Laserfiche WebLink
The Contractor shall compensate the City for any costs incurred for response to any <br />discharge, <br />release, spill, or leakage of hazardous wastes occurring on City property as a result of <br />Contractor's loading, packaging and/or transportation activities, unless such release is <br />caused by the City's negligence or willful misconduct. <br /> <br />The Contractor shall immediately notify the City's Program Manager by telephone <br />should any accident or incident occur which results in any discharge, release, spill, or <br />leakage which involves any wastes to be managed under this Agreement. The <br />Contractor shall make all notifications and reporting to the appropriate regulatory or <br />emergency response agencies as required under federal, state, and local laws and <br />regulations in the event of a discharge, release, spill or leakage of hazardous wastes <br />during transportation, storage or disposal of wastes to be managed under this <br />Agreement. <br /> <br />If requested by the City, the Contractor will furnish the City's Program Manager with a <br />detailed written report describing any discharge, release, spill, or leakage of hazardous <br />wastes during transportation, storage or disposal of wastes to be managed under this <br />Agreement that required notification to the City or any federal state and local regulatory <br />or emergency response agency. <br />7. Non-conformity of Waste <br />Waste materials to be managed pursuant to this Agreement will be agreed upon in <br />advance in writing by Contractor and the City, to the extent that the nature or chemical <br />compositions of the materials to be handled are known to the City. At the time the City <br />requests the services of Contractor, the City will provide a Waste Profile sheet or <br />similar document (“Waste Profile”) to Contractor completely and accurately describing <br />the waste materials and their characteristics, if known. The Contractor will have the <br />right to reject any waste to be managed under this Agreement that does not materially <br />conform to the list of wastes provided for each shipment by the City’s Program <br />Manager. In rejecting any waste, the Contractor will notify the City’s Program Manager <br />of the reason(s) for the non-conformity. The rejection of any item to be managed under <br />this Agreement will not affect the acceptance by the Contractor of any other item to be <br />managed under this Agreement. <br /> <br />If the Contractor accepts a waste item but determines within fifteen (15) calendar days <br />of receiving the waste that the waste is non-conforming, the Contractor will notify the <br />City’s Program Manager by telephone and, if requested by the City’s Program Manager, <br />in writing of such nonconformity. If the City is unable to verify or correct the non- <br />conformity, the Contractor and the City will, in good faith, attempt to correct the <br />nonconformity and provide for the appropriate management of the waste. Waste <br />materials found to be nonconforming, if in the Contractor’s possession, will be prepared <br />for lawful transportation by Contractor and returned to City within thirty (30) days after <br />rejection by Contractor, unless the parties agree to an alternative and lawful manner to <br />dispose of the waste materials. In the event the Contractor and the City are unable to <br />agree on an appropriate resolution of the non-conformity, or the Contractor is prohibited <br />by law or TSDF permit from managing the non-conforming waste, the Contractor may <br />Docusign Envelope ID: B932AE1D-315D-8F6B-8092-3E7AD14B95CF