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HomeMy WebLinkAboutPW07-175 - Original - Waste Management national Services, Inc. - Mater Industrial Waste & Disposal Services - 04/10/2007 , , i♦ au w...., a./ L.i .W ll ri 11 1,1 11 1 -V1.GU MASTER INDUSTRIAL WASTE&DISPOSALVImow SERVICES AGREEMENT COMPANY: Waste Macro ement National Serv{cas,inc. CUSTOMER: CITY OF KENT AWW1EAL4NA0VfivrC tier Audtoraa Signer (slgrrMuraetioregrdredonsewrd evaj AL*VaedSrgnehM WWkn alsoMW radon c pap) Hahne: 3n Name; THogM5 QU(L.FW11_ 4 ra b Tine: Date Title: f�ssiSfGFr,/fTT - °�0 Effective Date ofAgresmart: 4/4107 — InitlalTorm: rrox4ts This Master Industrial Waste 9 Disposal Services Agreement.consisting of the terms and coridf6ons sot forth herein,and Exhibit A.ardor Confirmation L6 ter(s)and the Profile Sheets)entered into from and after the date hereof from time to time(all of the foregoing being collectively referred to as the°Agree- menf"),is made as of the Effective Date shown above by and between the Customer named above,on Its and Its subsidiaries and affiliates behalf(collectively, 'Customer)and Waste Management National Services,Inc.,on behalf of and as agent and atbmoy-in-factforits subsidiaries and affiliates provbmg the ser- vices to Customer(such subsidiaries and affiliates are individually and collectively,as the context requires,hereinafter referred to as Ins Company'). TERMS AND COND)TIONS 1.SERVICES PROVIDED,The Company will provide Customer with oollw 3,TERM OF AGREEMENT,The Initial Term of U Agreement shaft be 36 tion,management,transportation,disposal,treatment and recycling services months,commencing on the Effective Dab set forth above.This Agreement ('Senncesj for Custamefs nomhmardous solid waste, special waste, shall aubptna#kally renew thereafter for additional terms of Native (12) and/or hazardous waste(collectively"industrial Waste'}as described on Ex- months each("Ranewal Term"}unless either party,gives to the other party habit A and/or Confirmation Letter(s)and/or applicable Profile Sheets.Solid written notice of termination at least ninety(90)days prior to the termination Waste means garbage,refuse and rubbish including those which are racy- of the then-existing term;provided however,that the terms and conditions of dable but excluding Special Waste and Hazardous Waste.Special Waste this Agreement shall remain in full force and effect in accordance wth its includes polychlorinated bfpherryl(!PCB"}wastes,industrial process wastes, terms,with respect to any uncompleted or unfinished Service provided for in asbestos containing material, petroleum contaminated soils, treatedide- an Exhibit A.Confirmation Letter and/or Profile Sheet until such Service is charactenzed wastes,Incinerator ash,medx:al wastes,demolition debris and completed. other materials requiring special handling in accordance with applicable fed- 4.INSPECTION;REJECTION OF WASTE.Title to and liability for Nonco n- anal,state,provincial or local laws or regulations,Hazardous Waste means formming Waste shall remain with Customer at all times Company shall have any toxic or radioactive substances,as such terms are defFred by applicable the right to inspect,analyze or test any waste delivered by Customer.II Cus- federat,stale,provincial or local laws or regulations.When Company hairrdles tourers Industrial Waste is Nonconforming Waste,Company can,at its option, special or hazardous waste for Customer, Customer will provide Company reject Nonconforming Waste and return it to Customer or require Customer b with a Generators Waste Profile Sheet("Profile Sheet')describing all spe- remove grid dispose of the Nonconforming Waste at Customer's expense. cuel or hazardous waste,and provide a representative sample of such waste Customer shell indemnity,hold harmless(in accordance with Section 9)and on request. In the event this Agreement includes transportation by Corm- pay or reimburse Company for any and all costs, damages and/or fines in- pany. Customer shall, at the time of tender, provide to Company accurate cum as a result of or relating to Customer's tender or delivery of Noncon- and complete documents, shipping papers or manifests as are required for forming Waste or other failure to comply or conform to this Agreement, i - the lawful transfer of the special or hazardous waste under aq applicable clud ng casts of inspection,testing and analysis. federal,state or local laws or regulations.Tender of delivery shall be consid- ered 5 SPECIAL HANDLING;TITLE. If Company alacis to handle, rather than nancamtormirrg it not in accordance with this Paragraph, reject, Nonconforming Waste, Company shall have the right to manage the 2.CUSTOMER WARRANTIES. Customer hereby represents and warrants same in the manner deemed most appropriate by Company given the char- that all waste material delivered by Customer to Company shalt be in actor actarlslks of the Nonconforming Waste, Company may assess and Cus- dance with Waste descriptions given in this Agreement and shall pot be or tamer smut/ pay additional fees associated will/ delivery of Nonconforming contain any Nonconforming Waste "Nonconforming Waste"means:(a)non. Waste, including, but not limited to, special handling or disposal charges, hazardous Solid Waste that contains regulated Special Waste or Hazardous and costs associated with different quantities of waste,different delivery Waste;(b)waste that is not in conformance with the description of the waste dates, modifications in operations,specialized equipment,and other opera- in Fadibit A. the Confirmation Letier(s) or the Profile Sheet incorporated banal,environmental,health,safety or regulatory requtrerrienfs.-rile to and herein;(c)waste that is or contains any infectious waste, radioactive,vale- ownership of acceptable Industrial Waste shall transfer to Company upon its file, corrosive, flammable, explosive, biomedical, taohazardous material, final acceptance of such waste. regulated imadiclal or hazardous waste or toxic substances,as defined pur- suant to or listed or regulated under applicable federal, state or local law, that (a) Company R manage the Industrial Waste represents safe and �is except ro staters from the being Profile Sheet or Confirmation Letter: at he waste manlike manner in full compliance with ail valid and applicable federal,state that is prohibited from being received,managed o disposed of at the desig- nated disposal facility by federal, state or local law, regulation, rule,code, and local laws, ordinances,orders,rules and regulations:and(b)it will use ordinance,order,permit or permit conditran.Customer(including its subcon- disposal facilities that have been issued permits,limes,certificates or ap- tractors) represents and warrants that it will comply with al applicable laws, prevais required by valid and applicable laws,ordinances and regulations ordinances,r ulations,orders or other al requirements necessary to allow the facility to accept/ treat and/or dispose of Industrial erg penniis leg q applica- Waste.Except as provided herein,Company makes no odder warrantee and tole to the Industrial Waste. hereby disclaims any other warranty,whether implied or statutory. 0 Main Lbw ftmnmenvtmn9Mnnim atrm, C - .. ",ANYfaW a r ' Indus tense b ente r di -Customer aw its s ra Iran Indus. Pa<ty haste at an argrr deed(miry farina sote ctap aUhave bahvearr the parties am shah,and shall 'and,n the mane of off-loading t�f,1 sery regardingthe same.Providedr ensure 1 boon 'acted 6 or ind I W��utany of fhe tadUty, as a its su tr ors £off YCoin- i3 TE a here nr en behYeen the s hall govern f M$of any na. andlor term,nata� Y C'aat Omer or its sup mended. COmPan m PIY with ft.NATJ(fl Cara over any mconsfs. i �kn.fa,7ure is A eem mern the a confracttxa en y ,may ro ict (On the event of Cis Pdrty may rmmediafe 8l CHARGES inUaw s"rcn vent of Cup s fQ >ts fop 4 ment,including tto pay preach of an tY bmiina�this A ES,gtfty Wm rotes regulabans. mars or its suba,n insohent tt g far7ure to pay on a y term $re r &hlbit A or a ENT;g Customer subject of an timely paw or Provision of this R Agreement Tha firmahan fitter,wh rshall Pay the rates set a n diegolution,orsimilarla� letIn bankna L-y�ustomef s agree mea crease In rates may be y be modified foriry on dltors ar If Com makes asishi d`P0Sa1 or ruel adNsted by as provrd�t,n N0008 of to Parry daems r an assinment for P,benefit trial o►Naste, increased b d•'any a e!n inPy�mtQ account for:any P�son or by On shall be In VA �f d is as to parent p f naUt Position f t atian,Changde es in ua unaantrolls*Cirsupo t it of the Indus 14,tdig� maU,Postage deemed given h`j• etc of ta ,fees or fat, state or federal laws or �' Including reasonebfe an {aj 1he p ad'feturn rer"Af requestedVar 0d in , su a 9es and sumac Aany may also s of GCh" ods legufahonas moods�s im enforcing this in asurt°po,+ncludln 9 party ba en ow to fW above r nare d'ndalt for asasn the p e°r rOnat a es to t ar` in the G Collection due helawaWeentClorl cups rAraS g of writing o k Consent of Cu om r which for re May other�se Sere costs or ha Costs r e per returned r `tmg reasarrable Pay Company35 et Pavi ft actions fin br CoUect all ran dad a6ave and• artd Plxbcss of the ay be evidenced va fedyit, ��P ce - and Performance of t try atta custo meys fees Cw"pany to Customers Caregraph 5 shall take'All rate adjus any Ara ' N tan'of the's � extent rwr(b)The validity, past.due amounts rft ustoC n 11 rates- hU from p'avision shall A meant is de dean" a�cfai tha r s ar Pe�ed t Of Bch mvoit t pay the cam suchftorl gr Ssrsl m so. pea t(48% accrtim f k Customer 36 dad of mainder of this A9reernent sevemsbfe fromva6d nenfarce�I tf 9.1NpE j f ram g from date of the um or ifl rnmae paY a late fat on aft Castamees , which shaft and shad not than � AINIF ess.U,eMUM at a role of e' nr Payment ate rdrrtalfor,�,ervirnB4f the e aM h a n Parry agrees to indem aUo�by law made ration made by each Pady share svr ces v; and eWa'� effect, (d) result of % }which G arlda9astst any and aft lrat:*.defend and save A � ` ofthls A s a tndam or of b°ddY rrtnnres i ustc'mer maybe res ty AWtidr COMP 9marnenk te9ed v>r b Oft of late udog death},P e Pon*b for ng reason Ate'WASTE Rg t or by an to extent c r'P "tt'dat a,,,arrpay out as a GEMENTNATI of the omAWy or its a g��rI act.negligent d by omiss�,Pis har�y�Ws Sgnad. fiNAt.S YfCEg, C. Of the disposal ffOuo s Yhdww curs(1)durrn9 the 1 M3004duct CUSTOW14 rrrent, rn a f Cuatomyr's tndustnaf a&te by Company, 049�.Ion or •Providad wenei by a aut>SiptarY- ,asteaRer Me dad M a result 5ign�f: / Customer ksvofving Ntmcwo �nnificatisn o b 4atiens of W� Agree. 7 'alrf g stainer agrID ees 9Wasta Wit not llL{r�L end apply faSs'f G w fift and against anY arid �nlfIt' detvnd and save Coinmay dirty�+studing ran �pany hampe8s t Injuries Me �of fain t0%at, Pmres d°aM, for or paY a sonabto atfarneys face O or I i s tegypeant byC wsabre o p�g9ed uk of bey omission rn,ta Yeas, w wi! duct of or tum Agr�bor Cuatzimer's� Cr contracbrs 4'tnrl to NeCmue- tare dNsilhe s,S arbo al Wisille eradon or po osN�toft le try e of quipment 1a.UNCCW goutoft�theatherforonsequentiaf . maka d,AIXEC P '4manceOffhisA ''�entatorPuni Pedor Pat a la t arwacfer beCU1N MICM E4000 nt nether� for contra m de n Party shall be in the aBaUoii tmentamt�d0m'f ra�tfrm, t� �events beots tmyond�r itsa lurQ to anable d�sd chamngles anti restrfcbd and inabilityto tarnpositton of taws or y� such avenue N Ucused f m ptland dwi ) n Q�i�tit 11,ASSIG the beret aline p and i§ -Agreement ahr#be �of 12,OpRE A.' es and their�pectiva sI, aing on and shall In sen and agra This Agreement Aresccessol and as ps uf8 to �w fides any tprriiorparties re✓a to M die en ire under. nt., managamart of a8reerma �rzaps " tp�wrftn or oral PVasa2 l usntracW"&Ulsp�AGRE!MEM ry . .,u ^-•ui a."r•cc. f1L1Y, ..a , nI , r.GO/GO ADDENDUM TO SERVICES AGREEMENT BETWEEN CITY 4F KENT&WASTE MANAGEMENT, INC. Amended language for Services Agreement for special collection of contaminated soil from City of Kent by Waste Management, Inc. Amended language for Section 2: 2. CUSTOMER WARRANTIES. Customer hereby represents and warrants that all waste material delivered by Customer to Company shall be in accordance with waste descriptions given in this Agreement and shall not be or contain any Nonconforming Waste. [...,] Amend to: 2. CUSTOMER WARRANTIES. Customer hereby represents and warrants that all waste material delivered by Customer to Company shall, to the best of Customer's knowledge, be in accordance with waste descriptions given in this Agreement and shall not be or contain any Nonconforming Waste. [....] Amended language for Section 14, 14. MISCELLANEOUS. (a) The prevailing party will be entitled to recover reasonable fees and court costs, including attorneys' fees, in interpreting or enforcing this Agreement. [....] Amend too 14, MISCELLANEOUS. (a) Each party will be responsible for paying its own legal fees and costs, including court costs and attorneys' fees, in interpreting or enforcing this Agreement. [....] Both parties agree to this amended language, which is hereby adopted by reference to the attached Services Agreement between the City of Kent and Waste Management, Inc. CITY OF KENT / WAS MAN AGE NT, INC. By: f r' '��L_----� J Signature n f Signature &OitiLr^. Ttt/e 7— True Date TOTAL P.06 DATE(MMIDDfYYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE I/v201z F12/8,12010 PRODUCER LOCKTON COMPANIES,LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 5847 SAN FELIPE,SUITE 320 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOUSTON TX 77057 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 866-260-3538 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW PSCOVE11SURIERS AFFORDING COVERAGE NAIC# INSURED WASTE MANAGEMENT HOLDINGS, C &7CLAFFILIATED, INSURERA ACP American Insurance Company 22667 1300299 RELATED&SUBSIDIARY COMPANIES INCLUDING®4 7011 INSURER B lndeimnty Insurance Co of North America 43575 WASTE MANAGEMENT OF WASHINGTON,IAN PO BOX 1877 INSURER C AC C Property&Casualty Insurance Co 20699 AUBURN WA 98071 �/y/yr' URER D STY O• K� RER E COVERAGES W 1AUBURT LAJ N T S CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE IMM/DDIYY) DATE(MMIDDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 A X COMMERCIAL GENERAL LIABILITY HDO 325524937 I/l/2011 1/l/2012 DAMAGE TO RENTED � � _ PREMISES Eaoccurence S_ _$ 000,000 CLAIMS MADE X I OCCUR MED EXP(Any one person) $ XXXXXXX X XCU INCLUDED PERSONAL&ADV INJURY $ 5,000,000 X ISO FORTA CG 00011207 GENERAL AGGREGATE $ 6M00 000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP'OP AGG $ 6.000 000 PRO- 1-1 POLICY X JECT X LOC A AUTOMOBILE LIABILITY MMT H08631463 1/1/2011 I/l/2012 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) X ALL OWNED AUTOS BODILY INJURY $ XXXXXXX SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ XXXXXXX X NON-OWNED AUTOS (Per accident) X N1CS-90 PROPERTY DAMAGE $ 1 XXXXXXX (Per accident) GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY AGG $ XXXXXXX EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 15,000,000 C X OCCUR ❑CLAIMS MADE XOO G2582$562 1/1/2011 1/1/2012 AGGREGATE $ 15,000,000 UMBRELLA $ XXXXXXX DEDUCTIBLE El FORM $ XXXXXXX RETENTION $ $ XXXXXXX B WORKERS COMPENSATION AND WLR C46469768(AOS) 1/1/2011 1/1/2012 X I WC STATU- OTH- A— ANYPROERsRIPART'Y -YIN WLR C4646977A(CA&MA) 1/1/2011 1/1/2012 ,ACHACCIs `R 3,000,000 ANY PROPRIETORrPARTNER;EXECUTIVE OFFICER/MEMBER EXCLUDED'' E L EACH ACCIDENT $ A (MandatoryinNH) SCFC46469781 (WI) I/l/2011 1/1/2012 E L DISEASE-EA EMPLOYEE $ 3,000,000 If yes aescnbe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ 3,000,000 A OTHER XTR H08631475 1/l/2011 1/l/2012 COMBINED SINGLE LIMIT EXCESS AUTO S9(100,000 LIABILITY IFACH ACCIDENT) DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLAI ION 30 DAYS EXCLPI 10 DAYS NOTICE FOR NON-PAYMENT BLANKET WAIVLR OF SUBR06ATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO UIL LXTFNT REQUIRED BY WRITTEN CONTRACT WHERE PLRMISSIBLL BY LAW CERTIFICATE HOLDER IS NAMED AS AN ADDIIZONAL INSURFD(EXCLPI FOR WORKFRS COMR1,L) WHERE AND TO THE EXIENI REQIIIRFD BY WRITTEN CONTRACT ADDIIIONA[ INSURED IN FAVOR Of CITY OF KENI ION ALL POI ICIFS EXCLPI WORK FRY COMPENSA I IONJ L)WHERE AND TO THE FXTCNT AC REQUIRED BY WRI I TEN CONTRACT CERTIFICATE HOLDER CANCELLATION 3438334 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF KENT,WA(CITY HALL) DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN DIRECTOR OF PUBLIC WORKS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 220 FOURTH AVENUE.SOUTH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR KENT WA 98032 REPRESENTATIVES AUTHORIZED REPRESENTATIV ACORD 25(2009101) ©198�8-20099 ACORD CORPOPOION All rights reserved The ACORD name and loo are registered marks of ACORD For eueebens retardate th s embOcate contact the number bs ed in the'Producer section above and soecifv the client code"AAUBURN'