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CONDITIONALLY EXEMPT GENERATORS WASTE DISPOSAL AGREEMENT THIS AGREEMENT, made and entered into this day of , 1997, by the City of Moscow, a Municipal Corporation of the State of Idah6, hereinafter referred to as the 'CITY' and Philip Enviromnental, Inc., a Washington Corporation, hereinafter referred to as the 'CONTRACTOR'. WITNESSETH. WHEREAS, the CITY desires to provide Conditionally Exempt Generators with an opportunity to dispose of hazardous waste; and WHEREAS, the CONTRACTOR is educated, trained and capable of providing the services contemplated by this Agreement NOW THEREFORE, the CONTRACTOR and the CITY agree to the following: L SCOPE OF SERVICES CONTRACTOR agrees to execute all of said services in a good, substantial, and workerlike manner and in strict accordance with the following terms and conditions herein, from the date hereof until such services are complete as required herein. THE CONTRACTOR SHALL I. Attend organizational meetings on the day of the event at CITY's request 2. Set up and take down the site selected for turn-in day, with the exception of CITY provided equipment 3. Go through dry run of turn-in day with all participants the day of event. 4. ClassifY, package, and label materials as per guidelines in 49 CFR Transportation, Parts I 00-199. 5. Profile materials as per U.S. EPA standards. 6. Load CEG materials on the transportation vehicle. 7. Work directly with approved Treatment, Storage and Disposal (TSD) facility(s) to arrange for the disposal of waste. CONDITIONALLY EXEMPT GENERATORS WASTE DISPOSAL AGREEMENT; Page 1 97-09 ---PAGE BREAK--- 8. Supervise all aspects of the CITY's conditionally exempt generator (CEG) turn in day. 9. Send copies of all manifests and labpack inventories to the CITY upon final disposal of hazardous waste at TSD facility(s). Information shall include: categories and quantities of lab-packed waste and drums containing liquid for incineration; number of drums removed, and a credit for actual revenue from CEGs for all hazardous waste disposed of II. TERMS AND CONDITIONS The parties agree that I. Status of Generator: The CITY shall assume the status of generator for all CEG waste collected at the turn-in day until such time as CEG waste has been accepted into CONTRACTOR's northwest facilities, at which time CONTRACTOR shall take title to, and assume status of generator of, CEG waste. 2. Acceptable Materials: Acceptable materials to be disposed of may be of a chemical nature, hazardous, non-hazardous, toxic, flammable, corrosive, oxidizing, etc , of an organic and/or inorganic nature. 3. Non-acceptable Materials: The CONTRACTOR shall not accept materials listed in Appendix B. 4. Transportation The CONTRACTOR shall transport the waste to the CONTRACTOR's TSD. 5. Compliance with Laws: The CONTRACTOR shall provide all services under this Agreement and dispose of all waste in compliance with applicable local, state and federal laws, rules and regulations. The CONTRACTOR shall obtain all necessary permits, licenses and other forms of documentation required in order to comply with all applicable local, state and federal laws, rules and regulations and prior to commencement of services hereunder, the CONTRACTOR shall furnish the CITY with all applicable documentation upon request. IlL INSURANCE I. The CONTRACTOR shall at all times during the term of this Agreement maintain in full force and effect employer's liability, workmen's compensation, public liability and property damage insurance, including contractual liability coverage. All insurance shall be by insurers licensed to do business in the state of Idaho and for policy limits provided below. Before commencement of services hereunder, the CONTRACTOR agrees to furnish the CITY certificates of insurance or other evidence satisfactory to the CITY to the effect that such CONDJTIONALL Y EXEMPT GENERATORS WASTE DISPOSAL AGREEMENT; Page 2 ---PAGE BREAK--- insurance has been procured and is in force. The CONTRACTOR shall further cause the CITY to be named as an additional insured on all applicable insurance policies. The certificates shall contain the following express obligations: This is to certifY that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, fifteen ( 15) days prior written notice shall be given the certificate holder." 2. For the purpose of this contract, the CONTRACTOR shall carry the following types of insurance in at least the limits specified below: Coverage Workman's Compensation Employer's Liability Bodily Injury Liability Property Damage Liability Liability Hazardous Waste Spill or Pollution Limits of Liability Statutory Requirement $500,000 per occurrence, $1,000,000.00 aggregate $500,000 per occurrence, $1,000,000.00 aggregate $500,000 per occurrence, $1,000,000.00 aggregate $500,000 per occurrence, $1,000,000.00 aggregate $500,000 per occurrence, $!,000,000 00 aggregate 3. CONTRACTOR shall verifY that any subcontractor or transportation company hired by CONTRACTOR shall have equal or greater levels of insurance coverage to those required herein. IV. INDEMNITY: In the performance of the services hereunder, the CONTRACTOR is an independent contractor and neither the CONTRACTOR, its officers, employees, agents nor subcontractors shall be deemed in any respect to be employees of the CITY. The CONTRACTOR will indemnifY, save harmless, and exempt the CITY, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees incident to any work done in the performance of this agreement arising out of willful, negligent, or wrongful acts or omissions of the CONTRACTOR, its officers, employees, agents, subcontractors and employees. V. LIABILITY Neither party shall be liable to the other for delays due to causes beyond the control of either party including, but not limited to acts of God, explosion, riots, fire, accident, flood, labor trouble, war or acts of government, or any other cause reasonably beyond its control but shall use all reasonable efforts to minimize the extent CONDITIONALLY EXEMPT GENERA TORS WASTE DISPOSAL AGREEMENT; Page 3 ---PAGE BREAK--- of delay. The CONTRACTOR shall not be liable for any wanton, willful and intentional wrongful conduct on the part of any volunteer or agent of the CITY VI. COMPENSATION CONTRACTOR will be paid for all packaging, transportation, materials and disposal by the generators, not by the CITY RATES: Rates as set forth in Appendix A for each type of service include all costs, fees and other expenses associated with services provided for herein. PAYMENT: Participant Conditionally Exempt Small Quantity Generators shall pay by cash or check at the time of drop off Checks can be made payable to Philip Environmental, Inc. VII. ASSIGNMENT: This Agreement may not be assigned or sublet without prior written consent of either party. Appendices A and B are hereby adopted and incorporated into this Agreement as if fully set forth. VIII. WAIVER OF TERMS The failure of a party to insist upon strict performance of any provision of this agreement shall not be deemed a waiver of any subsequent or continuing breach of the term or condition of this agreement and shall not waive either party's right to compel strict compliance with each and every term and condition hereof The CONTRACTOR, by and through its representative and the CITY, by and through its Mayor and City Clerk have duly executed this agreement to be effective the day and year first above written. FOR THE CONTRACTOR + Tim Ritchie, Program Coordinator FOR THE CITY Paul C. Agidius, Mayor CONDITIONALLY EXEMPT GENERA TORS WASTE DISPOSAL AGREEMENT: Page 4 ---PAGE BREAK--- On this 1997, before me a Notary Public in and for said State, appeared known to me to be the /,h%cA &r of Philip Environmental, Inc, and acknowledged to me that he £xecuted the foregoing agreement on behalf of the Corporation 1 , I ' / 71,c1 / CONDITIONALLY EXEMPT GENERA TORS WASTE DISPOSAL AGREEMENT; Page 5 'ftc., / //-c4C Notary Public in and for the State ---PAGE BREAK--- APPENDIX A Rates - Conditionally Exempt Small Quantity Generator Event* description Disposal of lab-packed materials: environmentally hazardous pound poisonous pound oxidizing pound corrosive pound flammable (liquid) pound flammable (solid) pound Disposal of bulked liquids: chlorinated non-chlorinated Disposal of bulked flammable solvents/ paints: liquid gallon pourable sludge pound hard sludge pound Other charges, if any (please list): PCB solids pound non RCRA liquid gallon mercury debris pound aerosols can PCB Ballasts pound * All charges are to Conditionally Exempt Generators only, not to City of Moscow. CONDITIONALLY EXEMPT GENERA TORS WASTE DISPOSAL AGREEMENT; Page 6 $2.50 2.50 2.50 2.50 2.50 2.50 7.00 .50 .50 2.00 5.00 15.00 2.50 2.50 ---PAGE BREAK--- APPENDIXB The following list of wastes cannot be accepted under EPA (Federal) Regulations: Radioactive Wastes Explosives Biological or Infectious Waste Regulated Waste CONDITIONALLY EXEMPT GENERA TORS WASTE DISPOSAL AGREEMEN1; Page 7 ---PAGE BREAK--- WILLIS CORROON MELLING INC. 145 KING STREET WEST, SUITE 1200 TORONTO, ONT. M5H 1J8 CANADA ATTN: _TRUDY DELINE INSURED BURLINGTON ENVIRONMENTAL INC. D.BA PHILIP ENVIRONMENTAL INC. 1100 OAKESDALE AVENUE SW RENTON, WASHINGTON B 98055 ATTN: JEFF CAVANAUGH ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ !NCL PAR1NERSJEXECUf!VE OFFICERS ARE: EXCL CITY OF MOSCOW P.O. BOX 9203 122 EAST 4TH STREET MOSCOW, ID 83843 ATTN:RELENEJOHNSON POLICY NUMBER GL1525396 CA5051894 BE1525397 NXC011298803 COPS5873251 COMPANY A COMPANY B COMPANY c COMMERCE & INDUSTRY INSURANCE COMPANY RELIANCE INSURANCE COMPANY AMERICAN INTERNATIONAL SPECIALTY LINES CO. POLICY EFFECTIVE POLICY EXPIRATION DATE LIMITS 10/31/96 10/31/97 COMBINED SINGLE LIMIT • 1,000,000 BODILY INJURY ' 10/31/96 10/31/97 (Per person) BODILY INJURY ' (Per accident} PROPERTY DAMAGE ' 10/31/96 10/31/97 12/31/96 12/31/97 10/31/96 10/31/97 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,