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1.5 License, Permits, Fees and Agreements. The Contractor represents, and
<br />warrants, that it has obtained or will obtain prior to removal, at its sole cost
<br />and expense, all licenses, permits and approvals required by Law for the
<br />performance of the services required by this Agreement, and for the intended
<br />treatment, storage or disposal facility where the Sludge ha to be transported.
<br />The Contractor has the sole obligation to pay for any fees, assessments and
<br />taxes, plus applicable penalties and interest, which may Oe imposed by Law
<br />and arise from, or are necessary for, the Contractor's pe6rmance of the
<br />services required by this Agreement, and shall indemnify, defend, reimburse
<br />and hold harmless the City against any such fees, assessments, taxes,
<br />penalties or interest levied, assessed or imposed against the City.
<br />1.6 Treatment, Storage or Disposal Facility. The Contractor represents and
<br />warrants that any treatment, storage or disposal facility tp be used in
<br />furtherance of this Agreement will be a properly licensed and permitted
<br />facility, in accordance with all applicable Federal, State and local laws
<br />governing the same, and that there are no releases or si6nificant threatened
<br />releases of any hazardous waste as defined under Calif1mia Health and
<br />Safety Code, Section 25117, or hazardous substances �s defined under
<br />California Health and Safety Code, Section 25281 (f), and all amendments
<br />thereto, into the soil or groundwater at such designated facility or facilities.
<br />The Contractor shall show proof of all necessary licenses, permits, approvals
<br />and/or certificates for the lawful operation of any such trr),atment, storage or
<br />disposal facility, and shall provide copies of the same to -Fthe City prior to the
<br />execution of this Agreement by the City. The Contractor, understands, and
<br />agrees, that the City may terminate this Agreement or pH.Dhibit the transportation
<br />or disposal of any such Sludge to a designated treatment, storage or disposal
<br />facility not consistent with the provisions of this Section alnd/or the intent of
<br />this Agreement.
<br />1.7 Familiarly with Work. By executing this Contract, the Cobntractor warrants the
<br />Contractor (a) has thoroughly investigated and consider�id the scope of
<br />services to be performed, (b) has carefully considered hc)w the services should
<br />be performed, and (c) attending performance of the services under this
<br />Agreement. The Contractor warrants that the Contractor has, or will investigate
<br />the Site and the Sludge and is, or will, be fully acquainted with the conditions
<br />there existing, prior to commencement of services here4nder. Should the
<br />Contractor discover any latent or unknown conditions which will materially
<br />affect the performance of the services hereunder, the Cgntractor shall
<br />immediately notify the City of such fact, and shall not p*eed, except at the
<br />Contractor's own risk, until written instructions are received from the Water
<br />and Wastewater Director.
<br />1.8 Care of Work. The Contractor shall adopt reasonable methods during the
<br />life of the Agreement to furnish continuous protection to the work, and the
<br />equipment, materials, papers, documents, plans, studies and/or other
<br />components thereof to prevent losses or damages, and i, hall be responsible
<br />for all such damages. to persons or property, except such losses or damages
<br />that are caused by the City's own negligence.
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