall possess and shall
have obtained any and all required and necessary permits and/or
licenses required by law, rule, or regulation to .engage in the
activities required in connection with this transaction, and shall
verify that all licenses and permits are current and valid during
this contract period.
11. Proof of Compliance with I,aws. The Contractor shall show
the District written proof of full and complete compliance with any
and all local, state, federal, Environmental Protection Agency and
Department of Transportation rules, laws and regulations which
pertain to the use, packaging, handling, transportation, storage and
disposal of PCBs and PCB containing or contaminated equipment and
Agreement page 5
materials. In the event that at the time that Contractor performs
the work required under this Agreement any of the rules, laws and
regulations set forth above are in effect but are not strictly
enforced by the relevant governmental agency promulgating such
rules, laws, and regulations, Contractor shall nevertheless comply
with the rules, laws and regulations in effect, even though they are
not strictly enforced.
12. Transport, Storage and Disposal; Compliance with Laws.
The Contractor shall ensure that any and all transportation
vehicles, storage sites, or disposal facilities in, on or to which
PCBs and PCB containing or contaminated equipment and materials may
be located after leaving the ownership attd possession of the
District are in full compliance with any and all local, state,
federal, Environmental Protection Agency and Department of
Transportation laws, rules and regulations pertaining thereto,
including, but not limited to, the regulations contained in 40 CFR,
Part 761, and 40 CFR, Part 262, and that they are suitable to
/^ transport, handle, receive, store and/or dispose of, and may
lawfully under all current licenses and permits transport, handle,
receive, store and/or dispose of PCBs and PCB containing or
contaminated equipment and materials.
13. Title to PCBs. Title to PCBs and PCB containing or
contaminated equipment and materials shall pass to the Contractor
when they are loaded on a vehicle provided by the Contractor. Upon
transfer of title, the Contractor shall assume any and all liability
arising out of the use, packaging, transportation, handling, storage
Agreement page 6
and disposal of PCBs and PCB containing or contaminated equipment
and materials from the beginning of the contract operations and
forever. i
14. Contractor's Representations. Contractor represents and
warrants that:
a. Contractor has knowledge and expertise regarding the
hazards associated with the use, packaging, handling,
transportation, storage and disposal of PCBs and PCB containing and
contaminated equipment and materials.
b. Contractor has prior experience and expertise in the
proper use, packaging, handling, transportation, storage and
disposal of PCBs and PCB containing and contaminated equipment and
materials.
C. Contractor has instructed its personnel, and to the
extent necessary, any and all subcontractors and agents (if any) , in
the proper safety procedures to be used in such use, handling,
packaging, transportation, storage and disposal of, PCBs and PCB
containing and contaminated equipment and materials.
15. Contract Price; Payment Terms. Contractor agrees to
invoice the District directly for all services performed.
Contractor shall make all charges and costs to the District under
this Agreement in accordance with the Schedule of fees attached as
Exhibit "A" and specifically incorporated herein by reference.
Contractor agrees to invoice the District for the services performed
as follows:
(a) All costs of handling, packaging, and transportation
Agreement page 7
shall be due within thirty (30) days of receipt of
invoice;
(b) Fifty percent (50%) of the disposal cost will be paid
within thirty (30) days of receipt of invoice; and
(c) The remaining balance will be paid within ten (10)
days of receipt of a certificate of disposal
verifying .destruction of all PCBs and PCB containing
and contaminated equipment and materials.
16. Time for Commencement and Completion. Contractor agrsp5
to commence work within (_) calendar days after receiving
notification to do so from the District, and agrees to carry out the
work at all times with the greatest possible dispatch and to
complete the work under this Agreement, as may be amended, no later
than
17. Charges and Liens. Contractor shall pay all charges
incurred by it for labor and materials used as they become due.
Should Contractor fail to pay any such charge, the District may pay
the same on behalf of Contractor and shall be reimbursed by the
Contractor for such payment on request.
18. Coordination with EPA. It is the intention of the
District to work closely with the Environmental Protection Agency
Office in San Francisco, California (Region 9) in assuring that all
applicable rules, laws, regulations and standards for this disposal
are being adhered to. It is also the intent of the District to
fully comply with the most recent and current PCB rules of 40 CFR,
Part 761, for the disposal of PCBs and 40 CFR, Part 262, for the
Agreement page 8
shipping and receiving of PCBs and all other applicable and
subsequent local, state, federal, Environmental Protection Agency
and Department of Transportation rules, laws and regulations which
may pertain to the packaging, handling, transportation, storage and
disposal of PCBs.
19. Indemnity Agreement. Contractor shall indemnify, defend
and hold harmless the District, its officers, directors, employees
and agents, and each of them, of and from any and all claims,
demands, causes of action, damages, costs, expenses, losses, or
liabilities, in law or in equity, of every kind and nature
whatsoever, for, but not limited to, injury to or 494th Pf
Contractor, any subcontractor, or any employees of the District,
Contractor, or any subcontractor, or any other person, and damages
to or destruction of property of the District or any other person,
arising out of or in any manner directly or indirectly connected
with the work to be performed under this Agreement, however caused,
regardless of any negligence of the District or •,its agents or
servants, be it active or passive, except the sole negligence or
willful misconduct of the District. Said indemnification shall
include the defense of any actions or other legal proceedings and
reimbursement of attorneys' fees and other legal expenses incurred
by the District and shall include any and all penalties imposed upon
the District on account of the violation of any law or regulation by
Contractor.
20. New Laws; Indemnification. If at any time in the future
any law or regulation becomes effective which requires the District,
Agreement page 9
its officers, directors, employees and agents to assume any
responsibility arising out of the use, packaging, handling,
transportation, storage and/or disposal of PCBs and PCB containing
or contaminated equipment or materials which are the subject of this
Agreement, the Contractor shall fully indemnify the District, its
officers, directors, employees and agents for any and all losses,
costs, damages, fines, judgments, court costs, attorney's fees and
civil liability arising therefrom in accordance with the above
indemnification provision.
21. Investigation by District. The District may make any such
investigations as it deems necessary to determine the ability of the
Contractor to perform the services required *under thi$ Agre(-PPPt,
The Contractor shall furnish to the District all such information
and data for this purpose as the District may request.
22. Tnsurance. Before commencement of any work under this
Agreement, Contractor shall take out and thereafter during the life
of this Agreement maintain in full force and effect an insurance
policy written upon a form and by a company which meets with the
approval of the District, insuring the District, its officers,
directors, employees and agents against loss or liability which may
arise during the work to be performed under this Agreement, or which
may result from any of the work herein required to be done,
including all costs of defending any claim arising as a result
thereof. This policy shall include "ON-SITE" liability insurance in
the amount of Five Million Dollars ($5,000,000) minimum. This
insurance shall cover Bodily Injury, Property Damage, Workers'
Agreement page 10
f^'
Compensation, Comprehensive General I..iability and Comprehensive
Automobile Liability (combined single limit per occurrence) . The
Comprehensive General Liability Insurance shall include Contractual
Liability Insurance, Products/Complete Operations Insurance and
Broad Form Property Damage Liability Insurance. This policy shall
be written in favor of Contractor and all subcontractors and also in
favor of the District, its officers, agents, and employees, and
shall be maintained in full force and effect until the work is
completed and unconditionally accepted by the District. This
insurance policy shall state by its terms that it shall not be
cancelled without ninety (90) days written notice thereto having
been given to the District. Written proof of*compliance with these
requirements shall be filed with and approved by the District before
commencement of the work. Contractor shall pay any and all
deductibles required by these insurance policies.
23. Performance and Payment Bond. Contractor, at its own cost
and expense, shall procure and maintain during tha term of this
Agreement, a surety bond in a form satisfactory to the District, in
a sum not less than the total contract price, to guarantee faithful
performance of all of Contractor's obligations as set forth herein,
and to secure payment to its subcontractors, and all other persons
performing labor or providing material, including the rental of
equipment, relating to the work as provided herein.
24. Termination of Contract; Damages.
A. Should Contractor at any time during the course of
performance refuse or neglect to supply sufficient materials or
Agreement page 11
Imo'
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workmen to complete the work for a period of more than seven (7)
days after having been notified by the District to furnish them, or
should Contractor at any time during the progress of the work refuse
or fail to make prompt payment to subcontractors, laborers or
materialmen for labor performed on or materials furnished for a
period of more than seven (7) days after having been notified by the
District to make said payments, the District may terminate this
Agreement and contract for completion of the work or complete the
work itself and make good any deficiencies and may deduct the costs
thereof, including all expenses and attorneys' fees, from the
payment then or thereafter due to the Contractor. On completion of
the work by the District or the District's#agent, if the unpaid
balance of the contract price exceeds the actual expenses, including
attorneys' fees, incurred by the District in completing the work,
such excess shall be promptly paid by the District to Contractor.
If, however, on completion of the work by the District or the
District's agents, the expenses, including attorneys'•. fees, incurred
by the District in completing the work exceed the unpaid balance of
the contract price, such excess shall he promptly paid by Contractor
to the District. Additionally, upon default under this Agreement by
Contractor, the District may recover from Contractor all damages
allowed by law.
B. Should the District fail to pay Contractor within
seven (7) days after payment becomes due as provided herein any
amount payable by the District to Contractor pursuant to this
Agreement, Contractor may, following seven (7) days' written notice
Agreement page 12
?00.-
thereof to the District, terminate its services under this Agreement
until all past-due payments have been received by Contractor or are
set aside in an escrow; and, additionally, Contractor may recover
from the District all damages allowed by law.
25. Unavoidable Delays and Defaults. Either party, Contractor
or the District, shall be excused for any delays or defaults by it
in the performance of this Agreement unavoidably-caused by the act
of the other, or the agents or subcontractors or suppliers of the
other, and the Contractor shall be excused for any delays or
defaults caused by Acts of God that Contractor could not have
reasonably foreseen and provided for, by stormy weather WhiCh
prevents the work, by strikes, by walk-outs, by civil disorders, by
boycotts, or by failure to obtain the necessary materials due to
governmental acts, restrictions or regulations, and the time for
completion of the work shall be extended thereby.
26. Employment; Non-Discrimination. Contractor shall comply
strictly with applicable federal, state, and local requirements
relating to the establishment of non-discriminatory practices in
hiring and employment.
27. Guarantee. Contractor guarantees that all equipment,
materials, supplies, and work furnished on the Project will be free
from faulty materials and workmanship and guarantees same against
defects in products and workmanship.
28. Non-Exclusive Agreement. This Agreement is not to be
construed as granting Contractor the exclusive right to transport
and/or dispose of PCBs and PCB containing or contaminated equipment
Agreement page 13
and materials of the District. The District reserves the right to
contract with other parties for such services as are deemed
necessary.
29. Customer Relations. Contractor agrees that its personnel
and equipment shall at all times present a neat appearance; all work
shall be done, all contacts with customers and all complaints
handled with due regard for the District's public relations.
Contractor agrees that complaints of any nature received from the
public or from public authorities shall receive immediate attention.
All complaints and any action taken by the Contractor with respect
to such complaints shall be reported to the District.
30. Notices. Any and all notices or otht r matters required or
permitted by this Agreement or by law to be served on, given to, or
delivered to either party hereto by the other party to this
Agreement shall be in writing and shall be deemed duly served,
given, or delivered when personally delivered to the party to whom
it is addressed or in lieu of such personal service;. five (5) days
after deposited in the United States mail, first-class postage paid,
addressed to the District at P.O. Box 309, Truckee, California
95734, or to Contractor at
Either party,'
the District or Contractor, may change its address for the purpose
of this section by giving written notice of such change to the other
party in the manner provided in this section.
31. Contractor's Waiver. Contractor agrees to waive the
provisions of California Civil Code Section 2819 with respect to
Agreement page 14
Contractor and any surety engaged by Contractor to provide a
performance, payment, or maintenance bond pursuant to the terms of
this Agreement.
32. Attorneys' , Experts' and Consultants' Fees. In the event
of any litigation concerning any controversy, claim or dispute
between the parties hereto, arising out of or relating to this
Agreement or the breach hereof, or the interpretation hereof, the
prevailing party shall be entitled to recover from the losing party
reasonable expenses, attorneys' fees, experts' fees and consultants'
fees, and costs incurred therein or in the enforcement or q;ol.l.ect.pp
of any judgment or award rendered therein.
33. Captions. The captions and headings of the different
sections of this Agreement are inserted for convenience of reference
only, and are not to be taken as part of this Agreement or to
control or affect the meaning, construction, or effect of the same.
34. Necessary Acts. Each party to this Agreement agrees to
perform any further acts and execute and deliver any further
documents that may be reasonably necessary to carry out the
provisions of this Agreement.
35. Assignment. Neither party may assign this Agreement, or
payments due under the Agreement, without the written consent of the
other party.
36. Governing Law. This Agreement shall be construed in
accordance with, and governed by, the laws of the State of
California.
Agreement page 15
37. Forum. Any litigation to enforce or interpret the
provisions of this Agreement or the parties' rights and liabilities
arising out of this Agreement or the performance hereunder shall be
maintained only in the courts in the County of Nevada, State of
California.
38. Sole and Only Agreement. This Agreement, including any
exhibits attached hereto and including the Notice to Bidders and
Contractor's Bid in response thereto, constitute the sole and only
Agreement of the parties hereto relating to the work to be performed
hereunder and correctly set forth the rights, duties, and
obligations of each to the other as of its date. Any prior
agreements, promises, negotiations, or represetitations not expressly
set forth in this Agreement are of no force and effect.
39. District Powers. Nothing herein contained shall be deemed
to limit, restrict or modify any right, duty or obligation given,
granted, or imposed upon the District by the laws of the State of
California now in effect, or hereafter adopted, nor to limit or
r` restrict the power or authority of the District.
40. Time of Essence. Time is of the essence in this
Agreement.
41. Severability. In the event that any part or provision of
this Agreement is found to be illegal or unconstitutional by a court
of competent jurisdiction, such findings shall not affect the
remaining parts, portions, or provisions of this Agreement.
Agreement page 16
CONTRACTOR: DISTRICT
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
By: By:
s
Agreement page 17
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